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ARTICLE IV. - RIGHT-OF-WAY Sec. 82-300. - Election to manage the public right-of-way. In accordance with the authority granted to the City under state and federal statutory administrative and common law, the City hereby elects to manage rights-of-way within its jurisdiction. (Ord. No. 2010-445, § 2, 4-5-2010) Sec. 82-301. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned facility means a facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service, for a continuous period of six months. Applicant means any person requesting permission to excavate or obstruct a right-of-way. Collocate or Collocation means to install, mount, modify, operate, or replace a small wireless facility on under, within or adiacent to an existing wireless support structure that is owned Privately or by the City. Commission means the state public utilities commission. Congested right-of-way means a crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minn. Stats. § 216D.04. subd. 3, over a continuous length in excess of 500 feet. Construction performance bond means a form of financial security acceptable by the City. Degradation means a decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. Degradation cost subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration as determined by the City at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13 of the state public utilities commission rules, set forth in Minnesota Rules parts 7819.9900 to 7819.9959. Degradation fee means the estimated fee established at the time of permitting by the City to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. Department means the public works department of the City. Department inspector means any person authorized by the City to carry out inspections related to the provisions of this article. Director means the public works director of the City, or her or his designee. Delay penalty is the penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching or restoration as established by permit. Emergency means a condition that: