[Ord. 314, 5/13/1986; as amended by Ord. 820, 12/8/2003]
The following words, terms and phrases, when used in this Part,
shall have the same meaning ascribed to them in this section, except
where the context clearly indicated a different meaning. The word
"shall" is always mandatory and not merely directory. Whenever in
this Part, the words "directed," "required," "permitted," "ordered,"
"designated," "prescribed," or words of the like import are used,
it shall be understood direction, requirements, permission, order,
designation, or prescription of the Director of Public Works, or his
designee, is intended; and similarly, the words "approved," "acceptable,"
"satisfactory" or words of like import shall mean approved by, acceptable
to or satisfactory to the Director of Public Works or his designee.
A form provided the utility by Township noting pertinent
data for the purposes of inspection and control by the Township and
constituting a receipt for services performed by the Township.
Preplanned to improve or upgrade an existing system or to
install a completely new system providing new or additional service.
Work necessitated by the rupture or sudden malfunction of
existing underground facilities.
All the plant and equipment of a public utility including
all tangible and intangible, real and personal property without limitations,
and any and all means and instrumentalities in any manner owned, operated,
leased, licensed, controlled, furnished or supplied for by, or in
connection with the business of any public utility; provided, however,
that no property owned by the Commonwealth of Pennsylvania, or the
Township at the date when this Part becomes effective shall be subject
to any of the terms of this Part, except as elsewhere expressly provided
herein.
A careful or critical investigation not necessarily confined
to optical observation but is understood to embrace tests and examination
for the purpose of ascertaining quality and compliance as prescribed
in this Part and discovering and correcting errors.
All cities, boroughs, towns, townships, or counties of this
Commonwealth, and also any public corporation, authority, or body
whatsoever created or organized under any law of this Commonwealth,
for the purpose of rendering any service similar to that of a public
utility.
Cutting, severing, disturbing or altering the cartway of
a street by a person.
Riding surfaces of machine-laid asphalt over a base of concrete,
brick, Belgian block, crushed stone, bituminous concrete or oil and
stone.
Individuals, partnerships, associations, and corporations,
and includes their lessees, assignees, trustees, receivers, executors,
administrators or other successors in interest.
Persons now or hereafter owning or operating in this Commonwealth
equipment or facilities for:
Producing, generating, transmitting, distributing or furnishing
natural or artificial gas, electricity, or steam for the production
of light, heat or power to or for the public for compensation.
Diverting, developing, pumping, impounding, distributing, or
furnishing water to or for the public for compensation.
Transporting or conveying natural or artificial gas, crude oil,
gasoline, or petroleum products, by pipe lines or conduit, for the
public for compensation.
Conveying or transmitting messages or communication by telephone
or telegraph to the public for compensation.
Sewage collection, treatments or disposal for the public for
compensation.
The term "public utility" shall not include:
Any person or corporation, not otherwise a public utility, who
or which furnishes services only to himself or itself.
Any bona fide cooperative association which furnishes services
only to its stockholders or members on a non-profit basis.
Any producer of natural gas not engaged in distributing such
directly to the public for compensation.
A chronological record of pave cuts and disturbances to rights
of way as reported to the Township containing pertinent data as required
by the Township for the purpose of inspection and control.
In this Part, this term shall be interpreted in its broadest
and most inclusive sense, and includes any and all acts done, rendered
or performed, and any and all things furnished or supplied, and any
and all facilities used, furnished or supplied by public utilities,
in the performance of their duties under this Part to their patrons,
employees, other public utilities, and the public, as well as the
interchange of facilities between two or more of them.
Riding surfaces of concrete, brick, Belgian block or cobblestone.
Any street, highway, road, land, court, public square, or
place of whatever nature, dedicated and accepted right of way, open
to the use of the public as a matter or right for purposes of vehicular
travel.
Work within an existing cartway which shall consist of a
minimum of eight inch stone base and a minimum of two inch bituminous
surface material.
The Township of Ferguson.
An area within any public right of way, usually underground
but not limited to same, reserved for and assigned to a specified
utility by the Township. The area to be used by the specified utility
for placing and operating its facilities for transmitting and distributing
its particular commodity or service.
The adjustment, replacement or relocation of utility facilities
as required by street construction or repaving project, such as: removing
or reinstalling the facility, acquiring the necessary rights of way,
moving or rearranging existing facilities, changing the type of facility,
and any necessary safety and protective measures. It shall also mean
the construction of a replacement facility functionally equal to the
existing facility, where necessary for the continuous operation of
the utility service, the project economy, or sequence of street construction.
The furnishing of all materials, labor, equipment, and other
incidentals necessary or convenient to the successful completing of
anything done within the right of way of a street and the fulfillment
of all duties and obligations imposed by this Part.
