Whenever the words "directed," "required," "permitted," "ordered,"
"designated," "prescribed," or words of like import are used, it shall
be understood that the direction, requirement, permission, order,
designation, or the prescription of the Borough Engineer or Borough
Code Enforcement Officer is intended; and similarly, the words "approved,"
"acceptable," "satisfactory," or words of like import shall mean approved
by, acceptable, or satisfactory to the Borough Engineer or Code Enforcement
Officer.
APPLICATION FOR A PAVE CUT PERMIT
A form provided to the utility by the Borough noting pertinent
data for the purposes of inspection and control by the Borough, and
constituting a receipt for services performed by the Borough.
CAPITAL IMPROVEMENT
Preplanned improvement or upgrade of an existing system,
or to install a new system providing new or additional service.
EMERGENCY REPAIR
Work necessitated by the rupture or sudden malfunction of
existing underground utilities.
FACILITIES
All the plant and equipment of a public utility or a municipal
corporation including all tangible and intangible, real, and personal
property without limitations, and any and all means of instrumentalities
in any manner owned, operated, leased, licensed, controlled, furnished
or supplied for or by, or in connection with the business of any public
utility; provided, however, that no property owned by the Commonwealth
of Pennsylvania, or the Borough at the date this Part becomes effective
shall be subject to any of the terms of this Part, except as elsewhere
expressly provided herein.
INSPECTION
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 for discovering and correcting errors and deficiencies.
MUNICIPAL CORPORATION
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.
The term "municipality" shall mean the Borough of Forty Fort.
PAVE CUT LOG
A chronological record maintained by the Borough of pave
cuts reported to/performed in the Borough, containing pertinent data,
as required by the Borough, for the purpose of inspection and control
of pave cuts.
PAVEMENTS
Riding surfaces of machine laid asphalt over a base of concrete,
brick, Belgian block, rock, crushed stone, bituminous concrete, oil
and stone or other subbase.
PERSON
Individuals, partnerships or associations other than corporations
and includes their lessees, assignees, trustees, receivers, executors,
administrators, or other successors in interest.
PUBLIC UTILITY
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(1)
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Persons or corporations now or hereafter owning or operating
in this commonwealth equipment or facilities for:
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(a)
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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.
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(b)
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Diverting, developing, pumping, impounding, distributing, or
furnishing water to or for the public.
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(c)
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Transporting or conveying natural or artificial gas, crude oil,
gasoline, or petroleum products, by pipelines or conduits, to or for
the public.
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(d)
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Conveying or transmitting messages, communications, or data
by telephone, telegraph, wire, fiber optic cable, or any other electric/electronic
means, to or for the public.
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(2)
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The term "public utility" shall not include:
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(a)
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Any person or corporation, not otherwise a public utility, who
or which furnishes services only to himself/herself/itself.
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(b)
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Any bona fide cooperative association which furnishes services
only to its stockholders or members on a nonprofit basis.
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(c)
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Any producer of natural gas not engaged in distributing such
directly to the public for compensation.
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SERVICE
Is used in this Part 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 patron, employees, or other
public utilities, and the public, as well as the interchange of facilities
between two or more of them.
SPECIAL PAVEMENT
Riding surfaces of concrete, brick, Belgian block, or cobblestone.
STREET
Includes any street, highway, road, land, court, alley, public
square, or place of whatever nature, whether dedicated or not, open
to the use of the public as a matter or right for purposes of vehicular
travel.
UTILITY CORRIDOR
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 Borough. Also, the area to be used by the specified
utility for placing and operating its facilities for transmitting
and distributing its particular commodity or service.
UTILITY RELOCATION
Utility relocation includes, but is not limited to, the adjustment,
replacement, or relocation of utility facilities as required by street
construction or repaving projects, such as: removing and/or reinstalling
the facility, acquiring the necessary rights-of-ways, moving or rearranging
existing facilities, changing the type of facility, and any necessary
safety/protective measures. It also means 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.
WORK
The furnishing of all equipment, labor, materials, accessories,
incidentals, bonds, and insurance, necessary or convenient to the
successful completion of the project and the fulfillment of all duties
and obligations imposed by this Part.