Terms. For the purpose of this Part, the following terms, phrases,
words and abbreviations shall have the meanings ascribed to them below.
When not inconsistent with the context, words used in the present
tense include the future tense, words in the plural number include
the singular number, and words in the singular number include the
plural number.
AFFILIATE
A person:
A.
With a direct or indirect ownership interest in the subject
entity of 5% or more or which controls such interest, including forms
of ownership such as general, limited, or other partnership interests,
direct ownership interests, limited liability companies, and other
forms of business organizations and entities, but not including corporations;
B.
With a stock interest in the subject entity where the subject
entity is a corporation and such stockholder or its nominee is an
officer or director of the grantee or who directly or indirectly owns
or controls 5% or more of the outstanding stock, whether voting or
nonvoting; or
C.
Which controls the grantee and/or is controlled by or is under
common control with such person or entity.
CABLE SERVICE
Shall have the same meaning as used in the Communications
Act.
COMMUNICATION ANTENNA
Any device used for the transmission of radio, television,
wireless telephone, pager, commercial mobile radio service or any
other wireless communications signals.
COMMUNICATIONS ACT
The Communications Act of 1934, as amended as of the time
of enactment of this Part.
EQUIPMENT
Any tangible asset used to install, repair, or maintain a
facility in the public way.
EXEMPT
A service which is provided to residences or businesses within the service area but which is exempt from the provisions of this Part under §
21-204, Subsection
2, of this Part.
FACILITY
Any tangible asset in the public way used or required to
provide a nonexempt service to residences or businesses within the
service area "Facility" includes poles, conduits, pipe and other structures
or devices in a public way.
GRANTEE
A person who enjoys a nonexclusive privilege to occupy or
use a public way to provide nonexempt service under this Part and
who is in continuous compliance with this Part.
GROSS REVENUE
A.
All gross revenue of the grantee or any affiliate of the grantee
derived from the use or occupancy of public ways for the provision
of nonexempt services to persons having a residence or place of business
in the service area.
B.
"Gross revenue" shall include amounts earned, regardless of:
(1)
Whether the amounts are paid in cash, in trade, or by means
of some other benefit to the grantee or its affiliates;
(2)
Whether the services with which the revenue is associated are
provided at cost or the revenue amount can be matched against an equivalent
expenditure; and/or
(3)
How the amounts are initially recorded by the grantee or its
affiliates.
C.
"Gross revenue" shall not be a net of:
(1)
Expense, including, but not limited to, any operating expense,
capital expense, sales expense, or commission;
(2)
Any accrual, including, without limitation, any accrual for
commissions; or
(3)
Any other expenditure, regardless of whether such expense, deduction,
accrual, or expenditure reflects a cash payment.
D.
"Gross revenue" shall not be double counted, viz., "gross revenue"
which has been included as gross revenue of both the grantee and an
affiliate but which sum is included in gross revenue due solely to
a transfer of funds between the grantee and the affiliate shall not
be counted for purposes of determining gross revenue.
NONEXEMPT
A service which is provided to residences or businesses within the service area but which is not exempt from the provisions of this Part under §
21-204, Subsection
2, of this Part.
PERSON
Any natural person, sole proprietorship, partnership, association,
limited liability company, corporation or other form of organization
authorized to do business in the Commonwealth of Pennsylvania and
which provides or seeks to provide one or more nonexempt services
to residences or businesses in the service area. A governmental entity
or a municipal authority is not a "person."
PUBLIC WAY
The surface of, and the space above and below, any public
street, unopened right-of-way, highway, turnpike, bridge, land path,
alley, court, boulevard, sidewalk, parkway, way, lane, public way,
drive, circle, or other public right-of-way held by the Township in
the service area. "Public way" shall also mean any easement now or
hereafter held by the Township within the service area for the purpose
of public travel and/or for utility and/or public service use dedicated
for compatible uses.
SERVICE AREA
The present municipal boundaries of the Township, and shall
include any additions thereto by annexation or other legal means.
STREET
A public or private way used or intended to be used for passage or travel by vehicles and pedestrians and which furnishes access to abutting properties and space for public utilities. The specific classification for each street is identified at §
22-504 of the Wrightstown Township Subdivision and Land Development Ordinance, last amended June 16, 2007, which provides for the following classifications:
B.
Principal Arterials: PA Route 232 (Second Street Pike), PA Route
413 (Durham Road), and Swamp Road (PA Route 232 to Newtown Township
boundary).
C.
Minor Arterial: Swamp Road (PA Route 232 to Buckingham Township
boundary).
D.
Major Collector: PA Route 232 (Windy Bush Road).
E.
Minor Collectors: Park Avenue, Pineville Road, Stoopville Road,
Wrightstown Road and Worthington Mill Road.
F.
Feeder Streets: Brownsburg Road, Cedar Lane, Cherry Lane, Mill
Creek Road, Mud Road, Penns Park Road, Rushland-Jamison Road, Thompson
Mill Road, Township Line Road and Washington Avenue.
G.
Local Streets: All other streets are classified as local streets.
H.
New development streets are classified as local streets unless
a traffic impact study determines that they are streets of a higher
order.
TOWNSHIP
The Township of Wrightstown, County of Bucks, Commonwealth
of Pennsylvania, or the lawful successor, transferee, or assignee
thereof.