[Amended 5-11-2020 by Ord. No. 788]
A.
Word usage. The following words, terms and phrases, when used in this article, shall have the same meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The word "shall" is always mandatory and not merely directory. Whenever in this article the words "directed," "required," "permitted," "ordered," "designated," "prescribed" or words of like importance are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Borough Engineer is intended, and similarly, the words "approved," "acceptable," "satisfactory" or words of like import shall mean approved by, acceptable to or satisfactory to the Borough Engineer.
B. APPLICATION FOR A PAVE CUT PERMIT BOROUGH CAPITAL IMPROVEMENT EMERGENCY REPAIR FACILITIES INSPECTION MUNICIPAL CORPORATION PAVE CUT LOG PAVEMENTS PERSON PUBLIC UTILITY(1) (a) (b) (c) (d) (2) (a) (b) (c) SERVICE SPECIAL PAVEMENT STREET UTILITY CORRIDOR UTILITY RELOCATION WORK
As used in this article, the following terms shall have the meanings indicated:
A form provided 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.
The Borough of Derry.
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, real and personal property, without limitation, 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 any municipal corporation thereof, at the date when this article becomes effective shall be subject to any of the terms of this article, 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 article 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. For the purpose of this article, "municipal corporation" shall mean the Borough of Derry.
A chronological record of pave cuts as reported to the Borough containing pertinent data as required by the Borough for the purposes of inspection and control.
Roadway surfaces of machine-laid asphalt over a base of concrete, brick, Belgian block, crushed stone, bituminous concrete, or oil and stone.
Individuals, partnerships or associations, other than corporations, and includes their lessees, assignees, trustees, receivers, executors, administrators or other successors in interest.
Persons or corporations 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.
Conveying or transmitting television or radio signals by cable to the public for compensation.
Sewage collection, treatment or disposal for the public for compensation.
The term "public utility" or "utility" shall not include:
Any person or corporation, not otherwise a public utility, who or which furnishes services to only himself or itself.
Any bona fide cooperative association which furnishes services only to its stockholders or members on a nonprofit basis.
Any producer of natural gas not engaged in distributing such gas directly to the public for compensation.
Used in this article 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 article to their patrons, employees, other public utilities and the public, as well as the interchange of facilities between two or more of them.
Roadway surfaces of concrete, brick, Belgian block or cobblestone.
Includes any street, highway, road, land, court, alley 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.
An area within any public right-of-way, usually underground, but not limited to same, reserved for and assigned to a specific utility by the Borough Engineer; the area to be used by the specified utility for placing and operating its facilities for transmitting and distributing its particular commodity or service.
Includes the adjustment, replacement or relocation of utility facilities as required by a 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 or other incidentals necessary or convenient to the successful completion of the project and fulfillment of all duties and obligations imposed by this article.