For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. The person who has applied for a right-of-way permit or a construction permit.
APPLICATION. The form prescribed by the township, which the applicant must complete in order to obtain a right-of-way or construction permit.
CONSTRUCTION. The building, erection or installation in, on, over or under a right-of-way. It does not include maintenance or repair of existing aerial cables or equipment in a right-of-way or a single line extension from equipment in the right-of-way.
CONSTRUCTION PERMIT. The written authorization granted by the township to an applicant in order to perform construction in a right-of-way.
EMERGENCY. A condition that poses a clear and immediate danger to public, safety, including damage of life, health or a significant loss of property.
EQUIPMENT. Any tangible property located or proposed to be located in a right-of-way, including, but not be limited to, wires, lines, cables, conduits, pipes, supporting structures or other facilities.
EXPERT. Any person who has specialized skill or knowledge in legal, technical, engineering, construction, or related fields and who provides assistance to the township regarding any matter included in this chapter.
MAINTENANCE. Work of a minor nature that will keep an existing condition from failure or decline.
NON-PUC REGULATED PERSON. Any individual, firm, partnership, association, corporation, company or other business entity not regulated as a public utility by the Public Utility Commission.
PERMIT HOLDER. The person who has obtained a right-of-way permit.
PERSON. Any individual, firm, partnership, association, corporation, company or other business entity, whether such person is PUC regulated or non-PUC regulated.
PUBLIC UTILITY COMMISSION or PUC. The state administrative agency, or lawful successor thereto, authorized to regulate and oversee public utilities and telecommunications providers and telecommunications services in the commonwealth, to the extent provided by law.
PUC REGULATED PERSON. Any entity which is operating as a public utility as defined under the Pennsylvania Public Utility Code, being 66 Pa.C.S. §§ 101 et seq., and is subject to regulation by the PUC, regardless of whether or not the entity has been issued a certificate of public convenience by the State Public Utility Commission.
RESTORE. The process by which a right-of-way is returned to a state that is as good or better than its condition was prior to the construction.
RIGHT-OF-WAY. The surface and space in, on, over, across, along, under and above any real property in which the township has an interest in law or in equity, including, but not limited to, any public street, boulevard, avenue, road, highway, easement, bridge, freeway, alley, court or any other place which is under the jurisdiction of the township, other than real property owned in fee by the township.
RIGHT-OF-WAY PERMIT or PERMIT. A written authorization granted by the township to an applicant for use of the rights-of-way in the township for the installation, operation and/or maintenance of equipment.
TELECOMMUNICATIONS. The transmission, between or among points specified by the user, of information of the user’s choosing, without change in form or content of the information as sent and received.
TELECOMMUNICATIONS SERVICES. The offering of telecommunications for a fee directly to the public, or to users who will make telecommunications available directly to the public, regardless of the facilities used.
TELECOMMUNICATIONS SYSTEM. A system that offers TELECOMMUNICATION SERVICES.
UNDERGROUND EQUIPMENT. All equipment that is located wholly or partially underneath a RIGHT-OF-WAY.
(Ord. 985, passed 11-20-2018)