Chapter 21 Streets and Sidewalks

1. 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 indicates a different meaning.

2. 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 like import are sued, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Township 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 Township Engineer.

Application for a pave cut permit–a form provided the utility by the Township noting pertinent data for the purposes of inspection and control by the Township and constituting a receipt for services performed by the Township.

Capital improvement–preplanned to improve upgrade and existing system or to install a completely new system providing new or additional service.

Emergency repair–work necessitated by the rupture or sudden malfunction of existing underground facilities.

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 discovering and correcting error.

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 laws of this Commonwealth for the purpose of rendering any service similar to that of a public utility. For the purpose of this document, “municipal corporation” shall mean the Township of Plains.

New pavement–any pavement to a road that is less than five years old. [Ord. 2015-2]

Pavements–riding surfaces of machine laid asphalt over a base of concrete, brick, Belgian block, crushed stone, bituminous concrete or oil and stone.

Person–individuals, partnerships or associations other than corporations and includes their lessees, assignees, trustees, receivers, executors, administrators or other successors in interest.

Public utility–

(1) Persons or corporations now or hereafter owning or operating in this Commonwealth equipment or facilities for:

(a) 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.

(b) Diverting, developing, pumping, impounding, distributing or furnishing water to or for the public for compensation.

(c) Transporting, or conveying natural or artificial gas, crude oil, gasoline or petroleum products by pipe lines or conduit, for the public for compensation.

(d) Conveying or transmitting messages or communications by telephone or telegraph to the public for compensation.

(2) The term “public utility” shall not include:

(a) Any person or corporation, not otherwise a public utility, who or which furnishes services only to himself, herself or itself.

(b) Any bona fide cooperative association which furnishes services to its stockholders or members on a non-profit basis.

Service–“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 patrons, employees, other public utilities and the public, as well as the interchange of facilities between two or more of them. A copy of the completed application signed by the Township Engineer or his or her agent shall be in the hands of a competent person at the worksite described in said application and shall constitute a permit.

Special pavement–riding surfaces of concrete, brick, Belgian block or cobblestone.

Street–street shall mean and include 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.

Township pave cut log–a chronological record of pave cuts as required to the Township containing pertinent data as required by the Township for the purposes of inspection and control.

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 Township 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.

Utility relocation–utility relocation shall mean and include 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, chancing 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.

Work–the furnishing of all materials, labor, equipment and other incidentals necessary or convenient to the successful completion of the project and the fulfillment of all duties and obligations imposed by this Part.

(Ord. 8/24/1988, § 101; as amended by Ord. 2015-2, 5/14/2015, §§ 101, 106)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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