For the purpose of this chapter, 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 (i) 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, (ii) 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 non-voting; or (iii) which controls 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 chapter.
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 chapter under § 155.04(B).
FACILITY. Any tangible asset in the public way used or required to provide a non exempt 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 non-exclusive privilege to occupy or use a public way to provide non exempt service under this chapter and who is in continuous compliance with this chapter.
GROSS REVENUE. All gross revenue of grantee or any affiliate of grantee derived from the use or occupancy of public ways for the provision of non exempt services to persons having a residence or place of business in the service area. GROSS REVENUE shall include amounts earned, regardless of: (i) Whether the amounts are paid in cash, in trade, or by means of some other benefit to grantee or its affiliates; (ii) 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 (iii) how the amounts are initially recorded by grantee or its affiliates. GROSS REVENUE shall not be a net of: (a) expense, including but not limited to any operating expense; capital expense; sales expense; or commission; (b) any accrual, including, without limitation, any accrual for commissions; or (c) any other expenditure, regardless of whether such expense, deduction, accrual, or expenditure reflects a cash payment. Gross revenue shall not be double counted, viz., gross revenue which has been included as gross revenue of both grantee and an affiliate but which sum is included in gross revenue due solely to a transfer of funds between grantee and the affiliate shall not be counted for purposes of determining gross revenue.
NON EXEMPT. A service which is provided to residences or businesses within the service area, but which is not exempt from the provisions of this chapter under § 155.04(B).
PERSON.
(1) 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
(2) Provides or seeks to provide one or more non exempt 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.
RIGHT-OF-WAY. The land set aside for use as a street, alley, or other means of travel as established by the Commonwealth or other appropriate governing authority and currently in existence.
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 motor vehicles. Streets are further classified by the functions they perform:
(1) ARTERIAL HIGHWAYS. Designed for large volumes of high speed traffic with access to abutting properties restricted.
(2) COLLECTOR HIGHWAYS. Designed to carry a moderate volume of fast-moving traffic from primary and secondary streets to arterial highways, with access to abutting properties restricted.
(3) PRIMARY STREETS. Designed to carry a moderate volume of traffic, to intercept rural roads and secondary streets, to provide routes to collector highways, and to provide access to abutting properties.
(4) RURAL ROADS AND SECONDARY STREETS. Designed to provide access to abutting properties and to primary streets.
(5) MARGINAL ACCESS STREET. A secondary street parallel to and adjacent to an expressway, arterial highway, or collector highway and which provides access to abutting properties and protection from through-traffic.
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 Springfield, County of Bucks, Commonwealth of Pennsylvania, or the lawful successor, transferee, or assignee thereof.
(Ord. 187, passed 10-24-17)