This Part 1 shall be known and be cited as the
"Pave Cut Ordinance."
A.
Word usage. The following words, terms and phrases, when used in this Part 1, 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 Part 1 the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Municipal 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 Municipal Engineer.
B.
APPLICATION FOR A PAVE CUT PERMIT
CAPITAL IMPROVEMENT
EMERGENCY REPAIR
FACILITIES
INSPECTION
MUNICIPAL CORPORATION
MUNICIPALITY
NEW PAVEMENT
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
Definitions. As used in this Part 1, the following
terms shall have the meanings indicated:
A form provided the utility by the municipality, noting pertinent
data for the purposes of inspection and control by the municipality
and constituting a receipt for services performed by the city.
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 and intangible, real and personal property without limitations,
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 Part 1 becomes
effective shall be subject to any of the terms of this Part 1, 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 Part 1 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 document, "municipal corporation" shall mean the
Municipality of Kingston.
The Municipality of Kingston.
Any roadway surface which has been installed within 36 months
previous to the application for the intended pave cut.
[Added 7-6-1999 by Ord. No. 1999-5]
A chronological record of pave cuts as reported to the municipality
containing pertinent data as required by the municipality 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" shall not include:
Any person or corporation, not otherwise a public
utility, who or which furnishes services only to 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 Part 1 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 1 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 specified
utility by the Municipal 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 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 1.
