917.01 Standards adopted.
917.02 Definitions.
917.03 Street openings and pavement cuts; permit required.
917.04 Street, sidewalk and curb openings limited.
917.05 Commencement of work.
917.06 Permits nontransferable.
917.07 Expiration of permits.
917.08 Municipal utility cuts.
917.09 State and county highways.
917.10 Rights of City.
917.11 Revocation of permits.
917.12 Duties and responsibilities of applicants.
917.13 Duties and responsibilities of permittees.
917.14 Opening and excavation restrictions.
917.15 Backfilling and restoring opening.
917.16 Deposits.
917.17 Insurance requirements.
917.18 Abandoned facilities.
917.99 Penalty.
CROSS REFERENCES
Power to regulate street excavations - see W. Va. Code 8-12-5(2)
Street obstructions - see TRAF. 311.01
The City standard specification for sidewalk, curbs, street openings, excavation and repair, dated March 1, 1981 is hereby adopted, by reference, for the purpose of prescribing minimum standards of and for street openings, excavations and repair of public ways, streets, sidewalks, curbs, roads or alleys within the corporate limits of the City.
(Ord. 528. Passed 5-5-81.)
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
(a) "Applicant" means any person who makes application for a permit.
(b) "City" means the City of Fairmont, Marion County, West Virginia.
(c) "Engineer" means the person in charge of the Department of Engineering or the highway operations in the City, or his authorized deputy, representative or inspector.
(d) "Emergency" means any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
(e) "Permittee" means any person who has been issued a permit and has agreed to fulfill all the terms of this article.
(f) "Person" includes any natural person, partnership, firm, association, utility, corporation or authority created pursuant to an act of the West Virginia General Assembly. Whenever used in any section prescribing and imposing a penalty, the term "person" as applied to associations means the partners or members thereof, and as applied to corporations, the officers thereof.
(g) "Public utility company" means any company subject to the jurisdiction of and control by the West Virginia Public Utility Commission.
(h) "Street" includes a public street, public easement, public right of way, public highway, public alley, public way or public road accepted or maintained by the City.
(i) In this article, the singular includes the plural and the masculine includes the feminine and the neuter.
(Ord. 528. Passed 5-5-81.)
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