(a) Permit Required. It shall be unlawful for any person to make any tunnel, opening, or excavation of any kind in or under the surface of any street, except for the erection of public utility poles, without first securing a permit from the City of Martinsburg for each separate undertaking; provided, however, that any person maintaining pipes, lines, or underground conduits in or under the surface of any street, by virtue of any law, ordinance, or franchise, may proceed with an excavation or opening without a permit when emergency circumstances demand the work to be done immediately for the preservation of public health, safety or welfare, provided that the permit could not reasonably and practically have been obtained beforehand. Such person, however, shall thereafter apply for a permit on the first regular business day on which the office of the City Planner is open for business and said permit shall be retroactive to the date when the work was begun.
(b) Limitations on Work.
(1) No person to whom a permit has been granted under the provisions of this Article shall perform any of the work authorized by such permit in any amount or quantity greater than the specified permit, except that upon the approval by the Manager additional work may be done under the provisions of the permit in an amount not greater than ten percent (10%) of the amount specified in the permit. Any deposit and bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section with the limit mentioned herein.
(2) The provisions of this section shall not apply whenever excavations of an exploratory nature are made in order to determine the location of underground facilities, provided that in such instances, the permittee, immediately upon completion of the excavation, shall specify on the permit the proper amount or quantity of work and shall post the proper deposit and bond.
(c) Time Limit for Commencement of Work. Work for which a permit has been issued pursuant to this Article shall commence within thirty days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated. Permits thus terminated may be renewed upon the payment of an additional permit fee in the same amount of the original fee.
(d) Permits Nontransferable. Permits issued under this Article are not transferable from one person to another, and the work shall be carried out only at the location specifically designated in the permit.
(e) Expiration of Permits; Extensions. Every permit issued hereunder shall expire at the end of the period of time specified in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit present in writing to the Manager, a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the Manager, such an extension is necessary, the permittee may be granted additional time for the completion of the work.
(f) Rights of Street Use Reserved. Every permit issued hereunder shall be granted subject to the right of the City or of any other person entitled thereto to use the street for any purpose for which such street may be lawfully used.
(g) Revocation of Permits.
(1) Any permit issued under this Article may be revoked by the Manager after notice for:
A. Violation of any condition of the permit.
B. Violation of any provision of this Article or any other applicable ordinance or law relating to the work.
C. The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.
(2) Written notice of such violation shall be served upon the person to whom the permit was granted, or his agent or employee engaged in the work. Such notice shall also contain a brief statement of the reasons for revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified or by United States Mail, addressed to such person to be notified. (Ord. 95-02. Passed 2-9-95.)