909.03 APPLICATIONS AND PERMITS.
   (a)   Duties and Responsibilities of Applicants. It shall be the duty and responsibility of any person applying for a permit to:
      (1)   Make a written application for such permit with the Manager on such form as he shall prescribe. No work shall commence until the Manager has approved the application and issued a permit and until the person has paid and furnished all fees, deposits, certificates and bonds required by this Article; provided, however, that, in accordance with Section 909.02(a), work of an emergency nature may commence before a permit has been issued when said permit cannot practically be obtained beforehand. The application for a permit shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the City and the law of the State of West Virginia in relation thereto.
      (2)   Furnish in duplicate, when required by the Manager, plans showing the extent of the proposed excavations of both the existing ground prior to said excavation and of proposed excavated surfaces, the location of the excavation work and such other information as may be prescribed by the Manager.
      (3)   Agree to save the City and its officers, employees, and agents from any and all costs, damages and liabilities which may occur or be claimed to accrue by reason of said work to be done in said application. The acceptance of any permit under this Article shall constitute such and agreement by the applicant in the opening of any street.
   (b)   Duties and Responsibilities of Permittees. 
      (1)   Pay a permit fee for the issuance of an excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The minimum excavation permit fee shall be in an amount varying with the type, amount and age of surface to be opened, dug or excavated under the permit issued, as follows:
         A.   On streets constructed, reconstructed, or resurfaced within the year prior to the issuance of the excavation permit: five hundred dollars ($500.00) for every one hundred (100) lineal feet of opening or part thereof.
         B.   On the streets constructed, reconstructed or resurfaced between one (1) and two (2) years prior to the issuance of the excavation permit; three hundred fifty dollars ($350.00) for every one hundred (100) lineal feet of opening or part thereof.
         C.   On streets constructed, reconstructed, or resurfaced between two (2) and three (3) years prior to the issuance of the excavation permit: two hundred dollars ($200.00) for every one hundred (100) lineal feet of opening or part thereof.
         D.   On streets constructed, reconstructed, or resurfaced between three (3) and four (4) years prior to the issuance of the excavation permit: one hundred twenty-five dollars ($125.00) for every one hundred (100) lineal feet of opening or part thereof.
         E.   On streets constructed, reconstructed, or resurfaced between four (4) and five (5) years prior to the issuance of the excavation permit: fifty dollars ($50.00) for every one hundred (100) lineal feet of opening or part thereof.
         F.   On all other streets and for all excavations deemed by the Manager to be of an emergency nature: twenty dollars ($20.00) for every one hundred (100) lineal feet of opening or part thereof.
      (2)   Pay an inspection fee based on the cost of inspection plus fifteen percent (15%), or a fee of twenty dollars ($20.00), whichever is greater.
      (3)   Make a deposit as required by Section 909.05. 
      (4)   Furnish a certificate of insurance as required by Section 909.06.
      (5)   Provide a faithful performance bond as required by Section 909.07.
      (6)   Submit, when required by the Manager, a list of owners and tenants of all property abutting the area where the work is authorized by the permit is to be performed.
      (7)   Present evidence that all materials, labor and/or equipment which are needed to complete such undertaking as authorized by the permit are available.
      (8)   Keep the original copy of the permit at all times while such work is in progress at the location for which said permit was granted and show such permit upon demand to any authorized representative of the City.
         (Ord. 95-02. Passed 2-9-95.)