[Adopted 11-19-1981 by Ord. No. O-16-1981]
[Amended 11-25-2013 by Ord. No. O-8-2013]
A. 
The following words, when used in this article, shall have the meanings hereby respectively ascribed thereto, except in those instances where the context clearly indicates otherwise:
PERSON
Any natural person, partnership, association, municipal authority, firm, corporation, public utility or other legal entity.
STREET
Any public street, avenue, boulevard, road, alley or highway located in the City of Farrell and established for the use of vehicles.
B. 
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
[Amended 11-25-2013 by Ord. No. O-8-2013]
No permit shall be granted under this article until the person desiring the same shall have made application therefor and shall have paid a permit fee to be set by the City Council. Such application shall be made upon blanks to be furnished by the City of Farrell and shall set forth the name of the applicant, the exact location of the proposed opening or excavation, and the approximate size or depth thereof, and 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 laws of the commonwealth in relation thereto, and that the applicant shall well and truly save, defend and keep harmless the City of Farrell from and indemnify it against any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed opening or excavation, and all damages to persons or property resulting in any manner therefrom or occurring in the prosecution of the work connected therewith, or from any other matter, cause or thing relating thereto. Such application shall also comprise an agreement by the applicant that he shall adhere to all the terms of this article, and that any failure to do so shall constitute a violation of this article.
No permit shall be granted until the applicant therefor shall have filed a surety bond in the amount prescribed by the Manager, based upon the extent of the work and the character of the street and street surface disturbed by the opening or excavation. Such bond shall guarantee that the permit holder shall be responsible for maintaining the portion of the street disturbed by such opening or excavation, and the restored surface thereof for a period of two years after the completion of the resurfacing thereof.
No permit shall be granted until the applicant therefor shall have shown that he carries liability insurance in an amount to be set by City Council and with a company deemed satisfactory to the City Manager.
It shall be the duty of the permit holder:
A. 
To confine such opening or excavation to the portion of the street and to the dimensions generally indicated on the permit.
B. 
To commence such work of opening or excavation on the date indicated on such permit, or as soon as practicable thereafter, and to complete such work, along with the refilling of the excavation, and the restoration of the street surface on or before the date of expiration of such permit.
C. 
To notify the City Manager before such opening or excavation is to be refilled, and thereupon to complete such work or refilling and resurfacing to the satisfaction of the City Manager and in strict conformity with the requirements of this article.
D. 
While such work is underway, and at all times prior to the completion of the resurfacing of the street, to keep in place sufficient barricades, warning signs and warning lights or flares to guard the opening or excavation and to warn the traveling public of its location; such warning lights or flares shall be lighted and in operation at all times between sunset and sunrise and at all other times when visibility is such as to make their use necessary.
E. 
To refill the opening or excavation and to resurface the portion of the street disturbed thereby in the manner set forth in the agreement forming part of the application, such requirements being based upon the material of the disturbed surface, the character of the subsoil and subsurface, and the type and kinds of subsurface installations in and in the vicinity of the opening or excavation; provided, however, that in any event, unless a separate agreement is reached thereon, the surface shall be restored to the same condition as it was before the opening or excavation and shall be of the same material.
[Added 12-15-2014 by Ord. No. O-13-2014; amended 3-11-2015 by Ord. No. O-1-2015]
A. 
If two openings are made less than 100 feet apart, the entire area between the two openings and including the two openings shall be milled and overlaid for a width of 1/2 the street/alley width, unless the repair crosses the center line of the street/alley, then the mill and overlay shall be for the full width of the street/alley.
B. 
If more than four openings are made within a 500-foot span in the street/alley, the section must be milled and overlaid for 1/2 the width of the street/alley, unless the repair crosses the center line of the street/alley, then the mill and overlay shall be for the full width of the street/alley for the entire length of work.
C. 
Additional milling and overlay may also be required wherever designated by the Director of Public Works.
D. 
The time from milling to final paving shall not exceed 24 hours. The milled section of street/alley may be closed to traffic until final restoration is complete. Permit holder is responsible for traffic control during street closure.
E. 
Permit holder is responsible for the final restoration of the street for one year from the date of final restoration.
F. 
Permit holder shall inspect all temporary patches on a weekly basis and make necessary repairs until final repair is made.
G. 
Permit holder shall inspect final patches and restorations every three months for a period of one year from the date of the final restoration to ensure the original street/alley grades and cross sections are maintained.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The permit holder further shall agree, and upon issuance of the permit does agree, that he shall repay to the City of Farrell, within 30 days of a billing by the City of Farrell, for all work and material furnished by the City in connection with said opening and/or excavation.
Upon failure of any person to pay for the work and materials furnished by the City of Farrell within 30 days from its completion, the City may collect the same, together with a penalty of 10% by suit in assumpsit against such person or authority, as is provided in the bond furnished for the granting of the permit.
[Amended 11-25-2013 by Ord. No. O-8-2013; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any provision of this article or who shall fail, neglect or refuse to perform any duty imposed upon him thereby shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, plus costs of prosecution, or to undergo imprisonment for not more than 90 days, or both. Each violation of any provision of this article, and each day the same continues, shall be deemed a separate offense.