§ 98.051 REPAIRING DAMAGED STREETS.
   (A)   Permits required. No person shall cut or drill into, excavate under, or otherwise damage any street, alley, sidewalk, curb, crosswalk, or public way without first obtaining a permit to do so pursuant to the ordinances and regulations of the city and without adhering to all applicable ordinances and regulations for such work.
   (B)   Flowable fill required. All excavations or cuts made into, under, across, or extending five feet from the finished edges of pavements, gutters or curbs shall be backfilled with flowable fill also known as controlled density fill in conformity with the standards and specifications of this section.
   (C)   General requirements. 
      (1)   All materials, cuts and excavations, unless specifically stated otherwise, shall be in accordance with all applicable Indiana Department of Transportation (INDOT) Standard Specifications that are current at the time of the cut or excavation.
      (2)   The flowable fill shall have a compressive strength from 50 PSI (pounds per square inch) to 150 PSI.
      (3)   The flowable fill shall have a test spread diameter greater than eight inches using the current INDOT Standard Specifications testing procedure, and a test of same shall be performed by the contractor and a copy of the test results sent to the Street Commissioner.
      (4)   (a)   The flowable fill mix shall consist of the following materials and be proportioned within the following limits for each material per cubic yard:
            1.   Portland cement   25 to 75 pounds per cubic yard
            2.   Fly ash   0 to 1500 pounds per cubic yard
            3.   Fine aggregate   2010 to 3150 pounds per cubic yard
            4.   Water   as required, approximately 500 pounds per cubic yard
         (b)   The producer may use water as reducing admixtures and also air-entraining admixtures when used in accordance with the admixture manufacturer’s recommendations. The flowable fill may have air content from 0 - 25% by volume.
      (5)   Before any flowable fill is placed, any pipes, structure, or other objects that might be displaced by the placement of the flowable fill shall be adequately anchored, braced, or otherwise secured.
      (6)   The fill mixture shall be delivered and discharged using ready-mix trucks approved for use by INDOT, and a copy of the “batch ticket” for the delivered flowable fill shall be delivered to the Street Department upon completion of excavation or repairs.
      (7)   Flowable fill shall not be placed on frozen ground and shall be protected from freezing until the material has stiffened and bleeding water subsided. When the temperature of the air at time of placement is below freezing (32º F.), the Street Commissioner may require that freezing protection extend for as long as 48 hours.
   (D)   Additional requirements for non-residential streets. When flowable fill is used on non-residential streets in conjunction with concrete, the contractor shall place the flowable fill at least ten inches below the finished surface of the adjacent pavement prior to placing eight inches of class A concrete thereon. The concrete may be placed as soon as bleeding has subsided. The concrete shall be protected from traffic for a minimum of 48 hours unless otherwise approved by the Street Commissioner or his designated representative and then capped with two inches of blacktop.
   (E)   Additional requirements for residential streets. 
      (1)   When flowable fill is used on residential streets in conjunction with concrete, the contractor shall place the flowable fill to minimum of eight inches below the finished surface of the adjacent pavement prior to placing eight inches of Class A concrete thereon. The concrete may be placed as soon as bleeding has subsided. The concrete shall be protected from traffic for a minimum of 48 hours, unless otherwise approved by the Street Commissioner or his designated representative.
      (2)   When flowable fill is used on residential streets in conjunction with hot asphalt, the contractor shall place the flowable fill to a minimum of ten inches below the finished surface of the adjacent pavement prior to placing thereon eight inches of Class A Concrete and two inches of HMA #11 surface meeting current INDOT specifications for 402 asphalt paving.
   (F)   Additional requirements for unpaved streets and alleys. When flowable fill is used on unpaved streets and alleys in conjunction with concrete, the contractor shall place the flowable fill to minimum of six inches below the adjacent grade of the street or alley. After the flowable fill has cured for 24 hours, unless otherwise approved by the Street Commissioner or his designated representative, six inches of compacted #53 crushed stone placed in three-inch lifts meeting current INDOT specifications shall be placed and compacted thereon.
   (G)   Additional requirements if unable to place concrete or asphalt within the specified time. 
      (1)   If for reasons beyond contractor’s control, a contractor is unable to place concrete or asphalt within the times specified above, the flowable fill may be placed to match the finished surface of the adjacent pavement and exposed to traffic after water bleeding has subsided or one hour has passed, whichever is longer, and if the repair is fully covered with steel plates for a maximum of 24 hours.
      (2)   Within 24 hours of opening to traffic, the excess material must be removed and proper repairs be made pursuit to the requirements of this section.
   (H)    Waivers. 
      (1)   Any request for waiver of the flowable fill requirement shall be made in writing to the Street Commissioner, with the reasons for that waiver stated in that request. The Street Commissioner, in his or her sole discretion, may approve or disapprove any such request, without any requirement to state the reasons therefor.
      (2)   If a waiver is granted, then granular backfill meeting current INDOT Specifications for B Borrow, with an alternate compacted aggregate approved by the Street Commissioner may be used when placed in six-inch lifts and compacted to 95% of the maximum dry density, as determined by accepted AASHTO (American Association of State Highway and Transportation Officials) standards and procedures, and confirmed by test results from an INDOT-certified laboratory, a copy of which shall be delivered to the Street Commissioner.
(‘85 Code, § 12.24) (Am. Ord. 8-2008, passed 5-12-08) Penalty, see § 98.999(C)