§ 92.12  CULVERTS.
   (A)   The following rules and regulations concerning driveways and rights-of-way and sidewalk usage policies:
      (1)   Any person, firm, or corporation who wishes to undertake private construction which would alter any culverts, ditches, or piping within the town's right-of-way must apply for a permit.
      (2)   Any private improvements to a ditch or culvert, regardless of the condition of the existing ditch or piping, must meet all federal, state, and local rules and regulations.
      (3)   Any private construction and/or alterations must maintain the flow of water and not impede the water in any way.
      (4)   Driveway culverts shall be a minimum of 15 CMP or 12 RCP or 12 smooth lined HDPE.
      (5)   All culverts must be installed with INDOT approved end sections or poured in place headwalls.
      (6)   All backfill of culverts must use granular fill.  No dirt backfill shall be allowed.
      (7)   All areas to be altered must be inspected prior to work taking place.  The final sizing of a culvert pipe shall be determined by the Town.
      (8)   Any disturbed areas with the town's right-of-way shall be replaced in a condition as good as before the road cut, utility crossing, or utility connection.  This shall consist of additional backfill, if necessary, and seeding the disturbed area.  This condition shall continue for a period of six months after the completion of the work.
      (9)   A fee of $100 shall be submitted with permit application.
      (10)   A permit without all of the above information and fee shall not be accepted by the Town Hall.
      (11)   The permits shall be approved or rejected by the Street Superintendent or his or her designated agent, such as the Sewer or Water Superintendent.  If the permit is rejected, the reasons for the rejection shall be listed along with the notification to applicant of the rejection.
      (12)   All deviations or variances from the aforementioned rules and regulations may only be approved by the Town Council.
      (13)   A permit shall be valid for 90 days from the date of approval.  All work must be completed within the 90 days unless an extension is provided by the Town Council.
   (B)   Any person, firm, or corporation who violates any provision of this section shall be subject to penalties as set forth in § 10.99.
(Ord. 2011-5, passed 8-2-11)  Penalty, see § 10.99