§ 153.18 WAIVER.
   (A)   Any request for waiver of the flowable fill requirement shall be made in writing and approved by the Street Commissioner of the city. If such waiver is granted, granular backfill, meeting INDOT specifications for B Borrow, #53 compacted aggregate, and #73 compacted aggregate, may be used when placed in eight-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 a INDOT certified laboratory. The number of tests to be taken will be determined by the Street Commissioner of the city and is dependent upon the depth and length of the excavation being restored. The cost of these tests, if any, will be borne by the permit holder. In any event, the structure(s), pipe, cable, and the like shall be covered to a height of not less than 12 inches with flowable fill prior to placement of the granular fill material.
   (B)   If the city, or any of its departments, determines that an emergency situation exists, the requirements of this subchapter may be temporarily waived in order to protect the health, welfare, and safety of the traveling public.
(Ord. 2001-12, passed 2-5-2002) Penalty, see § 153.99