§ 96.40 REQUIREMENTS FOR CUTTING AND EXCAVATING.
   (A)   (1)   Streets and alleys shall be classified into three categories:
         (a)   Class One. Business and industrial areas.
         (b)   Class Two. Areas with improved streets and alleys.
         (c)   Class Three. Residential areas with semi-improved streets and alleys.
      (2)   The classifications are further described by a drawing shown as Exhibit “A,” on file in the Department of Public Works office. The specifications can be found in Standard Details for Public Works Construction, adopted by Ordinance 87-12:
         (a)   If any excavation is made in any street or alley that is improved or semi-improved, material from the excavation may be used to backfill such excavation, provided that such material is free from vegetation, rocks, and other debris. It shall be placed in the trench in six-inch to eight-inch layers. This material shall be thoroughly tamped or compacted by a suitable mechanically operated tamp to ensure compaction to a proctor of 90% or better. All backfilling of trenches shall be done as described and shown on Exhibit “A,” which is on file in the office of the Department of Public Works, and to the satisfaction of the Department of Public Works or its representatives.
         (b)   Where excavation is made in an improved area, all edges shall be cut to a straight line before a concrete slab is poured or an asphalt surface is applied. Backfilling where curb and gutter exists shall be backfilled and compacted from the back of the curb. In streets without curbs and gutters, back-filling and compaction shall be from the center of bar ditch to the center of bar ditch.
   (B)   Where excavation is in an improved area, all edges shall be cut to a straight line before the concrete slab is poured, or the asphalt surface is applied. After backfill has reached maximum compaction, material shall be removed to a depth as specified below and an area extending six inches beyond the area of excavation shall be excavated to the same depth and concrete shall be placed over the area so excavated:
      (1)   If the area is now improved as in Class One, with any type of concrete or asphalt surfacing, excavation shall be made to a depth of 6½ inches and the concrete slab shall be five inches in thickness, with 1½-inch asphalt surfacing.
      (2)   If the area is now improved as in Class One, with concrete pavement, the concrete slab shall be the same thickness and reinforced as the original pavement.
      (3)   In all other streets, where improved or surfaced with gravel, backfill shall be made in the same manner as provided for other areas, under their classification, but no concrete slab shall be required.
      (4)   If an excavation is made in any alley that is improved with any type of asphalt or concrete pavement, backfilling and replacing of surfacing shall be made in the same manner as specified for excavation made in improved streets.
      (5)   When excavation is made in any improved area, either streets or alleys, all unused excavated material shall be removed within 24 hours after backfill is completed. No excavation material that is the consistency of mud shall be used as a backfill material. All of the excavations, backfills, and repair in streets and alleys shall be in accordance with the drawings, respectively, appearing on Exhibit “A” on file in the Department of Public Works office.
      (6)   When excavation is made in an area between the curbline and the sidewalk line, excavation material may be used for backfill, material shall be thoroughly compacted and the area finished in a manner equal to that as originally existed.
(Ord. 64-3, passed 6-9-64) Penalty, see § 96.99