(A) Purpose. The purpose of this section is to preserve and maintain the streets in their intended material composition.
(B) Restriction. Any street surface consisting of brick, asphalt, or concrete, must be replaced with the original type of material. The city reserves the right to determine “original material composition,” as well as sub-surface preparation and the work must meet city standards, as determined by the Utility Superintendent, as approved by the Board of Public Works.
(C) Compliance.
(1) Any person, agency, or company wishing to make a street cut that requires backfill and/or surface repair, in the city, shall supply said city with a performance/insurance bond, in the amount of 100% of the estimated repair costs, if required.
(2) Any party who fails to comply with the established requirements shall be required to resurface the area in question, in compliance with division (A) above, at the expense of the person, agency, or company who originally performed the service, or relinquish their bond.
(D) No person shall make any excavation into, under, or across any pavements (paved or unpaved), gutters, or curbs within the public rights-of-way under the city’s jurisdiction without first obtaining a street cut permit from City Hall. Each street cut shall require a separate street cut permit.
(E) The edges of all excavations into paved or finished pavements, gutters, and curbs shall be sawed to a minimum depth of one-third the depth of the pavement, gutter, or curb. In no case will the sawed cut be allowed to be less than two inches.
(F) All excavations or cuts made into, under, across, or extending three feet from the finished edges of pavements, gutters, or curbs shall be back filled with “flowable fill,” also known as “controlled density fill.”
(G) All materials, cuts, and excavations, unless specifically stated otherwise, shall be in accordance with the current Indiana Department of Transportation (INDOT) Standard Specifications.
(H) The flowable fill shall have a compressive strength from 50 pounds per square inch (PSI) to 150 PSI.
(I) The flowable fill shall have a flow test spread diameter greater than eight inches.
(J) The test for flow shall consist of filling a three-inch diameter by six-inch high, open-ended cylinder placed on a smooth, level, nonporous surface to the top with the flowable fill. The cylinder shall be pulled straight up within five seconds. The spread of the fill shall be measured. The minimum spread shall be eight inches. This test shall be performed by the City Street and Utility Superintendent or his or her designated representative.
(K) Brick streets shall be laid by using flowable fill to set bricks and sand for crack fill. Bricks should be laid in accordance to area such was removed.
(L) When the flowable fill is being placed in Industrial Streets, Commercial Streets, Federal Aid Highways, or other streets used for non-residential uses, the flowable fill shall extend to a maximum of six inches below the finished surface of the adjacent pavement. If the final six inches of the pavement is being finished with concrete, the concrete may be placed as soon as bleeding water has subsided from the flowable fill. The concrete shall be protected from traffic for a minimum of 48 hours, unless otherwise approved by the Street Superintendent or his or her designated representative. When hot asphalt is used for restoring the final six inches, the flowable fill shall be allowed to cure for a minimum of 24 hours, unless otherwise approved by the Street Superintendent or his or her Designated Representative. The hot asphalt shall consist of five inches of HAC #5 Base and one inch of HAC #11 surface meeting current INDOT specifications. When the existing pavement depth is greater than six inches, the Street Superintendent may require that the final restoration match the existing pavement depth.
(M) When flowable fill is being placed in residential streets or alleys, the flowable fill shall extend to a minimum of four and one-half inches below the finished surface of the adjacent pavement. Placing of concrete is the same as for industrial streets above the depth may be four and one-half inches. After flowable fill has cured for 24 hours, unless otherwise approved by the Street Superintendent, hot asphalt may be placed and shall consist of three and one-half inches of HAC #5 Base and one inch of HAC #11 surface meeting current INDOT specifications. When the existing pavement depth is greater than four and one-half inches, the Street Superintendent may require that the final restoration match the existing pavement.
(N) When flowable fill is being placed in unpaved streets or alleys, the flowable fill shall extend to a minimum of six inches below the adjacent surface grade. After the flowable fill has cured for 24 hours, unless otherwise approved by the Street Superintendent, six inches of compacted aggregate #73 limestone meeting current INDOT specifications shall be placed and compacted.
(O) All gutters and curbs shall be restored as near as possible to match the existing gutters and curbs.
(P) Any driveways or landscape that have been disturbed shall be restored to match the existing driveway and landscape and/or sidewalks.
(Q) (1) Any request for waiver of the flowable fill requirement shall be made in writing and approved by the Street Superintendent. If such waiver is granted, granular backfill, meeting INDOT specifications for B borrow, #53 compacted aggregate, and #73 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.
(2) The number of tests to be taken will be determined by the Street Superintendent and is dependent upon the depth and length of the excavation being restored.
(3) The cost of these test, if any, will 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.
(R) The flowable fill mix may consist of the following materials and be proportioned within the following limits for each material per cubic yard.
Material Type | Limits (pounds per cubic inch) |
Fine aggregate | 2,010 to 3,150 |
Fly ash | 0 to 1,500 |
Portland cement | 25 to 75 |
Water | As required, approximately 500 |
(S) The producer may use water reducing admixtures and also air-entraining admixtures when used in accordance with the admixture’s manufacturer’s recommendations. The flowable fill may have an air content ranging from 0% to 25% by volume.
(T) (1) The proposed mix design shall be submitted and approved by the Street Superintendent.
(2) A trial batch demonstration and compressive strength report may be required.
(U) Before and flowable fill is placed, any pipes, structures, or other objects that might be displaced by the placement of the flowable fill shall be adequately anchored, braced, or otherwise secured. Water main breaks should be one foot of sand over the main.
(V) No flowable fill or any other fill shall be placed in the excavation until excavation and any required bracing has been inspected by the Street Superintendent of his or her designated representative.
(W) The mixture shall be delivered and discharge using ready-mix trucks approved for use by the State Department of Transportation.
(X) A copy of the “batch ticket” for the delivered flowable fill shall be required to be turned into the Street Superintendent.
(1) Flowable fill shall not be placed on frozen ground and in alleys that has limited use.
(2) Flowable fill shall be protected from freezing until the material has stiffened and bleeding water subsided. When the temperature at placement is below freezing (32ºF). The Street Superintendent may require that freezing protection extend for as long as 48 hours.
(Y) Permit Conditions.
(1) The following conditions apply to granting a permit (“this permit”).
(a) This permit is valid for 90 days from the date of approval. If work covered by this permit is not completed within this time a new permit will be required.
(b) This permit is valid only for work on the right-of-way for the city. The permitee shall obtain approval from appropriate agencies for work done outside the incorporated area of the city and secure consent by easement or other legal document from abutting property owners for work performed outside the city right-of-ways.
(c) This permit in no way relives the permitee from meeting all applicable federal, state, and local laws or other required permits.
(d) Exception and/or change order are allowed as approved by Board of Public Works and Safety.
(e) Attach to this application a non-refundable fee of $25.
(2) This permit application is approved subject to the requirements set out in this permit application and Ordinance No. 2023.
(Z) Responsibilities. The applicant shall:
(1) Install and maintain barricades, signs, lights, and the like, and all traffic controls (flagmen, and the like) in accordance with the latest edition of the Indiana Manual of Uniform Traffic Devices (IMUTCD);
(2) Indemnify and save harmless the city, its agents and employees for any and all claims for damages or actions arising out of the work performed under this permit;
(3) Keep a copy of the approved permit with each work crew while work is in progress and present it upon request any city official;
(4) Notify all law enforcement and emergency agencies (police, fire ambulance, and the like) in the event that any lane closings are required for the work that is to be performed under the permit;
(5) (a) Remove and/or relocate any facilities when required by the city for performance of construction of maintenance activities on the city right-of-way;
(b) Removal and/or relocation of facilities in the city right-of-way shall be at the sole expense of the permittee except as provided for by applicable statues;
(6) Attach to the application a map showing all drainage structures and title ditches adjacent to the right-of-way where work is to be performed under the permit;
(7) Attach to the application proof of notification of all adjacent property owners by either registered or certified mail;
(8) Attach to the application drawings or sketches showing the work to be done under the permit and its location;
(9) Contact the Street Superintendent upon completion of the project; and
(10) Complete the following:
Inspection Date of Completion __________________________ __________________________________________________ Street Commissioner Remarks by Commissioner ____________________________ __________________________________________________ |
(AA) Emergencies. If the city, or any of its departments, determines that an emergency situation exists, the requirements of this section may be temporarily waived in order to protect health, welfare, and safety of the traveling public.
(Ord. 5-2000, passed 11-14-2000; Ord. 7-2023, passed 7-25-2023) Penalty, see § 97.99