The village sub-street utility excavation and trench backfill policy is hereby established. The policy shall become effective as of January 1, 1995 and shall consist of the following provisions.
   (A)   Beginning on January 1, 1995 and thereafter, all street open cut trenches made either to existing pavements or sidewalks or in future pavement areas shall be backfilled utilizing one of two recommended methods: those being the use of controlled low strength materials (CLSM) or, alternately, the placement of thin (six-inch maximum) mechanically compacted lifts of CAS or CA10 aggregate materials as approved by the village. Water jetting of the aggregate backfill material will not be permitted. The proper backfill material shall extend not less than two feet in each direction from the edge of the pavement.
   (B)   CLSM is defined as a mixture of Portland Cement, fly ash, fine aggregate and water. The mix shall be proportioned to provide a backfill material which is self-compacting and capable of being excavated with hand tools, if necessary, at a later date. Materials and proportioning shall comply with the State Department of Transportation’s Special Provision for Controlled Low-Strength Material as adopted on January 1, 1990 and revised on March 1, 1990, as amended from time to time.
   (C)   For both the CLSM and granular backfill methods, the top 12 inches of the excavation shall be filled with soil of similar composition to that of the adjacent subgrade. The 12 inches of soil shall be compacted to at least 95% of maximum dry density. (AASHTO T99) with no more than 110% optimum moisture.
   (D)   For both the CLSM, operation limitations, measurement methods and basis of payment, if applicable, shall all be in compliance with the IDOT Special Provision for Controlled Low-Strength Material as adopted on January 1, 1990 and revised on March 1, 1990.
   (E)   When a trench is cut into an existing pavement or sidewalk, the pavement shall be replaced in kind with a total thickness two inches greater than existing to a maximum of ten inches. When restoring Portland Cement concrete pavement, the entire slab into which the trench was cut shall be removed and replaced. If the surface is either asphalt or oil and chip, a six-inch thickness Portland Cement concrete base shall be installed and two inches of bituminous concrete surface course shall be placed over the base. Replacement pavement shall be installed no less than a distance of two feet in each direction beyond the edge of the excavation trench.
   (F)   All utility structures (i.e., shut-off valves, vault boxes, lids, poles, lines, markers and the like) that pose a threat to public safety shall be replaced when directed by the Village Administrator or Water/Sewer Superintendent. Failure to make the repairs within the approved time frame will result in a penalty of $75 per day.
   (G)   Any pavement failures which may occur outside of the original restored or repaired pavement or right-of-way area resulting from the utility activity will be repaired by the responsible contractor or utility company.
   (H)   Any person, firm, corporation or entity which plans to install any underground utilities within a present or proposed street or sidewalk right-of-way area is required to notify the village administration office a minimum of 24 hours prior to beginning work. The notification shall include the exact location and nature of the work to be performed. In emergency situations, the village shall be notified immediately upon the responsible party’s decision that excavation is required. Roadway or sidewalk area repairs or restoration made without proper notification may require re-excavation and replacement with approved backfill.
   (I)   Variance from any of the utility excavation policy provisions stated above may be granted, on a case by case evaluation basis, by the Village Administrator or the Village Engineer.
      (1)   All variances granted shall be specifically outlined in writing and include a justification for the variance.
      (2)   Factors to be considered in rendering a variance decision may include but not be limited to:
         (a)   Specific trench width and/or depth;
         (b)   Actual size of pavement slabs affected;
         (c)   Utility size;
         (d)   Conditions of surrounding soil and/or pavement;
         (e)   Extent of variance requested;
         (f)   Environmental circumstances at work site; and
         (g)   Extent of possible future public damage.
   (J)   Any questions, concerns or disputes regarding interpretation or administration of this section may be referred by an affected party to the Board of Trustees who, by majority vote, shall have final authority in resolving the matters.
(Ord. 94-7-1, passed 7-26-1994) Penalty, see § 91.99