§ 91.051 BACKFILLING.
   (A)   Fine material, free from lumps and stone, selected from the soil shall be thoroughly compacted around and under the substructure to the upper level of the substructure. Above the upper level of the substructure, backfill material shall be placed to the subgrade of the pavement in lifts consistent with the type of soil involved and the degree of consolidation specified by the Village Board. Broken pavement, large stones, roots and other debris shall not be used in the backfill.
   (B)   (1)   The number and size of each lift shall be dependent upon the type of soil involved. The backfill shall be done in a manner that will permit the restoration of the surface to a density condition not less than that existing prior to excavation unless otherwise specified.
      (2)   The Street Superintendent may require soil tests to be furnished by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics when, in his or her opinion, backfill for any excavation is not being adequately compacted. In order for the resurfacing to be permitted, the tests must show that the backfill material meets the minimum requirements as prescribed by the Village Board.
      (3)   All expense of the tests shall be borne by the permittee.
(`92 Code, § 33-4-22)