§ 93.40 EXCAVATION, BACKFILLING AND RESTORATION OF SERVICE.
   (A)   The width of a trench cut shall be kept to the minimum width necessary to install and properly tamp around the pipe or any new installation. If rock or adverse soil conditions are encountered and shoring is required, then the trench cut shall be of sufficient additional width to provide for the protection of the workers and proper installation of the pipe or other structure. Excavation shall comply with applicable Department of Labor Safety and Health Standards for Excavations.
   (B)   All drain, water, sewer or gas pipes shall be installed in any street, sidewalk or easements of the town and/or INDOT so that the pipe will be buried for a depth of not less than three feet. Exceptions may be made where required by unusual conditions on a case by case basis by a Town Engineering Inspector.
   (C)   When soil conditions permit and there are no conflicting utilities, gas, water, telephone, electric and cable television service lines shall be installed through a jacking or boring process. In the event the jacking procedure is attempted and unsuccessful, then the pipe may be installed using an open cut procedure.
   (D)   Before back-filling of any cuts in streets or street rights-of-way, the utility contractor shall request an inspection by Engineering Division or other appropriate department of the town.
   (E)   All back-fill materials will be free from cinders, ashes, refuse, vegetable or organic matter, boulders, rocks or stones, wet material or other materials which renders same unsuitable to obtain a firm and compact cover for the installed pipe.
   (F)   The back-fill shall be placed in layers not to exceed six inches and each layer shall be thoroughly compacted to not less than 95% of the maximum dry density as defined by a Standard Proctor Test. Flowable fill will be substituted for compacted back-fill when directed by town inspectors.
   (G)   In the event a dispute arises as to the suitability of trench compaction, a Standard Proctor Test (ASTM D698) shall be conducted by an independent soil testing firm. In the event the test reveals that the same has not been made in accordance with this subchapter, then the cost shall be borne by the person, firm or corporation doing the back-fill. If the test fails to support the opinion of the inspector, the town will pay the cost of the test.
   (H)   Prior to completing the back-filling operation in all streets in the town, pavement shall be cut 12 inches on each side of the trench and a depth of 12 inches. If the cut is to be repaired by the town, then a temporary patch of either six inches of compacted crusher run stone or a combination of three inches of crusher run stone and three inches of compacted cold mix may be used. Back-fill be brought up flush with the sub-base of the street or sidewalk.
   (I)   All materials shall meet the specifications of the current edition of INDOT’s Standard Specification for Highway Construction, or the latest revision thereto.
   (J)   Where the existing pavement sub-base is soil, soil cement or crushed stone, the base for the permanent pavement repair in all streets shall consist of a minimum of ten inches of concrete. Where the existing pavement base is concrete, the permanent pavement repair shall consist of a minimum of ten inches of concrete. If the existing pavement surface is asphalt or tar and gravel, then the permanent pavement repair shall consist of two inches of asphalt, otherwise the surface shall be repaved with concrete. Where sidewalks are cut, the entire section shall be removed and replaced from the nearest joints and curb.
   (K)   The entire surface of asphalt roadways will be overlaid on all longitudinal cuts. Where numerous random utility cuts are made, the street or lane shall be resurfaced for its entire width, if so determined by the Town Engineer. Work shall be completed by a town-approved paving contractor.
   (L)   No new or resurfaced street or road shall be cut within five years from its completion except for new services. Bonafide emergency utility repairs may be made as required. Such five-year prohibition shall not apply to any street wherein the city has not given the affected utilities a minimum of six months written notice that such street will be resurfaced by the town. Exceptions must be approved by the Town President.
   (M)   No cuts will be permitted to be opened if, in the opinion of the Director of Public Works, the cut cannot be back-filled and resurfacing restored within a reasonable amount of time, or if traffic flows cannot be maintained. Exceptions will be made for emergencies as defined herein with due notice to the Traffic Engineer.
   (N)   If any settlement occurs, the town may take such corrective action as it deems appropriate and charge the permittee for such costs, including the restoration of such excavation, or give notice to the permittee to restore such excavation or pavement within ten days of such receipt of notice or be in violation of this subchapter.
(Ord. 2020-2-1, passed 2-4-2020) Penalty, see § 10.99