§ 96.075  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. Excavations 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 the Town Superintendent.
   (C)   When soil conditions permit and there are no conflicting utilities; gas, water, telephone, electric and cable TV service lines shall be installed through a jacking or boring process. Sewer service lines may 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 backfilling of any cuts in streets or street right-of-way, the utility contractor shall request an inspection by the Town Superintendent.
   (E)   All backfill material 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 backfill 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 backfill when directed by the Superintendent.
   (G)   In the event a dispute arises as to the suitability of trench compaction, a Standard Proctor Test 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 backfill. If the test fails to support the opinion of the Superintendent, the town will pay the cost of the test.
   (H)   Prior to completing the backfilling 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. Backfill shall be brought up flush with the sub-base of the street or sidewalk.
   (I)   All materials shall meet the specifications of INDOT.
   (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 re-paved 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 overlayed 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 Superintendent. 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. Bona fide emergency utility repairs may be made as required. Such five-year prohibition shall not apply to any street wherein the town 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 Superintendent.
   (M)   No cuts will be permitted to be opened if, in the opinion of the Town Superintendent, the cut cannot be backfilled and resurfacing restored within a reasonable amount of time, or if traffic flows cannot be maintained. Exceptions will be made for emergencies with due notice to the Town Superintendent.
   (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. 2011-779, passed 11-29-2011)