(A) The operation of digging into, excavating in, or in any manner changing the surface of any sidewalk, street, alley or other public place within the corporate limits of the town, and the refilling and resurfacing of any such excavation shall be done under the supervision of the Building Commissioner or the head of the Street Department of the town, or such other officer, employee or agent designated by the Town Council for the town.
(B) All excavations in streets shall be repaired according to the type of the existing surface as follows:
(1) Existing asphalt surface (See Diagram A and B, attached to Ord. 2002-017, passed 11-11-02):
(a) Excavation shall be filled with thoroughly compacted sand to a depth not less than ten inches below finished grade compacted in six inch layer maximum;
(b) Portland cement concrete (3,000 p.s.i. minimum) shall be deposited on top of the sand fill to within one inch below finished grade;
(c) After Portland cement concrete has cured for a minimum period of four days, asphalt primer RC-3 shall be applied at a rate of 0.5 gallons per square yard;
(d) A one inch course of hot asphalt concrete, type B, thoroughly compacted and rolled. In the event the weather is unsuitable for properly applying hot asphalt concrete for repairing the surface, a temporary patch may be applied consisting of asphalt coated aggregate (cold patch), provided when suitable paving weather occurs, the temporary patching materials shall be removed and replaced with hot asphalt concrete as specified above.
(2) Existing concrete surface (See Diagram C and D, attached to Ord. 2002-017, passed 11-11-02):
(a) Excavation shall be filled with thoroughly compacted sand to a depth not less than eight inches below finished grade compacted in six inch layers maximum, concrete patch thickness shall match existing concrete pavement thickness;
(b) Portland cement concrete (3,000 p.s.i. minimum) shall be placed in the remaining cavity and troweled with a wooden float to finish grade.
(3) Existing aggregate surface (See Diagram E, attached to Ord. 2002-017, passed 11-11-02):
(a) Excavation shall be filled with sand up to a depth not less than eight inches below finished grade compacted in six inch layers maximum;
(b) The remaining depth shall be filled with crushed stone of the size required by the head of Street Department of the town.
(4) Existing earth surface (See Diagram F, attached to Ord. 2002-017, passed 11-11-02):
(a) Excavation shall be filled with earth and earth mounded above the excavation to a height above finished grade amounting to ten percent of the depth of the excavation. After settling has occurred, earth shall be added or removed to level the fill with finished grade and the surface restored to the same condition as existed before excavation was made.
(C) Exploratory drill holes shall be filled in the same manner as trench or pit excavations except when the holes are made in an existing earth surface it shall be refilled with sand except the upper six inches of fill material shall be earth.
(D) Excavation under sidewalks shall be refilled with fully compacted sand to a level four inches below finished grade of sidewalk in pedestrian traveled areas and six inches below finished grade of sidewalk in driveway areas. The sidewalk shall be replaced to the same width as that removed and to a depth of four or six inches respectively in pedestrian and driveway areas. Sidewalk material shall be portland cement concrete, air entraining type, 3,000 p.s.i., strength, finished with a wooden foot and steel edging tool and scored to match adjacent sidewalk scoring.
(E) All cuts made in the driving area of a street or alley shall be covered with steel plates, anchored safely to the paved surface, until the cut is ready for traffic. Cold-patch type asphalt concrete shall be place all around the plate to lessen any possible damage to vehicles crossing the area. No more than ten calendar days shall elapse between the date the hole is first cut in the street right-of-way and the date on which the repair is complete and the patch is paved to finish grade and open to traffic.
(F) Should the place or places where the excavation and repairs are refilled or replaced under the provisions of this chapter, fail within the life of the street pavement or before the street is repaved by the town, the permitee shall, at his or her own expense, within ten days after receipt of written notice from the Building Commissioner, refill and resurface same. If the permitee fails to refill or resurface after receipt of ten days written notice, the town shall make the necessary repairs and render a statement of charges to the permitee due and payable within 30 days after the receipt of the statement.
(G) Any utility company, contractor or individual causing a total of five or more holes, a maximum of three feet by three feet, or a trench or trenches totaling 30 feet in length, to be made an average 300 foot long town block during one 12 month period, shall be required to resurface the entire width of the street or alley for the full town block within the current paving season with a one inch compacted thickness of surface type hot asphalt concrete. The existing paved surface shall be tack coated before paving.
(H) If any utility company, contractor or individual causes a total of 25 square feet or replacement asphalt to be installed or paved within any town block during any continuous 12 month period, the utility company, contractor or individual shall be required to resurface the entire width of the street, highway, alley or other paved surface for the full town block within the current paving season within a minimum of one inch compacted thickness of surface type hot asphalt mix. The existing paved surface shall be tack coated before paving. For purposes of this chapter, a town block shall be deemed to be any continuous 300 foot stretch of street, highway, alley or other paved surface within the town, in excess of 300 feet by reason of violation of this chapter, unless other violation hereof shall be committed in contiguous or continuing areas of the same street, highway, alley or other paved surface.
(I) If any utility company, contractor, individual or entity, whether or not acting as an agent or employee of the town, causes an excavation in a paved roadway in the town to be dug, shall be required to repair the roadway pursuant to the cross section depicted in Diagram A, attached to Ord. 2002-017, passed 11-11-02. However, should the excavation consist of more than 100 feet in length (such as a trench) the excavation shall be repaired pursuant to the cross section depicted in Diagram B, attached to Ord. 2002-017, passed 11-11-02. The repairs as specified herein shall be completed as soon as practical within the current paving season.
(Ord. 2002-017, passed 11-11-02)