§ 94.15 RESTORATION.
   (A)   Restoration required. Any boring, excavation. or cut, made pursuant to the terms of this subchapter shall be restored. Temporary restoration shall occur immediately upon completion of the work that required the boring, excavation or cut. Permanent restoration shall be completed by the applicant or, if agreed to in writing with the city, shall be completed by the city.
   (B)   Resurfacing. The applicant shall resurface the full width of any street lane and replace pavement markings in the public right-of-way where there has been an excavation or cut. If the city has scheduled a resurfacing project which includes the applicant’s permitted area, the applicant and the city may contractually agree for the applicant to pay a proportionate share of the city’s costs of resurfacing rather than requiring the applicant to resurface the area.
   (C)   Temporary restoration.
      (1)   If any person makes an excavation during the day, he or she must fill the trench with acceptable fill material immediately after the improvement has been laid and inspected. This will eliminate the hazards involved with having an open trench for a long period of time.
      (2)   The person responsible for improved street and alley excavations shall be responsible for excess fill dirt, dust or any foreign matter caused by such excavation. The person that has made an excavation shall control such items by whatever means that are necessary in order to preserve the health, safety and peace of the citizens of the city.
      (3)   Inspections shall be made by the city of any temporary restoration. If the temporary restoration does not meet the standards of this subchapter, then the permit holder shall be required to correct the situation within 48 hours. If it becomes necessary for any city employee to answer a call concerning any excavation between the hours of 5:00 p.m. and 8:00 a.m., the person responsible for such excavation shall pay to the city the sum of $50 per call.
      (4)   In order to minimize the damage done to streets and/or alleys, no excavations will be made in any improved street or alley during inclement weather. The City Public Works Supervisor or his or her representative shall determine when any excavation is permissible.
      (5)   Materials removed while cutting and digging the excavation site to make repairs may not be used to refill any area that is part of the asphalted street or part of a concrete driving lane or driveway and shall be removed from the excavation site the same day the excavation is made and disposed of in a proper manner. In making an excavation, the flowline of any ditch at the site may not be impeded. Dirt must be replaced and landscaped back to the original flowline and condition and any private property affected must be repaired and landscaped to its condition prior to the excavation.
      (6)   Where such improved streets or alleys are cut, the dirt shall be hauled away and the trench shall be backfilled with Bab or SB-2 crushed stone, preferably Bab. The fill material shall be saturated so as to obtain maximum settlement instantaneously. The trench shall be filled to the top with the fill material. After the fill material has been watered down and settled, the person making the excavation shall call the Public Works Supervisor or his or her representative for an inspection of the trench. If the trench is approved by the Public Works Supervisor or his or her representative, the person who made the excavation will be instructed to proceed with the repairs of the improved street or alley in accordance with the provisions of this subchapter.
      (7)   The top six inches of backfill material shall be compacted to the satisfaction of the City Public Works Supervisor.
      (8)   Excavations must be back-filled by the utility company with a select material, to wit: sand up to the tope of the pipe, no higher, compacted with SB-2, Babs, or flowable fill from the top of the pipe to street elevation in six-inch lifts.
      (9)   The surface course shall consist of a two inch application of cold mix asphalt for asphalt streets, concrete streets or streets with single or double penetration surface treatments. For gravel streets and alleys, the top six inches of backfill material shall meet Class 7 of the most current Arkansas State Highway Commission Standard Specifications, and shall be compacted to conform to the surrounding surface.
      (10)   The applicant is permitted to use any or all of the following as backfill material:
         (a)   Crushed rock and natural fines uniformly mixed and so proportioned as to meet the specifications for Class 7 as reflected in the most recent edition of the Arkansas State Highway Commission Standard Specifications.
         (b)   Crushed rock, or other selected material approved by the City Public Works Supervisor or his or her designee, that is free of debris and excess moisture.
         (c)   Compacted river sand or lean mix concrete if the use of this material has been previously approved by the City Public Works Supervisor.
      (11)   The applicant is wholly responsible for making temporary restorations consistent with the standards set forth in this subchapter. Any temporary restoration must be of sufficient quality, as determined by the City Public Works Supervisor, to bring the city street, alley, or public property, back to its original usefulness and must be capable of supporting normal traffic use for a period of 30 days.
      (12)   Any temporary restoration shall be replaced by the applicant with the appropriate permanent restoration within 35 days of the date of issuance of permit. Any temporary restorations remaining after that time shall be repaired by the city and the cost of such repair shall be paid by the permit holder or shall be claimed from the surety bond required pursuant to this subchapter. The City Public Works Supervisor shall grant an extension of the 35 days if a delay is caused by inclement weather. In such case, the applicant will be responsible for temporary repairs until permanent restoration is in place.
   (D)   Permanent restoration.
      (1)   Unless otherwise agreed to in writing by the City Public Works Supervisor and the applicant, the applicant shall make all permanent restorations of any street or alley pavement in which there has been a boring, excavation, or cut made pursuant to this subchapter.
      (2)   Permanent restoration of city streets shall be as follows:
         (a)   Except as set forth in this division, all backfill and compaction requirements shall comply with division (C) concerning temporary restorations, and backfill material shall be removed to a depth of eight inches. Further:
            1.   If the street is concrete, eight inches of 3,000 pound per square inch P.C. concrete, meeting the specifications of the Arkansas Highway Department, shall be placed to provide the final restored surface. The width of replaced concrete shall be at least 12 inches wider than the trench width so as to allow at least six inches overlap of slab over trench walls. The replaced concrete shall be reinforced with double layer six inches by six inches, ten-gauge wire mesh or 3/8-inch round reinforced rods spaced on ten-inch centers both ways. The thickness of the concrete shall match the existing thickness and in no instance shall be less than eight inches thick. The finished concrete shall conform to proper grade and alignment.
            2.   If the street is asphalt, eight inches of 3,000 psi P.C. concrete, meeting the specifications of the Arkansas Highway Department, shall be placed to provide the final restored surface or the City Public Works Supervisor may authorize filing of the top six inches of the trench with a material other than concrete (such as SB2). After such material has been compacted in a manner acceptable to the City Public Works Supervisor, two inches of compacted hot mix or cold asphalt shall be placed on the fill material so as to conform to the proper grade and alignment. The width of replaced asphalt shall be at least 12 inches wider than the trench width so as to allow at least six inches overlap of slab over trench walls.
            3.   In cases where the excavation is made in, and approximately parallel with, an improved street or alley, the city engineer may authorize filling of the top six inches of the trench with a material other than concrete (such as SB2). After such material has been compacted in a manner acceptable to the City Public Works Supervisor, two inches of compacted hot mix or cold asphalt shall be placed on the fill material so as to conform to the proper grade and alignment.
         (b)   If the surface is gravel, gravel shall be added as required and compacted to conform with the surrounding surface.
   (E)   Notice. Applicants authorized, or required, to make permanent restorations pursuant to this subchapter shall notify the City Public Works Supervisor by 9:00 a.m. on the first business day after the completion of the permanent restoration for each permit.
   (F)   Sidewalks, driveways or curbs. All removed or undercut sidewalks, driveways and curbs shall be restored by the permit holder in accordance with this subchapter and any other applicable ordinance. The applicant shall be responsible for protecting any shoulders, ditches, and other drainage structures in the work area and, if damaged in any way whatsoever during the time of the permit, shall make all necessary repairs.
   (G)   Grasses and vegetation. To the extent possible, the applicant shall restore or replace all planted grasses and vegetation, including trees of the same height and character. The City Public Works Supervisor shall permit modifications to this aspect of the restoration plan in appropriate cases. Notification of completion shall be in compliance with the standards established by the City Public Works Supervisor.
   (H)   Excess material or debris. When any temporary or final restoration is completed, all excess material, debris, mud, or other foreign materials shall be removed from the street, alley, or other public property involved in the permit, and the surface shall, to the satisfaction of the City Public Works Supervisor, be restored to its original condition.
   (I)   Agreements for final restoration not prohibited. Nothing in this subchapter shall prohibit the city from entering into written agreements with any permit holder concerning the final restorations, provided that the terms of any such agreements shall comply with the requirements of this subchapter or shall be determined by the City Public Works Supervisor to utilize new procedures that comply with the purposes of this subchapter, and, provided further, that the city shall receive a reasonable inspection fee for the final inspection of any work done pursuant to such an agreement.
   (J)   Notification. Notification of completion shall be in compliance with the standards established by the City Public Works Supervisor.
(Ord. 461, passed 1-21-14)