(A) 
Prohibited. No person shall make any excavation into, under or across any pavements (paved or unpaved), gutters or curbs within the city or state public rights-of-way or disconnect water and/or sewer service without first obtaining a street cut permit from the office of the City Engineer.
(B) 
Permit Fees.
(1) 
Excavation of Public Street or Right-of- Way. A street cut permit fee of $100.00 is established for administration and inspection to excavate in a public street or right-of-way for the purpose of connecting or disconnecting from water, sanitary sewer, storm sewer, or other public or private utilities located within city public right-of-way, or for constructing, removing or making alterations to pavement, curbs, gutters, drive approaches, or other improvements located within city public right-of-way.
(2) 
Excavation of Sidewalk. No street cut permit or permit fee is required to remove existing sidewalk and install new sidewalk if the new sidewalk is replaced in the same location and to the same grade as the old sidewalk. When new sidewalk is planned to be installed where no sidewalk exists, the owner/applicant shall submit a plan to the office of the City Engineer and said office will determine if a street cut permit and permit fee are required. If minor excavation is involved to install the new sidewalk, the office of the City Engineer may determine that no street cut permit and no permit fee are required. Minor excavations are generally defined as excavations less than 18 inches in depth from existing finish grade. When excavation over 18 inches is required to install the new sidewalk, the office of the City Engineer may determine that a street cut permit and permit fee are required.
(C) 
Escrow Deposit. In addition to the street cut permit application fee, an escrow deposit is established. The full deposit is refundable upon satisfactory completion of work. Partial refunds may be granted where determined by the City Engineer and Street Commissioner to be partially complete and extenuating circumstances prevent completion of the work. If the City Engineer and Street Commissioner determine that work cannot be completed within one year of permit date, the Board of Public Works and Safety may authorize an extension. Unless extended by the Board of Public Works and Safety, upon one year of permit date, the deposit shall be refunded and/or forfeited.
(1) 
Two thousand dollars deposit to excavate in a public street or right-of-way for the purposes of connecting to or disconnecting from water, sanitary sewer, storm sewer, or other public or private utilities located within city public right-of-way, or for constructing, removing, or making alterations to pavement, curbs, gutters, drive approaches, or other improvements located within city public right-of-way.
(2) 
Four thousand dollars deposit to excavate in a public street or right-of-way for the purposes of connecting to or disconnecting from water, sanitary sewer, or storm sewer or other improvements located within a state public right-of-way.
(3) 
Five hundred dollars deposit to perform excavating or other work within city public right-of-way when the office of the City Engineer determines that the proposed work generally consists of minor excavations. Minor excavations are generally defined as excavations less than 18 inches in depth from existing finish grade.
(4) 
No deposit is required to remove existing sidewalk and install new sidewalk if the new sidewalk is replaced in the same location and to the same grade as the previous sidewalk.
(D) 
Bonds. Upon request, the city may accept a bond in lieu of an escrow deposit in addition to the street cut permit application fee. Each permit application requesting a bond shall be submitted to the City Engineer with construction plans and specifications. Upon review and approval of the City Engineer, said request shall then be submitted to the Board of Public Works and Safety for acceptance. Upon recommendation by the City Engineer, an applicant may be approved by the Board to submit bonds for future projects without further action by the Board.
(Ord. 1600-2018 § 1; Ord. 1483-2014; Ord. 1296-2008; Ord. 1256-2007; Ord. 985-99, 1999; Code 2000 § 96.20)
(A) 
Excavations.
(1) 
The edges of all excavations into paved or finished pavements, gutter and curbs shall be sawed to a minimum depth of one-third the depth of the pavement, gutter or curb. In no case will the sawed curb be allowed to be less than two inches.
(2) 
All excavations made into, under, across or within two feet of the finished edges of pavements (paved or unpaved), gutters or curbs shall be backfilled with flowable fill, also known as "controlled density fill."
(Ord. 985-99, 1999; Code 2000 § 96.21)
(A) 
All materials, unless specifically stated otherwise, shall be in accordance with the current Indiana Department of Transportation (INDOT) standard specifications.
(B) 
Granular backfill, meeting INDOT specifications for B borrow, #53 compacted aggregate, and #73 compacted aggregate, may be used when placed in eight-inch lifts and compacted to 95 percent of the materials' maximum dry density, as determined by accepted AASHTO (American Association of State Highway and Transportation Officials) standards and procedures, and confirmed by test results from an INDOT certified laboratory. The number of tests to be taken will be determined by the City Engineer and is dependent upon the depth and length of the excavation being restored.
(C) 
Flowable Fill Specifications.
(1) 
The flowable fill shall have a compressive strength from 50 pounds per square inch (psi) to 150 psi.
(2) 
The flowable fill shall have a flow test spread diameter greater than eight inches.
(a) 
The test for flow shall consist of filling a three-inch diameter by six-inch-high open-ended cylinder placed on a smooth, level, nonporous surface to the top with the flowable fill. The cylinder shall be pulled straight up within five seconds. The spread of the fill shall be measured. The minimum spread shall be eight inches.
(b) 
This test may be performed by the City Engineer at the site prior to placement of the flowable fill.
(3) 
Flowable Fill Mix Specifications.
(a) 
The flowable fill mix shall consist of the following materials and be proportioned within the following limits for each material per cubic yard:
Portland Cement
25 – 75 pounds per cubic yard
Fly Ash
0 – 1,500 pounds per cubic yard
Fine Aggregate
2,010 – 3,150 pounds per cubic yard
Water
as required, approximately 500 pounds per cubic yard
(b) 
The producer may use water reducing admixtures and also air-entraining admixtures when used in accordance with the admixtures' manufacturer's recommendations. The flowable fill may have an air content ranging from zero to 25 percent by volume.
(c) 
The proposed mix design shall be submitted and approved by the Street Superintendent. A trial batch demonstration and compressive strength report may be required before any flowable fill is placed.
(d) 
The mixture shall be delivered and discharged using ready-mix trucks approved for use by the Indiana Department of Transportation.
(D) 
Bracing.
(1) 
Any pipes, structures or other objects that might be displaced by the placement of the flowable fill shall be adequately anchored, braced or otherwise secured.
(2) 
No flowable fill shall be placed until the excavation and any required bracing has been inspected by the Street Superintendent or his or her designated representative.
(E) 
Protection from Freezing.
(1) 
Flowable fill shall not be placed on frozen ground.
(2) 
Flowable fill shall be protected from freezing until the material has stiffened and bleeding water subsided. When the temperature at placement is below freezing (32 degrees Fahrenheit), the Street Superintendent may require that freezing protection extend for as long as 48 hours.
(F) 
Nonresidential Placement.
(1) 
When flowable fill is being placed in industrial streets, commercial streets, federal aid highway streets or other streets used for nonresidential uses, the flowable fill shall extend to a minimum of six inches below the finished surface of the adjacent pavement.
(2) 
If the final six inches of the pavement are being finished with concrete, the concrete may be placed as soon as bleeding water has subsided from the flowable fill. The concrete shall meet all current INDOT specifications for Class C concrete (high early strength concrete). The concrete shall be protected from traffic for a minimum of 48 hours.
(3) 
When hot asphalt is used for restoring the final six inches, the flowable fill shall be allowed to cure for a minimum of 24 hours, unless otherwise approved by the Street Superintendent. The hot asphalt shall consist of five inches of HAC #5 base and one inch of HAC #11 surface meeting current INDOT specifications.
(4) 
When the existing pavement depth is greater than six inches, the Street Superintendent may require that the final restoration match the existing pavement depth.
(G) 
Residential Placement.
(1) 
When flowable fill is being placed in residential streets or alleys, the flowable fill shall extend to a minimum of four and one-half inches below the finished surface of the adjacent pavement.
(2) 
Placing of concrete is the same as for industrial streets in subsection (F)(2) of this section, but the depth may be four and one-half inches.
(3) 
After the flowable fill has cured for 24 hours, unless otherwise approved by the Street Superintendent, hot asphalt may be placed and shall consist of three and one-half inches of HAC #5 base and one inch of HAC #11 surface meeting current INDOT specifications.
(4) 
When the existing pavement depth is greater than four and one-half inches, the Street Superintendent may require that the final restoration match the existing pavement.
(H) 
Unpaved Street or Alley Placement.
(1) 
When flowable fill is being placed on unpaved streets or alleys, the flowable fill shall extend to a minimum of six inches below the adjacent surface grade.
(2) 
After the flowable fill has cured for 24 hours, unless otherwise approved by the Street Superintendent, six inches of compacted aggregate #73 limestone, meeting current INDOT specifications, shall be placed and compacted.
(I) 
All gutters and curbs shall be restored as near as possible to match the existing gutters and curbs.
(J) 
Any driveways that have been disturbed shall be restored to match the existing driveway.
(K) 
If the city or any of its departments determines that an emergency situation exists, the requirements of this section may be temporarily waived in order to protect the health, welfare and safety of the traveling public.
(L) 
The following penalties are in addition to and supplemental to any fee assessments, restoration costs or other remedies the Street Department or city may have: $2,500 maximum fine.
(Ord. 985-99, 1999; Code 2000 § 96.22)
[1]
Statutory reference: Authorizing cities to control and regulate excavations in streets, see IC 36-7-2-6.
Any person digging an excavation of any kind within or along any public street, alley or public square of the city shall at all times during the progress of such work keep the same guarded and barricaded, and adequately lighted with warning lamps at night, so as to notify all persons of any existing danger and to prevent any damage or injury from occurring therefrom.
(Code 2000 § 96.23; Code 1981 § 12.08.020)
[1]
Penalty: See Chapter 1.15 AMC.
Any person digging any excavation of any kind shall not remove, disconnect or in any manner obstruct any tile drain or sewer already constructed unless necessary to do so, in which event the tile drain or sewer shall be restored to its former condition and state of usefulness.
(Code 2000 § 96.24; Code 1981 § 12.08.030)
[1]
Penalty: See Chapter 1.15 AMC.
(A) 
It is unlawful for any truck, equipment, machinery or other vehicle to enter upon any street or public way within the city and leave or deposit, or cause to be left or deposited, upon such street or public way any soil, dirt, mud or other debris.
(B) 
Any person who operates any truck, equipment, machinery or other vehicle in violation of subsection (A) of this section is guilty of an offense, and upon conviction shall be fined as provided in Chapter 1.15 AMC.
(Code 2000 § 96.25; Code 1981 § 12.08.040)