Chapter 12.10
STREET AND ALLEY CUTTING

Sections:

12.10.010    Permit required.

12.10.020    Bond required.

12.10.030    Repairs of streets and alleys.

12.10.040    Violations.

12.10.010 Permit required.

A. It shall be unlawful for any person, business concern, or corporation to cut or trench any street or alley within the confines of the corporate limits of the town of Whitestown, Boone County, Indiana, without first obtaining a permit for such act and posting a bond for compliance with the further requirements of this chapter.

B. A permit for such cutting and/or trenching shall be obtained prior to construction at the office of the clerk-treasurer of the town of Whitestown at a cost of $5.00 which fee shall be deposited in the general fund of the town. [Ord. 1987-03A §§ 1, 2; Ord. 1984-05 § 10. Prior code Title 6, Art. 1, Ch. 1, §§ 4, 5]

12.10.020 Bond required.

At the time of application for the permit required at WMC 12.10.010, the applicant shall post with the clerk-treasurer of the town security in the form of cash or a written undertaking with sureties satisfactory to said clerk-treasurer in the sum of $400.00 to insure replacement of the cut street or alley as hereinafter specified. [Ord. 1987-03A § 3]

12.10.030 Repairs of streets and alleys.

A. Any street cut or trenched under the permit and provisions of this chapter shall be promptly repaired by a backfill of sand to within eight inches of original level, covered with six inches of concrete and two inches of hot asphaltic surface, all to the satisfaction of the street superintendent of the town. Any bond posted under this chapter for such compliance shall not be released until the clerk-treasurer is informed of the street superintendent’s approval of repairs.

B. Any alley cut or trenched under the permit and provisions of this chapter shall be promptly repaired by a backfill of sand to a level of the bottom of original surface, and original surfaces restored to as near the condition prior to construction as possible. [Ord. 1987-03A §§ 4, 5]

12.10.040 Violations.

A. Violation of this chapter shall occur when any street or alley within the corporate limits of the town of Whitestown, Indiana, is cut or trenched without full compliance with the requirements of this chapter.

B. Violation hereof shall constitute a misdemeanor and each day such violation is allowed to continue shall constitute a separate offense punishable upon conviction by a fine of not less than $10.00 for each such offense to which costs of prosecution shall be added. [Ord. 1987-03A §§ 6, 7; Ord. 1984-05 § 10. Prior code Title 6, Art. 1, Ch. 1, § 6]