Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton (Sec. 10-1 of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Land use and development — See Ch. 165.
Street excavations and openings — See Ch. 270, Arts. IV and V.
Water — See Ch. 330.

§ 247-1 Establishment.

A sewer utility is hereby established in and for the Borough of Wharton, which sewer utility shall be under the control of the Borough Council of the Borough of Wharton, in the County of Morris. The name by which it shall be known shall be the "Wharton Borough Sewer Utility."

§ 247-2 Future revenue and disbursements.

All future revenue and accounting therefor from said Sewer Utility shall be on a dedicated utility basis in conformity with N.J.S.A. 40A:4-35. All moneys derived from the operation of said Sewer Utility and any other moneys applicable to its support shall be segregated and kept in a separate fund, which shall be known as the "Sewer Utility Fund," and all disbursements for the operation and maintenance of said Sewer Utility shall be taken from said Sewer Utility Fund.

§ 247-3 Dedicated budget.

The dedicated budget of this Sewer Utility shall include appropriations for operating expenses, capital improvements, debt services and for the payment of all sanitary sewer bonds, principal and interest and all other deferred charges and statutory expenses as may be required.

§ 247-4 Adoption of rules and regulations by reference.

[Amended 5-4-2009 by Ord. No. O-04-09]
The Mayor and Council of the Borough of Wharton, in the County of Morris, State of New Jersey, as the governing body thereof, does hereby determine that there exists a need and a requirement to provide an efficient means for the enforcement of rules and regulations regulating the making of connection to, and regulating the discharge into the primary sewer system operated by the Rockaway Valley Regional Sewerage Authority. The Rockaway Valley Regional Sewerage Authority Service Rules are enforceable in the Borough of Wharton. A copy of said rules is on file in the office of the Borough Clerk.

§ 247-5 Sewer service rate schedule.

[Amended 5-4-2009 by Ord. No. O-04-09; 9-28-2009 by Ord. No. O-15-09]
A. 
The annual rate is set at $304 per single unit. The annual service charge is calculated on an equivalent dwelling unit (EDU) basis except where the actual sewer gallonage allocation is known or in the case of negotiated rates. The sewer rate shall be payable in quarterly installments as set forth in Subsection B.
[Amended 12-28-2015 by Ord. No. O-25-15; 12-27-2016 by Ord. No. O-24-16]
(1) 
Where the actual allocated gallonage is known, the annual service charge for establishments or properties shall be established by dividing the total number of gallons per day allocated by the two-hundred-twenty-five-gallons-per-day usage rate assigned to a single unit to obtain the applicable EDU. The number of EDUs then will be multiplied by the annual fee for a single unit.
(2) 
All existing negotiated rates shall be modified to reflect the change in the annual sewer rate.
(3) 
For all others, the rate is to be calculated as set forth in the existing schedule in this section entitled "Sewer Service Billing Rate Schedule Equivalent Dwelling Units."
Sewer Service Billing Rate Schedule
Equivalent Dwelling Units
Type of Establishment
Measurement Unit
Equivalent Dwelling Units (EDU)
All resident dwelling units
Dwelling unit
1 EDU per dwelling unit
Hotels, lodging houses, tourist homes, motels and tourist cabins
Bedroom
1 EDU for 3 or fewer bedrooms and one additional EDU for every 3 or fewer bedrooms
Parked mobile trailer site
Site
1 EDU for the first trailer site and 0.9 EDUs for each additional trailer
Children's camps
Bed
1 EDU for 5 or fewer campers and 0.2 EDUs for each additional camper
Day camps
Person
1 EDU for every 25 or fewer campers and one additional EDU for every 25 or fewer additional campers
Restaurants:
Full-service restaurants
Seat
1 EDU for 6 or fewer seats and 0.1 EDU for each additional seat
Bar, cocktail lounges, dinner theaters, cafeterias and fast-food restaurants
Seat
1 EDU for 15 or fewer seats and 0.1 EDU for each additional seat
Nonresidential service clubs
Member
1 EDU for 6 or fewer members and 0.1 EDU for each additional member
Hospitals
Bed
1 EDU for 2 or fewer beds and 0.8 EDUs for each additional bed
Other custodial institutions
Bed
1 EDU for 2 or fewer beds and 0.5 EDUs for each additional bed
Schools with no showers or cafeteria
Student
1 EDU for every 25 or fewer students and one additional EDU for every 25 or fewer additional students
Schools with cafeteria
Student
1 EDU for every 15 or fewer students and one additional EDU for every 15 or fewer additional students
Schools with cafeteria and showers
Student
1 EDU for every 12 or fewer students and one additional EDU for every 12 or fewer additional students
Schools with cafeteria, showers and laboratories
Student
1 EDU for every 9 or fewer students and one additional EDU for every 9 or fewer additional students
Automobile fuel filling stations
Filling position
1 EDU for 2 or fewer filling positions and 0.5 EDUs for each additional filling position
Office buildings, stores and shopping centers
Gross area square feet
1 EDU for every 2,500 square feet or less of gross floor area and one additional EDU for every 2,500 additional square feet or less of gross floor area
Factories and warehouses
Employee
1 EDU for every 9 or fewer employees and one additional EDU for every 9 or fewer additional employees
Laundromats
Washing machine
2.5 EDUs for every washing machine
Bowling alleys
Alley
1 EDU for the first alley and 0.9 additional EDUs for each additional alley
Assembly halls, houses of worship, theaters and sports arenas (assembly seating and related areas only)
Seat
1 EDU for every 75 or fewer seats and one additional EDU for every 75 or fewer additional seats
(4) 
The charges established herein shall be assessed against the property owners.
B. 
The annual charges as hereinabove set forth shall be payable in quarterly installments, payable on February 1, May 1, August 1 and November 1 of each year. For properties connected to the sewage system after the first month of a quarter, the charge for such period shall be equal to the percentage of the quarterly period remaining after connection to the system.
C. 
If any part of the amount due and payable for any charges remains unpaid for 30 days following the date for the payment thereof, interest upon the unpaid balance shall accrue. The Sewer Collector is hereby authorized and directed to charge 8% per annum on the first $1,500 of sewer rate or charge delinquent after the due date and 18% per annum on any amount of sewer rent or charge in excess of $1,500 delinquent after the due date. If the delinquency is in excess of $10,000 and remains in arrears beyond December 31, an additional penalty of 6% shall be charged against the delinquency. Notwithstanding the foregoing, interest shall be determined in accordance with the provisions of N.J.S.A. 40A:26A-7.
D. 
A connection charge, which shall be payable in advance, shall be made for the connection of each dwelling to the sewerage system, which connection fee shall be established annually by the Borough Council as provided for by law but which will be a minimum of $350 per unit unless otherwise set by the Council. The connection fee for industrial facilities, hotels and restaurants to the sewerage system shall be determined as follows: Divide the total number of gallons per day by the two-hundred-twenty-five-gallons-per-day usage rate assigned to a single unit to obtain the applicable number of units, which number of units will then be multiplied by the unit rate to determine the total connection fee.
E. 
Industrial users which have ceased operation or reduced the same by more than 50% may apply to the Borough Council for a reduced rate.
F. 
In the event that a user exceeds its authorized usage, the Borough will charge the user in accordance with Subsection A for the excess use. In any case where the character or quantity of sewerage or industrial waste discharged is such that the Borough is surcharged or fined or otherwise subjected to a monetary penalty by the State of New Jersey, the Rockaway Valley Regional Sewerage Authority, or any other state or federal agency, that additional cost shall be imposed upon the user in addition to the charges set forth above.

§ 247-6 Sewer call-outs.

[Amended 6-25-2007 by Ord. No. O-13-07]
Sewer call-out before or after business hours (7:00 a.m. to 2:00 p.m. Monday through Friday), including weekends and holidays: $180.

§ 247-7 Violations and penalties.

A. 
Any person, firm, partnership or corporation violating any rules, regulations or emergency proclamations of the Rockaway Valley Regional Sewerage Authority in the Borough of Wharton shall be subject to punishment for not more than 90 days or a fine not to exceed $500, or both, for each violation, and the Municipal Court of the Borough of Wharton shall have jurisdiction in actions for the violations of such rules and regulations, which shall be enforced by like proceedings and processes as those provided by law for the enforcement of ordinances of the municipality. In the event of continuing violation, each day the violation continues shall be deemed a separate and distinct violation. The officers authorized by law to serve and execute processes in the Municipal Court shall be the officers to serve and execute processes issued out of the Municipal Court for violations of the rules and regulations of the Authority. The Executive Director of the Authority is hereby designated as the enforcement officer of this subsection.
B. 
Nothing herein shall prevent the imposition of additional fines and penalties by the Rockaway Valley Regional Sewerage Authority, New Jersey Department of Environmental Protection or other public body as authorized by the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., or other applicable law.

§ 247-8 Fine or penalties to be paid over to the Authority.

All moneys collected, either as fines or penalties, but no court costs, for any violations of the rules and regulations of the Authority under any provisions of this article shall be forthwith paid over to the Authority by the custodian of municipal funds, as permitted by law.

§ 247-9 Legislative determination.

The Borough does hereby determine that it will be economical and otherwise advantageous to it to have sewerage and other wastes disposed of by the Rockaway Valley Regional Sewerage Authority substantially on the terms of an agreement authorized by this chapter.

§ 247-10 Definitions.

Unless specifically indicated otherwise, the meaning of the terms used in this chapter shall be as follows:
BOARD
The Borough of Wharton Mayor and Council.
[Amended 3-28-2011 by Ord. No. O-04-11]
BOARD OF HEALTH
The Borough of Wharton Board of Health.
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in parts per million by weight.
BOROUGH
The Borough of Wharton and its representatives.
BOROUGH ENGINEER
The person duly contracted with in such capacity by the municipality.
BUILDING SEWER
The extension from a commercial, institutional or industrial building to the Borough's sewer.
COMMERCIAL CONCERN
Any concern engaged in service, trade, traffic or commerce in general, exclusive of industrial concerns.
HOUSE CONNECTION
Any pipe, together with necessary connections, conveying sewage from a single building or premises of any kind to the sewer system at either the curbline or the Borough's easement line.
INDUSTRIAL CONCERN
Any concern engaged primarily in manufacturing or processing operations or in research and development activities.
INDUSTRIAL WASTE
The liquid wastes from industrial processes as distinct from sanitary sewage.
INSPECTOR
The duly designated person assigned by the Borough to issue house connection permits and check upon the construction of house connections, sanitary sewers and such other duties as may be determined.
MAY
Is permissive; "shall" means mandatory.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PLANNING BOARD
The Borough of Wharton Planning Board.
PRIVATE SEWER
A sewer privately owned as distinct from the Authority's sewer or other public sewer.
PROFESSIONAL ENGINEER
A person licensed to practice professional engineering in this state.
SANITARY SEWER
A sewer which carries or is intended to carry sewage and into which stormwater, surface water and groundwater are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions, industrial establishments and other buildings or places.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for the treating of sewage in the Borough other than that used on and for the property under one ownership as an individual sanitary disposal system.
SEWER
A pipe or conduit carrying or intended to carry sewage.
SEWER SYSTEM
All trunks, subtrunks, sewers, interceptors, laterals, branches, manholes and all other sewer appurtenances, whether privately owned or owned by the Borough, the sewage from which is delivered to the Borough's system.
STREET
Any and all streets, avenues, highways and roads, whether publicly used or dedicated, with or without acceptance.
SUSPENDED SOLIDS
Solids that either float on the surface of or in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.

§ 247-11 Permits and fees.

A. 
Connections. No connections of any kind shall be made to the Borough's sanitary sewer system until application has been made to the Borough and a sewer connection permit granted.
B. 
Construction. No sanitary sewer, private sewer system, private sewer plant, industrial waste disposal system or any disposal system, or any disposal or sanitary installation or facility whatsoever, shall be constructed until written application to do so has been presented to the Clerk or other person authorized by the Borough for such purpose.
C. 
Fees.
(1) 
Application for permits shall be accompanied by the fee as set forth in § 247-5 in the Sewer Service Rate Schedule of this chapter.
(2) 
Any costs in excess of the construction application fee incurred for engineer services, including review and approval of plans as submitted, shall be borne by the applicant. Applications for construction shall be accompanied by plans and specifications as called for, prepared by a professional engineer.
D. 
Upon receipt of construction applications, the Clerk shall transmit same with a copy of all accompanying documents to the Board for examination, and no authorization to proceed shall be issued until such application has been approved by the Board. Permission to commence construction will be issued only after submission to and approval by the Planning Board, Borough Engineer, State Department of Health and Senior Services, if required, and Rockaway Valley Regional Sewerage Authority.
E. 
Connection permits shall be valid and in force for a period of 30 days from the date of issuance unless, before the termination of such period, the Board, upon written request of the applicant, grants an extension.

§ 247-12 Payments.

A. 
Fees for permits for house connections are due and payable at the time of submission of applications.
B. 
All costs incurred in connection with engineering services or inspection services associated with new construction and proposed new construction are payable when they become due.
C. 
Charges for both connection and use shall be payable to the Borough of Wharton Sewer Utility. The Borough shall have the same remedies for the collection of charges, with interest and costs and penalties, as the collection of taxes upon real estate.

§ 247-13 House or building connections.

A. 
No house or building sewer connection shall be made until such time as a permit to do so has been issued by the Borough.
B. 
All costs and expenses incident to the installation and connection shall be borne by the owner.
C. 
The owner of any residential building to be connected to the street lateral sewer line shall perform all the work related to the house or building sewer line.
D. 
Whenever cast iron pipe is installed by other than a property owner, the installation work must be carried out by or under the direct supervision of a plumber licensed to do such.
E. 
A separate and independent connection shall be provided for every building or premises.
F. 
The owner of any house, building or property used for human occupancy, employment or recreation, or other such purpose, situated within the Borough and abutting on or having easement access or right-of-way to any street, easement or right-of-way in which there is now located or may in the future be located a public or private sanitary sewer of the Borough, provided such house, building or property so used is 500 feet or less from the sanitary sewer, is required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the proper sewer in accordance with this chapter.
G. 
No gasoline, naphtha, oil or other explosive or flammable material or acids shall be permitted to discharge into the sanitary sewer. No washings from vehicles of any type shall be admitted to the sewer.
H. 
Steam exhausts shall not discharge into the sewer system and no blowoff from boilers or from steam-heating plants shall be directly connected therewith. No refrigeration, cooling system or air-conditioning water shall be allowed to discharge into the sewer system.
I. 
In all house or building sewer connections, no stormwater from the roof, subsoil water from the cellar or any other area whatsoever shall be admitted to the sewer system. No cesspool, septic tank or other individual sanitary disposal system shall be allowed to discharge into the sewer system.
J. 
All pipe joints shall be made watertight and protected against damage by roots.
K. 
All house or building sewer connections shall be laid on a firm foundation satisfactory to the Borough.
L. 
House or building sewer connections shall be laid with a minimum grade of 1/4 inch per foot unless otherwise authorized by the Borough. On a terraced installation where a forty-five-degree angle on the rise is necessary, the foot of such rise shall rest on a concrete pad.
M. 
Except as covered and allowed by this chapter, no person shall discharge or cause to be discharged any of the following described waters or wastes into any sewer:
(1) 
Any liquid or vapor having temperature higher than 150° F.
(2) 
Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease.
(3) 
Any gasoline, benzene, naptha, fuel oil or other flammable or explosive liquid, solid or gas.
(4) 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, wood or other solid or viscous substance capable of causing obstructions to the flow in sewers or other interference with the proper operation of the sewerage system.
(5) 
Any waters or wastes having a pH lower than 5.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
(6) 
Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with or to constitute a hazard in the receiving waters of the sewage system.
(7) 
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such material.
(8) 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
(9) 
Grease traps of an approved type shall be placed conveniently for cleaning in all sewers serving restaurants, lunch wagons, or public eating places.
(10) 
No home garbage disposal units, grinders, etc. shall be installed to discharge into the sewer system.
N. 
No house or building sewer connection shall be less than four inches nor greater than six inches internal diameter.
O. 
Inside house cleanouts shall be located a minimum distance of one foot above the basement floor.
P. 
A cleanout shall be provided approximately one foot behind curbline and not more than 60 feet apart in length of the house connection. Cleanouts shall be the same size as the house connection and brought up to the ground level and fitted with a brass or lead ferrule.
Q. 
Cleanouts shall also be installed at each change in horizontal direction of the building drain greater than a forty-five-degree angle.
R. 
All permits for connections are given on condition that the owners of the property served assume all risk of damages that may result from water getting into the premises from the sewer or their connections. Any drain subject to backflow or back pressure may be equipped with an approved-type back-water valve.
S. 
All new house connections and/or replacement of existing connections shall include a cleanout installed behind the curbline of the road or at a location approved by the Borough.
T. 
No house or building sewer connection shall be covered until so ordered by the Borough. A minimum of 48 hours' notice shall be given the Borough in order that work may be examined before ordering the backfilling. Any part of the work which may have been covered without previously obtaining the consent of the Borough shall be uncovered for examination. The backfilling around a house or building sewer connection shall be so executed as not to injure the joints of the pipe, and the backfilling generally shall be so compacted as to permit the restoration of the surface of the street as nearly as possible to its former condition.
U. 
House or building sewer connections shall be so laid and protected as not to be injured from subsequent action on the surface above the same, such as the passage of motor vehicles over such surface.
V. 
No two sewer lines may be closer than three feet apart at the point of connection to the sewer system.
W. 
Size of building sewer shall be of sufficient size, as recommend by the Borough.
X. 
A minimum of two weeks' notice shall be given to the Public Works Director prior to any work commencing.

§ 247-14 Dwelling or building connections.

A. 
The owner shall be responsible for the upkeep, maintenance, cleaning, replacement or repair of any sewer connection from any building or facility to the trunk or main sewer of the Borough.
B. 
In the event of a blockage or impairment in the use of sewer service, no pavement or any part of any street or the surface of the ground wherein the suspected blockage is located shall be uncovered or disturbed until the Borough is present to inspect said lateral or connection.
C. 
In such instances where the use of the sewer system is temporarily or permanently discontinued, it shall be the duty of the user to obtain a certificate from the Borough of Wharton Public Works Department certifying that the water facilities have been disconnected and the date on which the same occurred, which shall be filed with the Borough.
D. 
Whenever the type of building receiving sewer services is changed in character, and a change in billing is required, it shall be the duty of the owner seeking said change in billing to notify the Borough.
E. 
Whenever the type of building receiving sewer services is changed in character, which increases the service charges for said building, it shall be the duty of the owner to notify the Borough of the date of said change and increase of sewer services. Such increase in billing shall be made starting with the next billing quarter. Should the owner neglect to notify the Borough, the increase in billing shall be made retroactive to the time it is determined such change was made and the sewer service enlarged.

§ 247-15 Lateral, interceptor and trunk sanitary sewers.

A. 
Permits and authorization for construction.
(1) 
No sanitary sewers, interceptors, trunks or laterals shall be constructed within the Borough until such a time as a permit to do so has been issued by the Borough.
(2) 
Any expenses incurred in excess of the application fee referred to herein shall be borne by the person making the application. Such expense may be incurred for engineering services, including review and approval of plans submitted.
(3) 
Plans require approval by the Borough, including but not limited to the Borough Engineer. The plans shall conform with the comprehensive long-range plan for providing sanitary sewers in the Borough.
(4) 
Following approval of all local parties, the plans and specifications shall be submitted by the applicant to the New Jersey Department of Environmental Protection for approval whenever necessary.
(5) 
In the event construction conditions required field changes, a written request giving reasons for such changes must first be submitted to and approved by the Borough.
(a) 
No construction shall be started until such time as the Borough has granted permission and notified the petitioner in writing.
(b) 
Before construction is started, the Borough shall be notified in writing a minimum of two weeks prior as to the name and address of the contractor and all subcontractors as well as the director who shall be in charge and have full responsibility for the supervision of construction.
(c) 
Prior to the start of construction, the contractor shall file with the Borough a certificate of insurance. Liability polices shall indemnify and save harmless the Borough in connection with the construction.
(d) 
Prior to the start of construction, the Borough shall inspect the work area to check on material, joints, backfilling methods, pavement replacement and report upon leakage tests. The contractor shall be responsible at all times for meeting all requirements of this chapter.
(e) 
The contractor shall pay for the cost of any testing laboratory work ordered by the Borough to check strength of pipe and concrete, strength and absorption of brick, and other material tests which might be required to determine conformance of materials.
(f) 
No trench shall be backfilled until such time as the Borough has checked each joint of the pipe and has given written authorization for backfilling to proceed.
(g) 
Upon issuance of a permit by the Borough and prior to the start of actual construction, the contractor shall file with the Borough an acceptable performance bond, equal to the estimated cost of the work covered by the permit requested, as determined by the Borough, plus 20% of the estimated construction cost to cover legal, engineering and other accounting expenses in the event of default.
(h) 
Upon completion of construction, the contractor shall post a maintenance bond with the Borough, guaranteeing against any defects or deficiencies in the sewer and repair of same and any damage caused by faulty construction for a one-year period following official acceptance of the sewer.
(i) 
Approximately 11 months following the formal acceptance of the sanitary sewer, the Borough shall have a final inspection made of the sewer and a report shall be prepared by its assigned representative outlining any deficiencies which must be corrected or recommending approval and acceptance of the sewer by the Borough. The contractor shall complete all repairs prior to the expiration of the one-year period which shall be found necessary during the final inspection, and if these repairs are not completed, as aforesaid, after notification by the Borough, the Borough shall have the right to invoke its rights under the terms of the maintenance bond.
(j) 
In the event the contractor fails to perform construction work in a competent manner, or if faulty material or methods of construction are employed, or if the contractor fails to employ reasonable work methods outlined by the Borough, the Borough has the right to stop construction until proper materials or methods of construction are employed. In the event of a dispute between the contractor and the Borough, the matter shall be submitted in writing to the Borough for resolution as may be required. All construction work shall cease during these disputes until a satisfactory agreement is reached by all parties concerned. Inspection costs shall remain in force during this period.
(k) 
Before final acceptance, the contractor shall certify that no liens exist.
B. 
Pipe shall conform to the requirements of ASTM C-428-59T for sewer pipe. Lengths shall be 13 feet nominal with sufficient random lengths in multiples of one foot as required to properly locate tees and wyes.
C. 
Joints shall be of rubber ring type. Each length of pipe shall be furnished by the manufacturer with one complete coupling. The coupling shall include rubber rings to make a complete assembly of the pipe. Joints shall be made in accordance with the instructions of the manufacturer. The contractor shall procure from the pipe manufacturer a certificate of tests for each different class, size and batch of pipe. The tests conducted shall include but not be limited to ASTM three-edge bearing method crushing test, hydrostatic test and flexural test.
D. 
Cement-lined cast iron pipe conforming with the requirements of the American Standard Specifications, or latest revision thereto, except that other materials may be used when approval has been given in writing by the Borough. Joints for cast iron pipe shall be mechanical joints or bell and spigot pipe with jute and caulked pure lead joints. The contractor shall procure from the pipe manufacturer a certificate of tests for each different class, size and batch of pipe. The tests conducted shall include but not be limited to ASTM three-edge bearing method crushing test, hydrostatic test and flexural test.
E. 
The joints for the sewer pipe shall be the best joining material. The joints for cement pipe shall be pressure-tight rubber ring joints with collar as furnished by the manufacturer. Joints for cast iron pipe shall be mechanical joints or bell and spigot pipe with jute and caulked pure lead joints. Any other type joint proposed shall be submitted to the Borough for approval in writing before use. If a new type of joint is approved for installation, the services of a manufacturer's representative shall be furnished at the contractor's expense to demonstrate use of the joint and to have the contractor's method of installation approved.
F. 
Manholes.
(1) 
Manholes shall conform and shall consist of a precast concrete base and precast barrel and precast reinforced concrete roof slab or precast reinforced concrete manhole cone.
(2) 
Precast "slab-type tops" of standard manufacture may be used, providing detail drawings are submitted and approved.
(3) 
Precast manhole sections shall be circular, tongue and groove type. They shall conform with the requirements of ASTM Specification C76-60T Class IV.
(4) 
Circular pipe shall be centrifugally spun precast pipe. Lifting holes shall be tapered holes and shall be plugged with a rubber plug and mortar finished flush with the walls.
(5) 
Joints shall be tongue and groove and shall be sealed by a continuous rough gasket so that the joint will be and remain watertight. Each end shall have the joint formed to receive the gasket and enclose it under pressure on four sides when the joint is in final position.
(6) 
After the manhole is completed and before backfilling, all joints shall be filled with mortar and pointed to form a dense hard joint. Thereafter, one coat of coal tar or asphaltic pitch shall be applied to the entire outside surface of the manhole. The rubber gasket shall have a reasonably smooth surface free from pitting, blisters, porosity and other imperfections. Manhole inverts shall provide a smooth-finished flow channel molded in a concrete base and uniformly sloped and curved between all pipes connecting to the manhole.
(7) 
Brick collars above roof slab or cone section to bring the manhole to finished grade shall be laid to the thickness and dimensions shown on the drawings. All brick shall be thoroughly wet before laying and shall be laid in a full bed and joint of mortar. Joints shall be 1/4 inch on the interior face, and shall be struck smooth with the interior face. Brick shall be laid as headers with joints broken between courses, and the finished collar shall be plastered on the outside with cement mortar. Precast concrete bases may be used where possible and practical. When used, the precast bases shall be bedded uniformly and firmly to the satisfaction of the Borough.
(8) 
Manhole bases other than precast concrete bases shall be of 1:2:4 concrete, 12 inches thick and five feet six inches in diameter. The riser section shall be centrally placed on the base and grouted inside and outside to form a watertight joint at the base. Concrete channels shall be formed in the base with a cross section of the exact shape of the sewer invert as indicated on the drawing. Channels shall have a minimum depth of 1/2 the sewer diameter, shall slope to the outlet and shall have as smooth a surface as possible.
(9) 
Manholes shall be constructed promptly as the work progresses and shall not be backfilled until the masonry has satisfactorily set. They will be tested for leakage after construction, and those found not absolutely watertight shall be repaired at the contractor's own expense.
G. 
Manhole steps. Each manhole shall have aluminum drop steps cast into the walls. Steps shall have a minimum width of 10 inches, shall project into the manhole wall at least 4 1/4 inches. The manhole sections shall be assembled so that the drop steps form a continuous ladder.
H. 
No "straight type" steps will be permitted. Cover and frame: Manhole covers shall be Campbell Foundry No. 1203, or approved equal or better, with four vent holes and shall have "Wharton Borough Sewerage" and the year of installation embossed thereon. Frames shall be well bedded in mortar, making a watertight joint, and shall be adjusted so that the rim is approximately 1/4 inch above finished grade. Cover and frame shall have a shop coat of asphaltic pitch and shall have a field coat of similar paint after the frame is set in final position.
I. 
Watertightness. Each manhole shall be absolutely watertight. Manholes that are not watertight will not be accepted. Plastering on top of defective joints to correct leaky conditions will not be permitted.
J. 
Connections to the pipe shall be approved-type tees or wyes, cement and cast iron pipe. Where cement pipe is used, an approved-type cast iron fitting may be bolted onto the pipe and installation shall conform with the pipe manufacturer's instructions. Where house connections are installed, these shall be four inches in diameter for commercial establishments, laundries, industries, or as may be required by the Borough.
K. 
As construction of the sewer progresses, house connections shall be carried from the main sewer in the street to within one foot behind the curbline. House connections shall consist of extra-heavy cast iron soil pipe, and joints shall be jute and lead. Minimum slope shall be 1/4 inches per foot, and the connection shall be laid on a straight line from the lateral sanitary sewer. Watertight plugs shall be installed in the ends of house connections. Plugs shall be leaded right in place in open end.
L. 
Pavement replacement shall conform to the Borough, county or state specifications, as the case may be. All pavements shall be cut with a pavement cutter, and pavement replacement shall be as indicated on the plans for sewer construction and shall be placed over the entire affected area wherever the sewer line has been laid. A street opening permit shall be obtained pursuant to the provisions of Borough, county or state regulations, whichever may apply.
M. 
Flush manholes shall be constructed at points designated and in accordance with the approved plans, profiles and specifications submitted at the time of application for a permit under this chapter.
N. 
During the course of any work or repairs required pursuant to this chapter, the contractor shall at all times provide protective devices and measures as required.

§ 247-16 Methods of construction.

A. 
The contractor shall employ whatever equipment and manpower is required and the best materials available for providing an acceptable sanitary sewer. He shall submit experience records, financial records, and references to demonstrate his ability to perform the work.
B. 
The entire sewer system shall be inspected, subjected to leakage test and approved in writing by the Borough before any house shall be connected to the system. Only where permission is first granted in writing by the Borough will the contractor be allowed to construct specific limited sections of the sewer line and house connections, but in these instances said sections shall first be inspected, leakage tests made, and approved by the Borough prior to permitting house connections. No connection will be permitted to the existing sewer system until after completion, cleaning, inspection and acceptance of the section to be connected.
C. 
The contractor shall keep his trench excavation as narrow as possible. Distance between batter boards shall not exceed 50 feet, and line and grade shall be set by qualified instruments men furnished by and at the expense of the contractor. Line and grade shall be checked by the contractor, and if the pipe is laid to incorrect line and grade, the contractor shall fully repair or rebuild same at his expense.
(1) 
Trench. The trench in which the sewers and appurtenances are to be constructed shall be excavated in open cut from the surface except where otherwise stated in writing and in all cases in such manner and to such depths and widths (not less than 12 inches greater on each side than the maximum external dimension of the pipe or structure) as will give suitable room for bracing and supporting, pumping and draining and for removing from the excavation any material which the Borough may decide is inadequate for foundation. Excavation shall not be completely plowed, scraped or dug by machinery to finished subgrade. The last several inches shall be trimmed by hand to exact line and grade and shaped to support the pipe or structure on undisturbed soil just before placing the pipes or concrete. The maximum trench width at the top of the pipe shall be the outside diameter of the barrel of the pipe plus two feet. The contractor may, where it will not interfere with the work or adjacent structures or property, slope the sides of excavation beyond the width specified above. The sides of the trench may only be sloped from a point starting two feet above the top of the sewer pipe.
(2) 
Length of trench to be opened. The length of the trench to be opened or the area of the surface to be disturbed and unrestored at any time will be limited by the Borough with regard to expeditious construction and to the convenience of the Borough.
(3) 
Sheeting and bracing.
(a) 
The contractor shall be responsible for properly supporting the sides of all trenches and excavations with timbers or other supports wherever necessary or required to properly safeguard the trenches, adjacent properties and structures and at restricted rights-of-way. Sheeting and bracing shall not be left in place on any roads. If so ordered by the Borough, timber sheeting and bracing shall be left in place on Borough roads to avoid undermining or otherwise endangering the work or adjacent structures. Great care shall be exercised in the selection of sheeting and bracing of adequate design, type, size and strength. The adequacy of the timber used for all supporting and bracing purposes shall be the responsibility of the contractor, who shall use only men of seasoned experience and judgment for this type of work. However, the sizes and lengths of the timber used shall conform closely to the needs of the work, and oversizing should be avoided as well as undersizing.
(b) 
In placing and driving the sheeting, proper workmanship and equipment shall be used to achieve a true alignment and close contact of the sheeting boards.
(c) 
All sheeting left in place shall be cut off or driven at least 18 inches below the surface, unless otherwise ordered. Timber sheeting shall be straight and sound, free from shakes, cracks, large or loose knots and other defects impairing its strength and durability. It shall be squared to the required dimension throughout its entire length.
(d) 
If required for the proper execution of the work where running sand, quicksand or other semifluid material difficult to handle is encountered, the timber sheeting shall be tongue and groove.
(e) 
Locating existing utilities. Prior to any excavations, the contractor, with the cooperation of the water company and gas company or other public utility, shall locate and paint on the pavement or place stakes in the ground at the location of all water services, gas services, gas mains, water mains, telephone raceways or conduits and drains within 15 feet of the proposed center line of the sanitary sewer.
(4) 
Placing of excavated material. All excavated materials shall be placed where directed by the Borough in such a manner as not to endanger the work and so that free access will be had at all times to all parts of the trench and to all fire hydrants and their gates in the vicinity. Such material shall be neatly piled so as to interfere as little as possible with traffic. At least one lane shall be kept open for fire apparatus and other emergency equipment at all times.
(5) 
Drainage. The contractor shall furnish sufficient pumping or other dewatering equipment and shall provide at his own expense satisfactory drainage whenever needed in the trench and other excavation during the progress of the work and at its completion for final inspection. No structures or pipe sewers shall be laid in water, and water shall not be allowed to flow over or rise upon any concrete, masonry or pipe sewers until the work has been inspected and the mortar or concrete has properly set. Where a continuous flow of water into the trenches causes a soft condition and where pumping cannot dry and prevent the flow of water in the trench, the contractor shall furnish, install and maintain an efficient wellpoint system. Materials and workmanship used for the wellpoint system shall be in keeping with approved standard practice. The wellpoint system shall function so as to enable pipe, concrete cradle and appurtenances to be installed without interference from running or standing water at the bottom of the trench. The Borough shall make the final decision as to the acceptability of the wellpoint system or any part thereof. When necessary, pea gravel or graded sand shall be used in conjunction with the wellpoints as they are installed to ensure continuous pumping in dewatering fine material. The wellpoint system shall be operated after the main sewer has been installed as long as necessary in order to construct the manholes and/or house connection laterals. Pavement disturbed for the installation of wellpoints shall be restored as directed.
(6) 
Disposal of water: All water pumped or bailed from the trench or other excavation shall be conveyed in a proper manner to a suitable point of discharge by the contractor at his own expense.
(7) 
Care of existing structures.
(a) 
Care shall be taken not to move any sewers, drains, culverts, poles, water or gas pipes, etc., or structures near them that may be encountered during the construction of this work. They shall be securely hung, braced or supported in place by the contractor at his own expense. Whenever it is necessary to interfere with said structures, the contractor shall maintain their services at his own expense and repair all damage caused by his act or neglect of the work. He shall leave them in as good condition as he found them.
(b) 
Notification of broken pipe main or other utilities. In case water or gas pipes, conduits or other utilities become broken in the prosecution of the work, the contractor shall give immediate notice to the proper authorities and shall be responsible for any damage to persons or property caused by such breaks. Failure to give prompt notice to the authorities shall make the contractor responsible for any needless loss of water or gas or for interruption of services.
(8) 
Prompt repair of service pipes. When sewer house connections or service pipes supplying water or gas are broken during construction, the contractor shall stop work and immediately notify the proper authorities of the utility broken or disturbed.
(9) 
Backfilling trenches, general. No trench or other excavation shall be backfilled until the sewer or structure in it has been examined and approved by the Borough. Immediately after approval, the trench or other excavation shall be carefully backfilled with such excavated material and in such order as may be from time to time directed by the Borough. No rock or frozen earth shall be put in the trench until a refilling has reached at least two feet above the top of the sewer. Backfill to a height of two feet above the top of pipes and culverts, except underdrains, shall be made with earth which shall be free from stones or rock fragments of a size larger than two inches. Below this level, the backfill shall be placed in layers not more than six inches thick and shall be compacted with approved flat-faced tampers. All materials excavated, if suitable, shall be used for backfilling trenches or other excavations or deposited in embankment. None shall be disposed of without permission of the Borough. Surplus and waste materials shall be removed from the site and shall be deposited where directed by the Borough. When a bulldozer or payloader is used in backfilling a trench, the contractor shall station a man at the side of the trench to carefully inspect and supervise the backfilling operation.
(10) 
Dust control. Immediately after the trench is backfilled, calcium chloride shall be spread over the trench and road surface in sufficient amounts to prevent dust upon the roads. Calcium chloride shall be spread as often as necessary until the temporary pavement is installed.
(11) 
Maintenance of trenches. Backfilled trenches shall be maintained to grade and satisfactory riding condition in accordance with the judgment of the Borough. The contractor shall correct all ruts, potholes, depressions, soft trench, etc., at the instructions of the Borough.
(12) 
Concrete cradle for encasement. Where excessively deep or shallow cuts are encountered in construction, the pipe shall be encased in full concrete cradle to provide the required strength. Concrete used shall develop a twenty-eight-day compressive strength of 200 psi.
D. 
Backfill material is to be placed so as to conform to state, county and Borough specifications, as applicable.
E. 
Following backfilling of the trench, the contractor shall complete the installation conforming to the above-mentioned specifications.
F. 
After the sewers have been laid and otherwise completed, a leakage test shall be made to demonstrate that the line will satisfactorily meet the conditions prevailing in place with leakage not in excess of 100 gallons/inch diameter/mile/day. If the leakage exceeds the specified amount, the contractor shall make the necessary repairs or replacements required to reduce the leakage to within the specified limits, and the tests shall be repeated until the leakage requirement is met.
(1) 
Infiltration. Rates of infiltration shall be determined by means of V-notch weirs or pipe spigot in an approved manner and at such times and locations as may be directed by the Borough during the progress and at the completion of the work. The contractor shall provide and install weir plates or other materials required and at such times and locations as may be directed by the Borough.
(2) 
Exfiltration. In the absence of groundwater over the sewer at the time of testing for watertightness, the Borough may require an exfiltration test. This test will consist of filling the completed sewer with water to a height which places five feet of head on the lowest joint. Exfiltration (leakage) shall not exceed the quantity of water as stated above.
G. 
Where these leakage rates are exceeded, the sanitary sewer will not be accepted by the Borough and remedial measures shall be taken by the contractor and leakage tests repeated until the sewer passes the specified leakage allowances.
H. 
Following completion of the construction of any sewers, sewer plants or any other facilities under the control of the Borough and before the one-year guarantee period, where required, has started, the contractor shall submit certified as-built plans. These plans shall be dated, signed and approved by a professional engineer as well as by the Borough. For sewers, they shall indicate the sewer line as built, including the location of all house connections, manholes, risers, final ground profiles, water table conditions, characteristics of soil conditions encountered along the profile.

§ 247-17 Private sewer systems.

A. 
No private sewer system of any kind or nature shall be installed in the Borough until the necessary permits and authorization in writing is provided by the Borough.
B. 
Application for permits to construction private sewer systems shall be accompanied by two sets of plans and profiles, on standard size sheets 32 inches by 22 inches in size, and specifications which shall be prepared by a licensed New Jersey professional engineer. No work shall be started until such time as the Authority has granted permission and notified the petitioner in writing.
C. 
Plans shall conform with the comprehensive long-range plans developed for the Borough with respect to real property, recreation and sewerage.
D. 
All expenses incurred in connection with inspection and testing incident to the construction shall be borne by the owner.
E. 
Material, method, record plans, etc. for private sewer systems shall conform to those regulations and specifications outlined in this chapter.
F. 
Private sewer systems where permitted are for use in areas not having access initially to the Borough's interceptor and trunk sewers.
G. 
While in use, private sewer systems shall be subject to inspection by the Borough.
H. 
The Borough shall be furnished with a complete set of "as-installed" plans showing the location of all trunks, interceptors and connections. These shall include location and elevation of all house connections.

§ 247-18 Industrial wastes.

A. 
Plans and specifications for pretreatment and disposal of industrial waste shall be submitted to the Borough for approval.
B. 
Up-to-date as-installed record plans of industrial waste disposal systems shall be kept on file with the Borough, and no additions or changes to existing facilities shall be made without the approval of the Borough.
C. 
The Borough shall have access for inspection at reasonable times by duly authorized personnel. Test reports of quantity and quality of effluent from industrial disposal plants shall be made available for inspection upon request.

§ 247-19 Violations and penalties. [1]

Violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1, Article I, General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).