[Adopted 2-24-2010 by Ord. No. 2-2010]
This article shall be known as the "Construction Debris Regulation
of the Township."
As used in this article, the following terms shall have the
meanings indicated:
A construction, renovation or demolition project for which
a building permit or a demolition permit is required, and for which
a dumpster or roll-off container shall be placed on premises for the
purpose of placement of solid waste materials.
A debris recovery plan shall be filed with the Township Recycling
Coordinator prior to the commencement of any activity for which Township
approval, as further identified above, is required. The debris recovery
plan shall identify the types and estimated quantities of construction
and demolition debris to be generated from the project, how each material
will be managed, and the name of each facility or service provider
that the entity will use to manage each material. The plan shall further
detail how the applicant shall ensure that a minimum of 50% of the
materials to be generated will be separated and recycled.
A.
Approval. A debris recovery plan shall be reviewed by the Township
Recycling Coordinator, and approved if it provides for all of the
information required herein. An approved debris recovery plan shall
be marked "Approved" and returned to the owner of the entity which
submitted the plan.
B.
Denial. A debris recovery plan shall not be approved if it does not
provide all of the information required herein. If a debris recovery
plan is not approved, the owner of the entity which submitted the
plan shall be notified in writing that the plan has been rejected,
including the reasons for the rejection. In order to obtain the building
or demolition permit sought, the owner of the entity which will carry
out the construction, renovation or demolition project shall make
the required changes and resubmit the debris recovery plan to the
Township Recycling Coordinator.
A.
Application. If the owner of an entity carrying out a covered project
experiences circumstances that makes it infeasible to comply with
the diversion requirement cited herein, the owner of the entity may
apply for an adjustment. The owner shall indicate in writing why it
is infeasible to divert 50% of the materials being generated from
the covered project and specify what percentage of diversion could
be achieved. Increased costs to the owner of the entity carrying out
the covered project will not be an acceptable justification for an
adjustment.
B.
Review. The Township Recycling Coordinator shall review the information
supplied by the owner. If warranted the Township Recycling Coordinator
shall attempt to contact the owner to discuss possible ways of meeting
the diversion requirement.
C.
Granting of an adjustment. If the Township Recycling Coordinator
determines that it is infeasible for the entity carrying out a covered
project to divert 50% of the generated C&D debris from the covered
project, the percent of diversion required shall be adjusted. The
owner shall be notified in writing of the adjusted diversion requirement.
The owner of the entity carrying out the covered project shall be
required to divert the percent of C&D debris required by the adjustment.
D.
Denial of adjustment. If the Township Recycling Coordinator determines
that it is feasible for the owner of an entity carrying out a covered
project to meet the diversion requirement cited herein, the owner
shall be notified in writing of the denial of the diversion requirement
adjustment.
Upon completion of the covered project, but before the final
inspection, the owner of the entity carrying out a covered project
shall submit in person or by certified mail to the Municipal Recycling
Coordinator the documentation required to demonstrate that the applicant
has met the diversion requirement. The required documentation shall
include the following:
A.
A completed debris recovery report, signed by the owner of the entity
carrying out a covered project, indicating the quantity of each material
generated during the covered project diverted or disposed;
B.
Receipts from all facilities or service providers utilized to divert
and dispose materials generated during the covered project; and
C.
Any additional information that the owner of the entity carrying
out the covered project believes is relevant to determining compliance
with the diversion requirement.
The Township Recycling Coordinator shall review the information
submitted as required herein and determine whether the owner of the
entity carrying out the covered project has complied, or failed to
comply, with the diversion requirement. The determination regarding
compliance will be provided to the owner of the entity carrying out
the covered project in writing.
An owner of the entity carrying out the covered project may
appeal a determination of failure to comply with the provisions herein
to the Township Committee within 30 days of the decision or determination.
The appeal shall be in writing and shall state the facts and basis
for the appeal. A decision by the Township Committee shall be final.
The Township Code Enforcement Official, the Township Police
Department, the Department of Health, the Township Recycling Coordinator,
the Township Property Maintenance Official and the Township Housing
Officer are hereby individually and severally empowered to enforce
the provisions herein. The respective enforcing official may, in his
or her discretion, post warning stickers for a first offense. An inspection
may consist of dumping and opening of solid waste bags or containers
to detect, by sound or sight, the presence of any recyclable material.
Any person, corporation, occupant or entity that violates or
fails to comply with any provision herein or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250 nor more than $1,000.
If it is determined, by a court of competent jurisdiction, that
any provision or section of this article is unconstitutional, all
other sections and provisions shall remain in effect. This article
shall take effect immediately.