[Adopted 8-12-2008 by Ord. No. 08-10]
CONSTRUCTION
The construction of new buildings and additions to existing buildings for which a building permit is required.
COVERED PROJECT
A construction, renovation, or demolition project for which a building permit or demolition permit is required.
DEBRIS
Materials that are currently designated in the Warren County Solid Waste Management Plan that may be part of a construction, renovation, or demolition project. Materials include but are not limited to concrete blocks, bricks, cinder blocks, wallboard, carpeting, padding, insulation, fluorescent tubes, nontreated wood, appliances such as washers, dryers, refrigerators, shelving, field cabinets, other heavy iron, source separated scrap metal, etc.
DEMOLITION
The complete removal of an existing building for which a demolition permit is required
RENOVATION
The alteration of an existing building for which a building permit is required.
A. 
A debris recovery plan shall be filed with the Municipal Recycling Coordinator prior to the commencement of any activity for which municipal approval as further identified above. 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. For new construction and additions, 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.
B. 
A deposit of $100 shall be made with the Borough Recycling Coordinator upon filing of the debris recovery plan. The deposit shall be returned to the applicant upon satisfactory completion and documentation as required below.
A. 
Approval: A debris-recovery plan shall be reviewed by the Municipal Recycling Coordinator and building permit officer, and approved if it provides for all of the information required by this article. 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 by this article. 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 Municipal Recycling Coordinator.
C. 
Granting of an adjustment: If the Municipal Recycling Coordinator determines that it is infeasible for the entity carrying out a covered project to divert the required percentage of the generated C and 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 and D debris required by the adjustment.
D. 
Denial of adjustment: If the Municipal Recycling Coordinator determines that it is feasible for the owner of an entity carrying out a covered project to meet the diversion requirement cited in this article, the owner shall be notified in writing of the denial of the diversion requirement adjustment.
Documentation: 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, indication 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 the compliance with the diversion requirement.
The Municipal Recycling Coordinator shall review the information submitted pursuant to this article 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 under this article to the municipality 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 department where appeal is to be filed shall be final.
The Borough Board of Health, the Recycling Coordinator, the Zoning Officer, the Building Inspector, the Housing Officer, or other Code Enforcement Officer, the Police Department, and the Warren County Department of Health are hereby individually and severally empowered to enforce the provisions of this article. The respective enforcing official may, in his or discretion, post warning stickers for a first offense. An inspection may consist of dumping and opening of solid waste bags of 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 of this article 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.