[HISTORY: Adopted by the Township Committee of the Township
of Eagleswood 9-30-2009 by Ord. No. 2009-11. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A construction, renovation or demolition project for which
a building permit or 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 Municipal Recycling
Coordinator prior to the commencement of any covered project. The
debris recovery plan shall identify the types and estimated quantities
of construction, renovation 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 Municipal
Recycling Coordinator and approved if it complies with this chapter.
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
comply with this chapter. If a debris recovery plan is not approved,
the owner of the entity that 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 that 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.
A.
Application. If the owner of an entity carrying out a covered project
experiences circumstances that make it infeasible to comply with the
diversion requirement cited in this chapter, 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 Municipal Recycling Coordinator shall review the information
supplied by the owner. If warranted, the Municipal Recycling Coordinator
shall attempt to contact the owner to discuss possible ways of meeting
the diversion requirement.
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 50% of the generated construction, renovation and
demolition debris from the covered project, the percentage 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 percentage
of construction, renovation and demolition 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 chapter, 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, indicating the quantity of each material
generated during the covered project that was diverted or disposed
of;
B.
Receipts from all facilities or service providers utilized to divert
and dispose of 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 Municipal Recycling Coordinator shall review the information
submitted pursuant to this chapter 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 chapter to
the Township of Eagleswood within 30 days of the decision or determination.
The appeal shall be in writing, filed with the Clerk, and shall state
the facts and basis for the appeal. A decision by the Township Committee
shall be final.
The Code Enforcement Official, the Department of Health, the
Municipal Recycling Coordinator, the Property Maintenance Official
and the Housing Officer are hereby individually and severally empowered
to enforce the provisions of this chapter. 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.