[Adopted 4-16-2007 by Ord. No. 2007-11]
The purpose of this article is to establish
the Construction and Demolition Debris Diversion Program. This program
is intended to increase the diversion of construction and demolition debris from landfill disposal, conserve the capacity and extend the useful life
of landfills, and avoid the potential financial and other consequences
to the Township of failing to timely meet New Jersey Department of
Environmental Protection requirements.
All defined terms in this article appear in
italics and are found in sections of this code, except for the terms
"building permit" and "demolition/removal permit," which refer to
those terms respectively as used in the Code of Woolwich Township
and which, consistent with the Code, are not italicized in this article.
In addition, whenever the following words or phrases are used in this
article, they mean:
A recycling, composting, materials recovery or reuse facility
which accepts construction and demolition debris and
which is an approved/licensed NJDEP Class A-D recycling center, or
a recognized facility by the Recycling Coordinator.
The waste building materials, packaging, and rubble resulting
from construction, remodeling, repair, alteration, and/or demolition
operations on pavements, houses, all residential and nonresidential
developments, and other structures and may include, but is not limited
to, concrete, asphalt, wood, metals, bricks, block masonry, wallboard,
dirt, rocks, landscape waste, and other inert waste.
Has the same meaning as set forth in § 203-5 of this Code.
The final depositing of solid waste other
than construction and demolition debris at a permitted
landfill or facility.
The reduction or elimination of solid waste from landfill disposal.
Has the same meaning as set forth in section 66.0102 of this
Code.
The New Jersey Department of Environmental Protection.
The Recycling Coordinator of the Township (and its successor).
All putrescible and nonputrescible solid, semisolid, and
liquid wastes, including, but not limited to, garbage, trash, refuse,
paper, rubbish, ashes, industrial wastes, construction and
demolition debris, abandoned vehicles and parts thereof,
discarded home and industrial appliances, dewatered, treated, or chemically
fixed sewage sludge which is not hazardous waste,
manure, vegetable or animal solid and semisolid wastes, and other
discarded solid and semisolid wastes. Solid waste does not include hazardous waste, hazardous substances
or medical wastes, as those terms are defined in this Chapter 6 or
in state or federal law.
The form prepared by the Recycling Coordinator on which an applicant for a building permit or demolition/removal
permit shall provide information including, but not limited to, the
types and amounts of construction and demolition debris the applicant anticipates each building/demolition
permit application will generate and the expected construction
and demolition debris diversion the applicant expects to achieve for that permitted action.
The form prepared by the Recycling Coordinator on which the applicant for a building permit or
demolition/removal permit shall provide information including, but
not limited to, the documentary evidence in a form satisfactory to
the Recycling Coordinator demonstrating the construction and demolition debris diversion the applicant achieved for the development.
A.
Except as otherwise provided in this article, all applicants for a building permit or a demolition/removal
permit, including the Township of Woolwich, shall submit a properly
completed Waste Management Form Part I with the building
permit or demolition/removal permit application, in accordance with
the requirements set forth in the Code of Woolwich Township.
B.
No building permit or demolition/removal permit shall
be issued unless the applicant has submitted a properly
completed Waste Management Form Part I.
A.
Construction and demolition debris shall be measured by weight or by volume, whichever is most accurate
and practicable. To the extent practicable, all construction
and demolition debris shall be weighed on a scale.
(1)
For construction and demolition debris which is weighed, the applicant shall use a scale
which is in compliance with all federal, state, and local regulatory
requirements for accuracy and maintenance of such scale.
(2)
For construction and demolition debris for which measurement by weight is not practicable, the applicant shall measure by volume and convert the volumetric
measurements to weight using the standardized rates established in
the Township Construction and Demolition Debris Conversion Rate Tables.
(3)
The Recycling Coordinator reserves
the right, when appropriate, to establish standard weights for various
types of construction and demolition debris items
based upon accepted average weights for such items. These standard
weights shall be listed in the Township Construction and Demolition
Debris Conversion Rate Tables.
(4)
All proof showing satisfactory diversion of construction and demolition debris must be submitted
on a yearly basis (calendar year) or at the end of the project, whichever
is sooner.
B.
For building permits or demolition/removal permits
issued on or after the effective date of this article, the diversion
rate shall be 65% by weight of the total construction and
demolition debris generated by the development.
(1)
If there are no operating approved recycling facilities
or recognized facilities available for the diversion of construction and demolition debris, the applicant shall notify the Recycling Coordinator for verification in writing via certified mail.
Recycling centers/facilities utilized must be
one of the following:
A.
The following activities, alone or in combination
with one another, are exempt from this article, except if the activity
or activities is/are undertaken in conjunction with development which otherwise is subject to this article:
(1)
Roofing projects that do not include the tear-off
of the existing roof.
(2)
Installation, replacement, or repair of a retaining
wall.
(3)
Installation, replacement, or repair of a carport,
patio cover, balcony, trellis, or fireplace.
(4)
Installation, replacement, or repair of a deck.
(5)
Installation, replacement, or repair of a fence.
(6)
Installation, replacement, or repair of a swimming
pool or a spa.
(7)
Installation, replacement, or repair of a prefabricated
sign which does not require modification to the structure to which
the sign is attached.
(8)
Installation, replacement, or repair of storage racks.
(9)
Permitted projects and/or construction which require
only an electrical permit, only a plumbing permit, or only a mechanical
permit.
(10)
Any minor permitted application may be exempted
at the discretion of the Recycling Coordinator or
Building Code Official.
For all major subdivisions or major site plans,
the Planning/Zoning Board will allow, for the purpose of meeting this
article and for recycling purposes only, an area designated for recycling
containers.
A.
This area or "compound" shall be used by the developer/contractor
of the project only, and shall be designed to allow secure access
via construction fence or other approved method in order to deter
nonconstruction persons from dumping into contractor's recycling containers.
B.
The "compound" must be clearly defined on the land
development plans submitted to the Township for approval, and must
be approved by the appropriate Board prior to installation.
C.
All diversion material temporarily
stored on the site prior to being hauled off-site to an approved facility
must be in containers or on a nonporous (paved) surface to prevent
soil and environmental contamination.
D.
The "compound" may utilize the following areas of
the proposed development, provided it is not in any
environmentally sensitive or area otherwise not allowed for construction
purposes:
E.
Areas that will not be allowed include:
(1)
Wetlands or wetland buffer areas.
(2)
Wooded areas in the Tree Protection Zone that are
not otherwise to be disturbed.
(3)
Stormwater management basins, trenches, swales, etc.
(4)
Any area designated or noted as an endangered species
habitat.
(5)
Any area that might otherwise jeopardize the safety
of the construction site.
All applicants will be required to participate
and comply with the article. Fines will be imposed by the Township
Police, Building Code Inspector or designated Township official. Any applicant who does not comply with the Construction and
Demolition Debris Diversion Program or does not provide the Township
with diversion receipts will be fined in accordance
with the graduated scale noted below.
If any part or parts of this article is/are
held to be invalid for any reason, then such adjudication shall not
affect the validity of the remaining provisions of this article.
All ordinances or provisions of ordinances that
are inconsistent herewith are hereby repealed to the extent of their
inconsistency.
This article shall become effective upon final
adoption and publication in accordance with the law.
