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 rolloff 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 make 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.
A.
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:
(1)
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:
(2)
Receipts from all facilities or service providers
utilized to divert and dispose materials generated during the covered
project; and
(3)
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, in writing, to the owner of
the entity carrying out the covered project.
An owner of the entity carrying out the covered
project may appeal a determination of failure to comply to 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
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.