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:
COVERED PROJECT
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.
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.