[Adopted 8-12-2008 by Ord. No. 08-10]
The construction of new buildings and additions to existing
buildings for which a building permit is required.
A construction, renovation, or demolition project for which
a building permit or demolition permit is required.
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.
The complete removal of an existing building for which a
demolition permit is required
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.
