[Adopted 4-24-2008 by Ord. No. 10-08]
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 Municipal Recycling Enforcement Coordinator prior to the commencement of any activity for which municipal approval is required, as further identified above. The debris recovery plan shall identify the types and estimated quantities of construction, renovation and demolition ("C, R & D") 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 debris recovery 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 Enforcement Coordinator, 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. A copy of the approved debris recovery plan shall be submitted to the Township Construction Official by the applicant prior to the issuance of any demolition permit or construction permit for the covered project.
[Amended 7-11-2019 by Ord. No. 26-19]
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 that submitted the debris recovery 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 Enforcement Coordinator.
A. 
Application. If the owner of an entity carrying out a covered project experiences circumstances that make it not feasible to comply with the diversion requirement cited in this article, the owner of the entity may apply for an adjustment. The owner shall indicate in writing why it is not feasible 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 Enforcement Coordinator shall review the information supplied by the owner. If warranted, the Municipal Recycling Enforcement 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 Enforcement Coordinator determines that it is not feasible for the entity carrying out a covered project to divert 50% of the generated C, R & D 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 percent of C, R & D debris required by the adjustment. A copy of the approved adjusted debris recovery plan shall be submitted to the Township Construction Official by the applicant prior to the issuance of any demolition permit or construction permit for the covered project.
[Amended 7-11-2019 by Ord. No. 26-19]
D. 
Denial of adjustment. If the Municipal Recycling Enforcement 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 Enforcement 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;
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.
[Amended 7-11-2019 by Ord. No. 26-19]
The Municipal Recycling Enforcement 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. A copy of the determination that the approved debris recovery plan has been complied with shall be submitted to the Township Construction Official by the applicant prior to the issuance of any certificate of approval, temporary or final certificate of occupancy, as applicable, for the covered project.
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, directed to the Business Administrator or his/her designee, and shall state the facts and basis for the appeal. A decision by the Business Administrator or his/her designee shall be final.
[Amended 7-11-2019 by Ord. No. 26-19]
The Municipal Recycling Enforcement Coordinator shall have the primary responsibility for enforcement of the regulations cited in this article; provided, however, that the regulations shall also be enforced by one or more of the following: 1) the Township's Property Maintenance Officer or his or her designee; 2) the Health Officer/Environmental Specialist or his or her designee; and/or 3) members of the Police Department, each acting within their respective jurisdiction and sphere of authority. In addition, other Township staff or agencies, including but not limited to the Building Department, Engineering Department and Public Works Department may, if they become aware of a violation or possible violation of the regulations cited in this article, notify the appropriate enforcement personnel of such violation. Enforcement activities may consist of on-site inspections of dumpsters or roll-off containers, the sorting of receptacles, the opening of solid waste bags or containers to detect, by sight or sound, the presence of any recyclable materials. The respective enforcing official may, in his or her discretion, post warning stickers for a first offense.
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 of not less than $250, nor more than $1,000. Each and every a day a violation occurs shall be deemed a separate and distinct violation.