The purpose of this chapter is to reduce landfill waste by requiring
an applicant for every covered project to divert a minimum of fifty
percent by weight of the construction and demolition debris resulting
from that project in compliance with state and local statutory goals
and policies and to create a mechanism to secure compliance with the
stated diversion requirement.
(Ord. 1811 § 1, 2005)
For the purposes of this chapter, the following definitions
shall apply:
"Applicant"
means any individual, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity whatsoever
who applies to the city for the applicable permits to undertake any
construction, demolition, or renovation project within the city.
"Construction"
means the building of any facility or structure or any portion
thereof including any tenant improvements to an existing facility
or structure and includes, without limitation, alterations or improvements
to an existing structure.
"Conversion rate"
means the rate set forth in the standardized conversion rate
table approved by the city pursuant to this chapter for use in estimating
the volume or weight of materials identified in a waste management
plan.
"Demolition"
means the decimating, razing, ruining, tearing down or wrecking
of any facility, structure, pavement or building, whether in whole
or in part, whether interior or exterior.
"Diversion requirement"
means the diversion of at least fifty percent by weight of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section
6.09.110 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP compliance official for the project.
"Performance security"
means any company checks, money order, or certificate of deposit submitted to the city pursuant to Section
6.09.070 of this chapter.
"Project"
means any activity which requires an application for a building
or demolition permit or any similar permit from the city.
"Recycling"
means the process of collecting, sorting, cleansing, treating,
and reconstituting materials that would otherwise become solid waste,
and returning them to the economic mainstream in the form of raw material
for new, reused, or reconstituted products which meet the quality
standards necessary to be used in the marketplace.
"Renovation"
means any change, addition, or modification of an existing
structure.
"Reuse"
means further or repeated use of construction or demolition
debris.
"Salvage"
means the controlled removal of construction or demolition
debris from a permitted building or demolition site for the purpose
of recycling, reuse, or storage for later recycling or reuse.
"Valuation"
means the estimated cost to replace the building or structure
in kind, based on current replacement costs as determined by the city
building official pursuant to Ordinance 1761.
"Waste management plan (WMP)"
means a completed WMP form, approved by the city for the
purpose of compliance with this chapter, submitted by the applicant
for any covered project.
(Ord. 1811 § 1, 2005)
The following projects are exempt from the requirements of this
chapter:
(1) Immediate
or emergency demolition required to protect the public health, safety
or welfare, as determined by any public safety official, building
official, or code compliance officer of the city given prior to demolition;
(3) Work
for which a building or demolition permit is not required by this
code;
(4) Projects
for which only a plumbing permit, electrical permit or mechanical
permit is required;
(5) Roofing
projects that do not include removal of the existing roof;
(6) A
project for which an exception, conditional use permit or design review
approval has been obtained from the city prior to the effective date
of the ordinance codified in this chapter;
(7) A
project for which a valid application for a building permit has been
lawfully submitted to the city prior to the effective date of the
ordinance codified in this chapter;
(8) A
project of city public works or city public construction for which
the notice inviting bids has been published pursuant to Section 20160
et seq. of the California
Public Contract Code prior to the effective
date of the ordinance codified in this chapter.
(Ord. 1811 § 1, 2005)
The applicant for a covered project shall divert a minimum of
fifty percent by weight of the construction and demolition debris
resulting from the project.
(Ord. 1811 § 1, 2005)
The applicant for any covered project shall submit with the
WMP a performance security. The amount of the performance security
shall be calculated as the lesser of three percent of total project
valuation cost as determined by the building official or ten thousand
dollars. Acceptable forms of performance security include the following:
personal checks, company checks, money orders, and certificates of
deposit.
(Ord. 1811 § 1, 2005)
An administrative fee as authorized by resolution of the council,
for processing the WMP shall be paid to the city prior to issuance
of any permits.
(Ord. 1811 § 1, 2005)
The applicant shall pay the costs of any code enforcement activities,
including attorneys' fees, resulting from the violation of any conditions
of approval or any provision of the Glendora Municipal Code.
Any violation of the construction and demolition waste management
ordinance or any entitlement granted is considered a misdemeanor punishable
by a fine not to exceed one thousand dollars and/or by imprisonment
in the county jail for a period not to exceed six months. Each day
or portion of a day during which any violation of the construction
and demolition waste management ordinance occurs or continues, constitutes
a separate offense and shall be punishable as provided.
(Ord. 1811 § 1, 2005)