[HISTORY: Derived from Sec. 10-5 of the 1999 Code of the Township of Clinton. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A person who is required by this chapter to submit a construction debris management plan.
- DEMOLITION WASTE
- Paint or their receptacles, caulking compounds and their receptacles, sealing compounds and their receptacles, oils and fuels, thinners, lacquers and finishing agents and their receptacles, materials containing asbestos, electrical equipment wastes, solders and welding compounds, roofing compounds, tars and tar paper and any liquids as defined in N.J.A.C. 7:26-1 and any hazardous substance regulated pursuant to P.L. 1976, c. 141 (N.J.S.A. 58:10-23.11) as amended.
- INERT CONSTRUCTION DEBRIS AND VEGETATION WASTE
- Asphalt, cardboard, glass, masonry materials, including bricks, cement and concrete, nonasbestos insulation, paper waste and wallboard, rock and gravel, wood, metal, tree parts and stumps generated on-site.
- SOLID WASTE
- Garbage, refuse and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials, including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms and except for inert construction debris and vegetation waste.
No person shall bury on-site inert construction debris, vegetation waste, demolition waste or solid waste unless said is buried pursuant to a construction debris management plan approved by the Township Engineer.
No person required by this chapter to file a construction debris management plan shall commence construction or demolition activities unless the construction debris management plan has been approved by the Township Engineer.
All persons who are required to obtain approval of the Planning Board involving the construction of new buildings or structures or who are proposing the demolition of any building or structure shall file.
The Township Engineer shall review the construction debris management plan (CDMP) and either approve with conditions, or deny giving reasons therefor. Such a determination shall be made within 60 days of receiving the CDMP.
The Mayor and Council designate the Township Construction Code Official to conduct inspections pursuant to this chapter.
The Township of Clinton may charge the applicant reasonable fees to recover and collect the cost of providing the inspections pursuant to this chapter.
If the Township Construction Code Official has reasonable cause to believe that inert construction debris, vegetation waste, demolition waste or any solid waste has been buried on site in violation of this chapter, the Construction Code Official shall:
Upon three days' notice, order the applicant to cease activities on site.
Order the applicant at the applicant's expense to exhume the site and remove and properly dispose of any debris and waste placed therein and restore the terrain to a state comparable to that which existed prior to the exhumation.
The applicant, upon request and with the approval of the Township Engineer, may chip trees and tree stumps on site for use thereon.
The applicant shall file with the Township Engineer a plan which identifies the location, size and depth of a fill area for the on-site disposal of inert construction debris and vegetative waste and includes a list of the amount and types of such wastes to be disposed of therein.
The construction management plan shall identify the location, size and depth of the fill area.
The construction debris management plan shall site a fill area under an open space area within property line setback requirements, outside of any other deed-restricted area, at a minimum of 50 feet from any foundation, utility line or roadway and at a minimum of 25 feet from any septic system, 100 feet from any potable well and 50 feet from any property line.
The applicant, with approval of his/her construction debris management plan, shall limit the size of each fill area to 1,000 cubic yards or less.
The applicant shall compact the inert construction debris and vegetative waste and place layers of soil on or around the debris and waste as it is placed into a fill area to minimize voids, cover the exposed top surface of the debris and waste with at least two feet of clean well.
The applicant shall grade, stabilize and seed a fill area in accordance with the provisions of the approved soil erosion and sediment control plan whenever such a plan is required pursuant to N.J.S.A. 4:24-39 et seq.
The applicant shall maintain the fill area for a period of two years after the date of closure. This shall include regrading and restabilizing as needed to compensate for any ground settlement in a fill area.