This first section of your ordinance should clarify your reasons and purpose for adopting a construction and demolition (C&D) diversion ordinance. Some ordinances use simple “Whereas” statements outlining their reasons, while others combine all their reasons into one introductory paragraph. The types of statements you may want to include will also depend on the specificity of your ordinance.
In addition to the sample statements included in the model, some jurisdictions have included additional statements, depending on the content and objective of their ordinance. For example, some have included statements that:
- Provide the source of a jurisdiction’s regulatory authority for adopting and implementing ordinances.
- Acknowledge that certain material types generated from certain types of projects (for example, concrete and asphalt generated from demolition projects) may already be diverted because of economic incentives, and therefore such projects are exempt from the ordinance.
- Recognize that requiring C&D diversion may increase a project’s cost.
- Clarify the jurisdiction’s preference regarding the use of C&D material as alternative daily cover (ADC).