[HISTORY: Adopted by the Township Council
of the Township of Stafford 2-21-2006 by Ord. No. 2006-14. Amendments noted
where applicable.]
No person shall start, kindle, cause, allow
or maintain any form of open burning of materials on public or private
property, except as specifically authorized by this chapter. No person
shall allow the accumulation or existence of combustible material
that constitutes or contributes to open burning.
The following types of open burning are allowed:
A.
Burning of charcoal, dry, clean untreated wood, and/or
other cooking fuels in an outdoor grill; traditional food cooking
devices; outside fireplace or chiminea which is constructed of metal,
concrete, brick, earth, or other nonflammable substance which is designed
to contain burning.
[Amended 5-12-2020 by Ord. No. 2020-07]
A special open burn permit may be granted by
the Fire Prevention Subcode Official upon the satisfaction of the
following requirements:
A.
The applicant submits a written request to the Fire
Prevention Subcode Official, along with a permit fee, at least 10
days prior to the proposed open burn or fire. The permit fee shall
the amount required in the New Jersey Uniform Fire Code for a Type
1 Permit as set forth in N.J.A.C. 5:70-2.9; for ease of reference
only, at the time of publication this fee is $54.
B.
The written request shall include the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The reason for the request for open burn and the type
of event.
(3)
Date, time and place of proposed open burn.
(4)
Type of fuel and/or accelerants intended to be used
for the burn.
(5)
Manner by which the applicant intends to extinguish
the fire.
(6)
Names of those persons who shall be creating the fire
is mandatory.
(7)
Any additional information which the Fire Prevention
Subcode Official shall find reasonably necessary for the fair determination
as to whether a permit shall be issued.
C.
No special
open burn permit shall be granted if the requested activity is inconsistent
with New Jersey Department of Environmental Protection Regulations
on the Control and Prohibition of Open Burning set forth at N.J.A.C.
7:21-2.1 et seq.
Any open burn conducted under the authority of a permit issued pursuant to § 147-3 shall meet the following conditions:
A.
Only clean, untreated wood or charcoal may be used.
Paper or petroleum products can only be used for ignition purposes.
B.
The fire shall not be ignited more than two hours
before the permitted activity is to take place, and shall be extinguished
immediately upon the conclusion of the activity.
C.
The dimensions of the pile to be burned shall be no
more than five feet in height, five feet in width, and five feet in
length.
D.
The open burn or fire shall not be utilized for disposal
purposes.
E.
The fire shall not be within 500 feet of a pipeline
or fuel storage area.
F.
All fires shall be no less than 30 feet from the nearest
wall of any building, or any wooden structure, and should be no less
than 15 feet from any property line, street or alley.
G.
Fires must be attended at all times until completely
extinguished.
H.
Fire-fighting equipment adequate for the size of the
fire shall be on site and within reasonable distance from the fire
during the times of burning.
I.
All burning shall comply with any other federal, state
and local laws, rules and ordinances.
J.
If the fire becomes a nuisance to neighboring properties,
or is otherwise unsafe or considered uncontrollable, the fire must
be extinguished immediately by the applicant.
K.
If the Fire Prevention Subcode Official determines
on the day of the burn that the weather conditions, including but
not limited to, high winds, air stagnation or temperature inversion,
are unacceptable for burning, the Fire Prevention Subcode Official
shall prohibit any burning whatsoever.
A.
The provisions of this chapter shall be enforceable
by the Fire Prevention Subcode Official, the Code Enforcement Officer
and/or the Stafford Township Police Department.
B.
Each subsequent starting, kindling, causing or allowing
of a new open burn or fire shall be considered a separate offense
under this chapter.
C.
Any person violating or failing to comply with any
of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not less than $100 and not more than $1,250,
by imprisonment for a term not to exceed 90 days, or by community
service of not more than 90 days, or any combination of fine, imprisonment
and community service as determined in the discretion of the Municipal
Court Judge.
D.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
