[HISTORY: Adopted by the Mayor and Council of the Borough of Wanaque 2-11-2008 by Ord. No. 1-0-08; amended in its entirety 7-14-2008 by Ord. No. 13-0-08. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 67A.
Fire prevention — See Ch. 73.
Hazardous materials — See Ch. 74B.
Property maintenance — See Ch. 88.
Zoning — See Ch. 114.
Housing standards (Board of Health) — See Ch. 123.
Health nuisances (Board of Health) — See Ch. 127.
As used in this chapter, the following terms shall have the meanings indicated:
OUTDOOR WOOD FURNACE (also known as OUTDOOR HYDRONIC HEATERS or OUTDOOR WOOD-FIRED BOILERS)
A structure or fuel-burning device designed to burn wood or other approved solid fuels in an outdoor installation which heats building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture. It may also be a wood or approved solid-fuel-fired water-jacketed stove that provides heat and/or hot water to new or existing stoves.
No person, corporation or entity shall install, construct or operate an outdoor wood-burning furnace unless in compliance with the provisions of this chapter.
A. 
There shall be no operation or use of an outdoor wood-burning furnace during the period from May 1 to October 1 in any year.
B. 
Outdoor wood-burning furnaces shall only be installed, or operated, on lots in excess of two acres.
C. 
Such furnaces must be located 300 feet from any property line.
D. 
The top of the smoke stack or chimney must extend at least 20 feet above the top roofline of any neighboring residential building.
E. 
Only clean wood may be utilized to fire such furnace. Such clean wood shall consist of dry, seasoned wood or wood pellets.
F. 
Particulate emissions from said furnace shall not exceed 44 pounds of particulate per one million BTUs produced in the boiler (not delivered to the house).
G. 
All installations and users shall comply with all state laws, New Jersey Department of Environmental Protection regulations, New Jersey Department of Community Affairs and New Jersey State health regulations as well as local and County Board of Health ordinances and regulations.
No person shall burn any of the following items in an outdoor wood-burning furnace:
A. 
Any wood that does not meet the definition of clean wood.
B. 
Garbage.
C. 
Tires.
D. 
Lawn clippings.
E. 
Materials containing plastic.
F. 
Materials containing rubber.
G. 
Waste petroleum products.
H. 
Paints and paint thinners.
I. 
Chemicals.
J. 
Coal.
K. 
Glossy or colored papers.
L. 
Construction and demolition debris.
M. 
Plywood.
N. 
Particleboard.
O. 
Salt water driftwood.
P. 
Manure.
Q. 
Animal carcasses.
R. 
Asphalt products.
S. 
Treated or painted wood.
T. 
Any substance that normally emits dense smoke or obnoxious odors.
Outdoor wood-burning furnaces must comply with all applicable laws, including but not limited to local ordinances, Board of Health regulations, and federal, state and county laws and regulations.
A. 
No person shall cause or allow a smoke plume to exceed an average of twenty-percent opacity for six consecutive minutes in any one-hour period.
B. 
Exception: Visible emissions may not exceed forty-percent opacity for 20 consecutive minutes during the set-up period of a new fire. This only includes initial firing of the unit where no coal bed exists. This exception does not apply to refueling.
No person shall operate an outdoor wood furnace in such manner as to create a public or private nuisance. No person shall cause or allow emissions of air contaminants to the outdoor atmosphere of such quantity, characteristic or duration that is injurious to human, plant or animal life or to property, or that unreasonably interferes with the comfortable enjoyment of life or property. Notwithstanding the existence of specific air quality standards or emission limits, this prohibition applies, but is not limited to, any particulate, fume, gases, mist, odor, smoke, vapor, toxic or deleterious emission, either alone or in combination with others. The Wanaque Board of Health and/or the Wanaque Health Officer may enforce this provision according to their general authority-to-abate-nuisances provisions within this chapter, the New Jersey air quality regulations as well as any other state or county applicable laws or regulations.
Any person or entity seeking to install and/or operate an outdoor wood furnace shall first apply to the Borough of Wanaque for a permit and provide the required information. At the time of filing the application, the applicant shall pay a fee of $25. The Borough of Wanaque Code Enforcement Officer or his designee shall inspect and approve the installation and/or operation of the furnace and shall ensure that all required permits and ordinances shall have been obtained or met. No one may install or operate such a furnace without such approval.
This chapter may be enforced by the Wanaque Board of Health, Wanaque Health Officer or the Wanaque Police Department.
Any person found guilty of violating the provisions of this chapter shall be subject to the following penalties:
A. 
First offense: a fine of $250.
B. 
Second offense: a fine not to exceed $500; a discretionary imposition of community service not to exceed five days.
C. 
Third and subsequent offenses: surrender and dismantlement of the outdoor wood furnace, the owner being responsible for the removal and disposition thereof, a fine not to exceed $1,000 and discretionary community service not to exceed 10 days.
Any ordinance inconsistent with this chapter is hereby repealed, but only to the extent of such inconsistencies.
This chapter shall take effect upon final adoption and publication according to law.