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.
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.
E. Materials containing plastic.
F. Materials containing rubber.
G. Waste petroleum products.
H. Paints and paint thinners.
K. Glossy or colored papers.
L. Construction and demolition debris.
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.
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.