[Added 2-18-2009 by Ord. No. 09-01]
A.
This article is adopted pursuant to the authority of the Mayor and
Council of the Borough of Woodcliff Lake.
B.
The Borough of Woodcliff Lake Code Enforcement Officer, or any other
person who may hereafter be designated by resolution is hereby authorized
in the name and on behalf of the Borough of Woodcliff Lake to undertake
and prosecute any proceedings necessary or appropriate to enforce
compliance with this article.
It is generally recognized that the types of fuel used, and
the sale and duration of burning by outdoor wood-burning furnaces,
creates noxious and hazardous smoke, soot, fumes, odors and air pollution,
can be detrimental to citizens' health, and can deprive neighboring
residents of the enjoyment of their property or premises. Therefore,
with the adoption of this article, it is the intention of the Borough
of Woodcliff Lake to establish and impose restrictions upon the construction
and operation of outdoor wood-burning furnaces within the limits of
the Borough of Woodcliff Lake for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare and prosperity
of the Borough and its inhabitants.
As used in this article, the following terms shall have the
meanings indicated:
Trunks and branches of trees and bushes, but does not include
leaves, needles, and vines or brush smaller than three inches in diameter.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space.
An accessory structure designed and intended, through the
burning of wood or any solid fuel, for the purpose of heating the
principal structure or any other site, building or structure on the
premises. This does not include fireplaces, fire pits, barbecues or
similar structures not designed to heat a structure.
Dry wood which has been milled and dried but which has not
been treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint or other substance.
Any person who owns or occupies the property at the time
the outdoor wood-burning furnace has been installed and/or operated.
The construction and operation of outdoor wood-burning furnaces
are hereby prohibited within the Borough of Woodcliff Lake.
A.
Any owner, lessee, occupant, builder or other person who shall construct,
alter, repair, convert, maintain or use any building, structure or
premises in violation of any provision of this article or who shall
in any manner violate any such provision shall, upon conviction, be
subject for each such offense by imprisonment not to exceed 90 days
or by a fine not to exceed $500 per day, or both.
B.
Compliance with this article may also be compelled and violations
restrained by injunction of a court of competent jurisdiction. Any
person who violates any provision of this article shall also be subject
to a civil penalty of not more than $500, to be recovered by the Borough
of Woodcliff Lake, in a civil action. Each week's continued violation
shall be, for this purpose, a separate and distinct violation.
C.
In the event the Borough of Woodcliff Lake is required to take legal
action to enforce this article, the violator will be responsible for
any and all necessary costs incurred by the Borough relative thereto,
including attorneys' fees, and such amount shall be determined and
assessed by the court. If such expense is not paid in full within
30 days from the date it is determined and assessed by the court,
such expense shall be charged to the property so affected by including
such expense in the next annual Borough tax levy against the property.
A.
Except as hereinafter provided, the lawful use of any outdoor wood-burning
furnace existing at the time of the adoption of this article may be
continued, although such use does not conform with the provisions
of this article.
B.
The only fuels allowed shall be those listed fuels recommended by
the manufacturer. The following are prohibited: trash, plastics, gasoline,
rubber, naphtha, and household garbage, material treated with petroleum
products (particle board, railroad ties and pressure-treated wood),
leaves, paper products and cardboard.
C.
Users must following the manufacturer's written instructions for
recommended loading times and amounts.
D.
Lighter fluids, gasoline or chemicals to start the furnace are prohibited.
E.
The unit must be located with the consideration to the prevailing
wind direction.
F.
No outdoor wood-burning furnace existing at the time of the adoption
of this article shall thereafter be extended or enlarged.
G.
Any outdoor existing wood-burning furnace which is abandoned or discontinued
for a period of seven consecutive months shall not be permitted to
be reestablished as a nonconforming use, and must be immediately removed
by the property owner from the subject premises.
(1)
If the property owner fails to remove the outdoor wood-burning furnace
by the end of said seven-consecutive-month period, the Borough of
Woodcliff Lake Enforcement Officer shall give written notice by certified
mail or personal service to the owner of the property upon which the
outdoor wood-burning furnace is located. Such notice shall provide
that said owner shall remove the outdoor wood-burning furnace within
15 days of the date the notice is either postmarked or personally
served upon the owner.
(2)
Should the outdoor wood-burning furnace not be removed within the
time specified, the Code Enforcement Officer shall take reasonable
steps to effect its removal.
(3)
The costs incurred by the Borough to effect said removal (including
any attorney fees incurred by the Borough to effect the removal),
plus an amount equal to 50% of said costs of removal, shall be charged
to the owner of said premises. Said expense shall be paid by the owner
of the property so affected within 30 days from the date said costs
are presented to the owner. If said expense is not paid within said
thirty-day time frame, then said expense shall be charged to the property
so affected by including such expense in the next annual Borough tax
levy against the property.
H.
No existing outdoor wood-burning furnace which has been damaged by
any reason to the extent of more than 50% of its assessed value for
the Borough of Woodcliff Lake tax purposes shall be repaired or rebuilt.
