[HISTORY: Adopted by the Township Committee of the Township of Independence 5-10-2011 by Ord. No. 2011-03. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 175.
Fire prevention — See Ch. 215.
Land development — See Ch. 255.
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. 
Such furnaces must be located 100 feet from any property line or 300 feet from any neighboring residential building, whichever is greater, and shall only be located in the side or rear yards.
C. 
Only clean wood may be utilized to fire such furnace. Such clean wood shall consist of dry, seasoned wood or wood pellets.
D. 
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: Any wood that does not meet the definition of clean wood; garbage; tires; lawn clippings; materials containing plastic; materials containing rubber; waste petroleum products; paints and paint thinners; chemicals; glossy or colored papers; construction and demolition debris; plywood; particleboard; salt water driftwood; manure; animal carcasses; asphalt products; treated or painted wood; 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 a 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 Warren County Board of Health may enforce this provision according to their general authority-to-abate-nuisance 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 install and/or operate an outdoor wood furnace shall first apply to the Township of Independence Zoning Official for a permit and provide the required information in accordance with the Zoning application fee schedule. The Township of Independence Construction 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 Zoning Official, Construction Official or Warren County Board of Health as the case may be.
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.