[HISTORY: Adopted by the Township Committee of the Township
of Independence 5-10-2011 by Ord. No. 2011-03. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
