[HISTORY: Adopted by the Township Committee of the Township
of Colts as indicate in article histories. Amendments noted where
applicable.]
[Adopted 5-8-2024 by Ord. No. 2024-14]
A.
The Colts Neck Township Committee finds that open burning and burning
of combustible materials in a residential setting may pose a serious
hazard to the public health, safety, general welfare, and the quality
of life of Colts Neck residents. The public has a right to and should
be ensured of an environment free from noxious fumes and the threat
of fire. It is the policy of Colts Neck to prevent the danger of fire
from outdoor burning which is a detriment to the public health, comfort,
safety, welfare, and quality of life.
B.
The necessity in the public interest for the provisions, prohibitions,
and controls hereinafter contained and enacted is declared as a matter
of legislative determination and public policy and are for the purpose
of securing and promoting the public health, comfort, safety and general
welfare and quality of life of the residents of Colts Neck.
For the purposes of this article the following definitions shall
apply:
A pit dug into the ground or encased in a noncombustible
surrounding structure in which a fire is kept burning.
Trunks and branches of trees and brushes, but does not include
leaves, needles, vines, brush smaller than three inches in diameter
or yard waste.
Approved containers for open burning as defined by the manufacturers.
Any order, emission, or event that prevents the reasonable
use of one's property.
An outdoor fire where wood or any other combustible materials
are burned. Outdoor burning is allowed at a residential property or
vacant lot without a permit, provided the regulations as set forth
herein are met.
Dry wood which has been milled and dried and has been treated
or combined with any petroleum product, glue, chemical, preservative,
adhesive, stain, paint or other substance.
Dry wood which has been milled and dried but which has not
been treated or combined with any petroleum product, glue, chemical,
preservative, adhesive, stain, paint or other substance.
A.
Outdoor burning in approved containers (noncombustible manufactured
chiminea, outdoor fireplace, outdoor fire pit or other proper noncombustible
stone, cement, brick, tile or metal fire pit) shall be allowed without
a permit at a residential property or vacant lot.
B.
Fires shall be limited to a maximum three foot diameter and two feet
in height, and must be contained in a noncombustible chiminea, outdoor
fireplace, fire pit or other proper noncombustible stone, cement,
brick, tile or metal fire pit materials approved by the Fire Official
or Fire Chief.
C.
Fires must be kept 10 feet from any structure or combustible exterior
wall.
D.
Fires must be kept 20 feet from a side or rear property line. No
fires shall be permitted in a front yard.
E.
Fires must be constantly attended.
F.
A fully functioning fire extinguisher must be available for fire
extinguishment purposes whenever any fire is ongoing. A garden hose
connected to a reliable water supply or five gallon bucket of water
can be used as an alternative to a fire extinguisher.
G.
At any time and should prevailing winds cause the sustained smoke
from said outdoor burning to blow into a neighboring dwelling or property,
said fire must be extinguished immediately. The Fire Official, Fire
Chief or Code Enforcement Officer or their designee are authorized
to require that any residential outdoor fire be immediately extinguished,
if in their opinion said fire constitutes a nuisance or hazardous
condition.
H.
Permitted fuel. Only firewood and untreated lumber are permitted
to be burned. Burning of any other material, including, but not limited
to garbage, rubber, plastics, glass, paper products and yard waste
is prohibited.
I.
All outdoor fires as set forth herein shall be extinguished no later
than 1:00 a.m. or ignited prior to 6:00 a.m.
J.
Should the Fire Official, Fire Chief, Code Enforcement Officer or
designee determine that a chiminea, outdoor fireplace, fire pit or
other noncombustible stone, cement, brick, tile or metal fire pit
is unsafe, said fire pit may be order not to be used until said pit
is deemed safe.
K.
The Fire Official, Fire Chief, Code Enforcement Officer or designee
may order any outdoor fire which creates a nuisance to be extinguished.
L.
Agricultural burning in accordance with a permit issued by the State
Fire Service in the New Jersey Department of Environmental Protection
are exempt from the provisions of this chapter.
