Ordinance No. 2007-11    Defeated - Not Adopted

AN ORDINANCE REGULATING THE INSTALLATION AND USE OF OUTDOOR FURNACES

WHEREAS,the Wantage Township Committee believes it is in the best interest of the Township to provide guidelines for the installation and use of outdoor furnaces.

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Wantage, that Chapter 8-3 of the Code of the Township of Wantage is hereby added:

Section 1.  §8-3.1 shall read as follows: 

§8-3.1 – Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

Outdoor Furnace:  a self-contained unit, furnace or boiler designed to provide heating to a building or structure, which unit is located outside of that building or structure.
           
Section 2.     §8-3.2 shall read as follows:

§8-3.2  – Location and Use Restrictions.

a. With respect to any outdoor furnaces installed, such outdoor furnaces must be set back a minimum of 50 feet from any property line.

b. The use of such furnaces must follow all operating instructions supplied by the manufacturer.

c. The only fuels allowed shall be those listed fuels recommended by the manufacturer.  The following fuels are prohibited:  Trash, plastics, gasoline, rubber, household garbage, material treated with petroleum products (particle board, railroad ties and pressure-treated wood), leaves, paper products and cardboard.

d. Users must follow the manufacturer’s written instructions for recommended loading times and amounts.

e. Lighter fluids, gasoline or chemicals to start the furnace are prohibited.  Newspaper may be used as a starting fuel only.

f. The unit must be located with due consideration to the prevailing wind direction.

g. Stack location.

(1) If located 50 feet or less to any residence not served by the furnace, the stack must be at least two feet higher than the eave line of that residence.

(2) If located more than 50 feet, but no more than 100 feet to any residence not served by the furnace, the stack must be at least 75% of the height of the eave line of that residence, plus an additional five feet.

(3) If located more than 100 feet but no more than 150 feet to any residence not served by the furnace, the stack must be at least 50% of the eave line of that residence, plus an additional five feet.

(4) If located more than 150 feet but no more than 200 feet to any residence not served by the furnace the stack must be at least 25% of the height of the eave line of that residence, plus an additional five feet.

h.Outdoor furnaces shall be in compliance with the current New Jersey International Mechanical Code Chapter 8, “Chimneys and Vents”.

i.  Outdoor furnaces may not be partially or completed enclosed within any other structure.

j. All outdoor furnaces shall be equipped with properly functioning spark arrestors.

Section 3.     §8-3.3 shall read as follows:

§8-3.3 – Compliance with other regulations.

All outdoor furnaces must comply with all other county, state or federal guidelines for the same.

Section 4.     §8-3.4 shall read as follows:

§8-3.4 – Seasonal Use.

Outdoor furnaces may only be used from October 1st to April 15th of each year as listed in the Property Maintenance Section, PM 602.2.1..

Section 5.     §8-3.5 shall read as follows:

§8-3.5 – Permitted required; Fee.

Any resident wishing to install an outdoor furnace must secure a permit form the Code Enforcement Officer of the Township of Wantage and a copy of the regulations from the Township of Wantage.  The permit fees will be established from time to time by the Township Committee which will be in the minimum amount of $25 per unit.  Residents will need to obtain a Zoning Permit for the location of the furnace/boiler on the property and a Construction Permit for the installation of the furnace/boiler and piping.

Section 6.     §8-3.6 shall read as follows:

§8-3.6 – Violations and Penalties.

Any person, firm, partnership, corporation or entity violating any provision of this chapter shall, upon conviction, be subject to the penalties set forth in Chapter 1, Article 3 of the Code of the Township of Wantage.
           
Section 7.     §8-3.7 shall read as follows:

§8-3.7 – Complaints.

Any resident who has secured a permit to install an outdoor furnace in doing so will also be agreeing to allow the Town Code Enforcement Officer or any other person designated by the Township to inspect the outdoor furnace if a complaint is filed in writing relative to a violation of this chapter.

Section 8.  Repealer.    All ordinances or parts of ordinances or resolutions inconsistent or in opposition to the provisions of this Ordinance are hereby repealed in their entirety. 

Section 9.  Severability.                   If any provision of this ordinance or the application of this ordinance to any person or circumstances is held invalid, the remainder of this ordinance shall not be affected and shall remain in full force and effect. 

Section 10.  Effective Date.  This Ordinance shall take effect after publication and passage according to law.

William DeBoer, Mayor

ATTEST:

___________________________________
James Doherty, Administrator/Municipal Clerk

NOTICE

TAKE NOTICE that the above entitled ordinance was introduced at a regular meeting of the Mayor and Township Committee of the Township of Wantage, County of Sussex, New Jersey, held on August 9, 2007, and will be considered for final passage after public hearing at a regular meeting of the Mayor and Township Committee to be held on September 13, 2007 at 8:00 p.m. in the Municipal Building, Route 23, Wantage, New Jersey.  During the preceding week, copies of the ordinance will be made available at the Clerk's office in the Municipal Building to members of the general public.

____________________________________
James R. Doherty, Administrator/Clerk