Borough of Park Ridge, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Park Ridge 2-24-2009 by Ord. No. 2009-05.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 60.
Property maintenance — See Ch. 80.
Public health nuisances — See Ch. 112.
[1]
Editor's Note: This ordinance was adopted as Ch. 75, but was redesignated as Ch. 63 in order to maintain the organization of the Code.
This chapter may be cited as the "Borough of Park Ridge Outdoor Wood-Burning Furnace Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
FIREWOOD
Trunks and branches of trees and bushes, but does not include leaves, needles, vines or brush smaller than three inches in diameter.
OUTDOOR FURNACE
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.
OUTDOOR WOOD-BURNING FURNACE
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.
UNTREATED LUMBER
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.
The construction and operation of outdoor furnaces and outdoor wood-burning furnaces are hereby prohibited within the Borough of Park Ridge.
Any outdoor furnaces or outdoor wood-burning furnaces in existence on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit from the Borough of Park Ridge Construction Code Office, on the forms provided, within one year of the effective date of this chapter. Notwithstanding the fact that any outdoor furnaces or outdoor wood-burning furnaces in existence on the effective date of this chapter has one year to receive a permit, any existing outdoor furnaces or outdoor wood-burning furnaces must comply with the applicable sections of this chapter within 60 days of the effective date of this chapter. If the owner of an outdoor furnace or outdoor wood-burning furnace does not receive a permit within one year of the effective date of this chapter, the outdoor furnace or outdoor wood-burning furnace shall be removed. "Existing" or "in existence" shall mean that the outdoor furnace or outdoor wood-burning furnace is in place on the premises.
A. 
Except as hereinbefore provided, the lawful use of any outdoor furnace or outdoor wood-burning furnace existing at the time of the effective date of this chapter may be continued, although such use does not conform with the provisions of the Borough Code of Park Ridge.
B. 
For those outdoor furnaces or outdoor wood-burning furnaces that are in existence prior to the effective date of this chapter, the only fuel allowed shall be those listed fuels recommended by the manufacturer, including firewood and untreated lumber. Burning of any and all other materials in any existing outdoor furnace or outdoor wood-burning furnace shall be prohibited.
C. 
Emissions from the outdoor furnace or outdoor wood-burning furnace shall not exhibit greater than twenty-percent opacity (six-minute average), except for one continuous six-minute period per hour of not more than twenty-seven-percent opacity.
D. 
Malodorous air contaminants from the outdoor furnace or outdoor wood-burning furnace shall not be detectable outside the property of the person on whose land the outdoor furnace or outdoor wood-burning furnace is located.
E. 
The emissions from the outdoor furnace or outdoor wood-burning furnace shall not interfere with the reasonable enjoyment of life or property.
F. 
The emissions from the outdoor furnace or outdoor wood-burning furnace shall not cause damage to vegetation or property.
G. 
The emissions from the outdoor furnace or outdoor wood-burning furnace shall not be harmful to human or animal health.
H. 
No outdoor furnace or outdoor wood-burning furnace existing at the effective date of this chapter shall thereafter be extended or enlarged.
I. 
No existing outdoor furnace or 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 Park Ridge tax purposes shall be repaired or rebuilt.
J. 
Any outdoor furnace or outdoor wood-burning furnace existing at the effective date of this chapter which is abandoned or discontinued for a period of six 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 furnace or outdoor wood-burning furnace existing at the effective date of this chapter by the end of the period of six consecutive months, the Borough of Park Ridge Zoning Officer shall give written notice, by certified mail or by personal service, to said owner upon which the outdoor furnace or outdoor wood-burning furnace is located. Said notice shall provide that said owner shall remove the existing outdoor furnace or outdoor wood-burning furnace within 15 days of the date the notice is either postmarked or personally served upon said owner.
(2) 
In the event that the property owner fails to remove the outdoor furnace or outdoor wood-burning furnace within the aforesaid specified period of time, the Park Ridge Zoning Officer shall take any and all reasonable steps to effect its removal.
(3) 
Any costs incurred by the Borough of Park Ridge to effect said removal (including any legal and other expenses 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. The aforesaid expenses shall be paid by the owner of the said premises so affected within 30 days from the date said costs are presented to said owner. If the aforesaid expenses are not paid within said thirty-day-period time frame, then said expenses shall be charged to the said premises so affected by including such expenses in the next annual Borough tax levy against the subject premises.
The Construction Code Office shall be and is hereby designated as the agency to exercise the powers prescribed by this chapter and to enforce the provisions thereof.
Any person who violates any provision of this chapter or of the rules and regulations adopted pursuant thereto shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 10 days, or both. Any subsequent offense shall be punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 30 days, or both. In addition, any permit issued pursuant to this chapter shall be revoked upon conviction of a second offense, and the subject outdoor furnace or outdoor wood-burning furnace shall not be eligible for any future permit. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. The owners of the subject premises upon which prohibited acts occur shall be jointly and severally liable for violations of this chapter. Any fine imposed hereunder shall constitute a lien upon the real property where the outdoor furnace or outdoor wood-burning furnace is located until said fines and costs are paid in full.
Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, New Jersey State Department of Environmental Protection, or other federal, state, county, regional or local agency. Outdoor furnaces or outdoor wood-burning furnaces, and any electrical, plumbing or other apparatus or device used in connection with an outdoor furnace or outdoor wood-burning furnace, shall be installed, operated and maintained in conformity with the manufacturer's specifications and any and all local, state, county and federal codes, laws, rules and regulations. In case of a conflict between any provision of this chapter and any applicable federal, state, county or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail.
All ordinances or parts of ordinances inconsistent with this chapter are hereby repealed to the extent of such inconsistency only.
If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision, and the remainder of this chapter shall be deemed valid and effective.
This chapter shall take effect immediately following final passage, adoption and publication as provided by law.