[HISTORY: Adopted by the Mayor and Council of the Borough
of Swedesboro 11-7-2005 (Ch. 82 of the 1982 Code). Amendments noted where applicable.]
This chapter shall be known as the "Borough of Swedesboro Outdoor
Furnace Ordinance."
Although outdoor furnaces may provide an economical alternative
to conventional heating systems, concerns have been raised regarding
the safety and environmental impacts of these heating devices, particularly
the production of offensive odors and potential health effects of
uncontrolled emissions. This chapter is intended to ensure that outdoor
furnaces are utilized in a manner that does not create a nuisance
and is not detrimental to the health, safety and general welfare of
the residents of the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
Trunks and branches of trees and bushes but does not include
leaves, needles, vines or brush smaller than three inches in diameter.
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.
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.
No person shall cause, allow or maintain the use of an outdoor
furnace within the Borough of Swedesboro without first having obtained
a permit from the County Fire Marshal. Application for permit shall
be made to the Fire Marshal on the forms provided.
Any outdoor furnace 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 County Fire Marshal within one year of such effective date. Notwithstanding the fact that any outdoor furnace in existence on the effective date of this chapter has one year to receive a permit, any existing outdoor furnace must comply with §§ 222-6 and 222-7 of this chapter within 60 days of the effective date of this chapter. If the owner of an existing outdoor furnace does not receive a permit within one year of the effective date of this chapter, the outdoor furnace shall be removed. "Existing" or "in existence" means that the outdoor furnace is in place on the site.
A.
Permitted fuel: Only firewood and untreated lumber are permitted
to be burned in any outdoor furnace. Burning of any and all other
materials in an outdoor furnace is prohibited.
B.
Permitted zones: Outdoor furnaces shall be permitted only in the
LM Zoning District as shown on the Borough's Zoning Map.
C.
Minimum lot size: Outdoor furnaces shall be permitted only on lots
of three acres or more.
D.
Setbacks: Outdoor furnaces shall be set back not less than 200 feet
from the nearest lot line.
E.
Months of operation: Outdoor furnaces shall be operated only between
September 1 and May 31.
F.
Spark arrestors: All outdoor furnaces shall be equipped with properly
functioning spark arrestors.
A.
A permit issued pursuant to this chapter may be suspended as the
County Fire Marshal may determine to be necessary to protect the public
health, safety and welfare of the residents of the Borough of Swedesboro
if any of the following conditions occurs:
(1)
Emissions from the outdoor furnace 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;
(2)
Malodorous air contaminants from the outdoor furnace are detectable
outside the property of the person on whose land the outdoor furnace
is located;
(3)
The emissions from the outdoor furnace interfere with the reasonable
enjoyment of life or property;
(4)
The emissions from the outdoor furnace cause damage to vegetation
or property; or
(5)
The emissions from the outdoor furnace are or may be harmful to human
or animal health.
B.
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this chapter subject to the penalties provided in § 222-9 hereof.
Where the Borough Board of Health finds that extraordinary and
unnecessary hardships may result from strict compliance with this
chapter, it may vary the regulations so that substantial justice may
be done and the public interest secured, provided that such variations
will not have the effect of nullifying the intent and purpose of this
chapter or of jeopardizing the health, safety or welfare of the public.
In varying any regulations, the Board of Health may impose such conditions
and requirements as it deems reasonable and prudent. The Board of
Health may, at its discretion, hold a public hearing as part of its
review. If the Board of Health grants the waiver, a permit shall be
issued for the outdoor furnace. If the Board of Health denies the
waiver, the outdoor furnace must either be brought into compliance
with the chapter or removed. If the Board of Health does not take
any action with respect to the waiver within 60 days from its receipt
of an application for waiver, the waiver shall be deemed denied.
Failure to comply with any of the provisions of this chapter shall be a violation and, upon conviction thereof, shall be punishable as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty. In addition, any permit issued pursuant to this chapter shall be revoked upon conviction of a second offense and the subject outdoor furnace shall not be eligible for another permit. Each day that a violation occurs shall constitute a separate offense. The owners of 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 is located until paid.
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, other federal, state, regional
or local agency. Outdoor furnaces, and any electrical, plumbing or
other apparatus or device used in connection with an outdoor furnace,
shall be installed, operated and maintained in conformity with the
manufacturer's specifications and any and all local, state and
federal codes, laws, rules and regulations. In case of a conflict
between any provision of this chapter and any applicable federal,
state or local ordinances, codes, laws, rules or regulations, the
more restrictive or stringent provision or requirement shall prevail.