[HISTORY: Adopted by the Township Council of the Township of Jefferson 3-1-2023 by Ord. No. 23-01. Amendments noted where applicable.]
All wood-fired hydronic (hot water) heating furnace and boiler systems not located within a residential dwelling and whether unenclosed by a roof and/or walls, while permitted as accessory uses in all zone districts, shall be subject to the following requirements and limitations.
A. 
Such heating system shall be designed, manufactured, installed and operated in accordance with all state, federal, county and Jefferson Township laws, statutes, codes, ordinances and regulations, including the provisions of this section.
B. 
Such systems shall be designed and operated so as to be compliant with the provisions of N.J.A.C. 7:27-3 which provides for the control and prohibition of smoke from combustion of fuel and which requires (subject to amendment or revision) that such systems: produce no smoke except for three minutes in any thirty-minute time period.
C. 
All installations and users shall comply with all state laws and regulations, including 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.
A. 
No person shall cause, allow or maintain the use of a wood-burning hydronic heating furnace or boiler system within the Township of Jefferson without first having obtained a permit from the Zoning Officer and all other requisite permits (plumbing, electrical, etc.) from the Jefferson Township Subcode Officials. Pursuant to Jefferson Ordinance § 490-55, a $50 permit fee is required for all zoning permit applications.
B. 
In order to demonstrate compliance with the provisions of § 344-4 herein, a site plan of the lot, which can be prepared by the applicant based upon a survey, tax map or other reliable information, shall be prepared showing the subject property and those located within 200 feet thereof and the approximate location of the residences on all properties located within 200 feet of the subject property. Said site plan shall be reviewed by the Zoning Officer and Construction Official to assure compliance, to the greatest extent practicable, with this and all other provisions of this section.
A. 
All such wood-burning hydronic furnaces, boilers and accessory and appurtenant structures, including the enclosure, if any, protecting same shall be located in the rear yard area of the lot, only, and shall have a minimum setback of 300 feet from any property line. It may not be located in either the front yard setback area or in front of the principal structure located upon the lot and it may not be located within the side yard setbacks.
B. 
No such wood-fired hydronic heating furnace or boiler system shall be located on any lot which contains an area less than two acres. The location of such system shall, (in addition to being located outside the side yard and in compliance with side and rear yard setbacks applicable to principal structures) be situated on the lot so as to assure, to the greatest extent practicable, that the prevailing winds direct the smoke generated away from the nearest residences(s).
All chimneys attending such systems shall have a diameter and height compliant with the manufacturer's requirements and/or recommendations. In addition, the top of the smoke stack or chimney must extend at least 20 feet above the top roofline of any neighboring residential building.
The use of all wood-fired hydronic (hot water) heating furnaces or boilers shall be allowed only during the period of October 15 to April 30. Any use outside this use period, whether to produce domestic hot water or for any other purpose, is specifically prohibited.
Only seasoned firewood and untreated lumber shall be permitted to be burned in any such heating furnace or boiler. The burning of any and all other materials in such a furnace or boiler is specifically prohibited.
Pursuant to Jefferson Ordinance § 7-7, the Code Enforcement Officer is empowered to enforce all provisions of the Jefferson Township Code, including this provision. This provision may also be enforced by the Jefferson Township Board of Health, the Jefferson Township Health Officer or the Jefferson Township Police Department.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a penalty of a maximum fine not more than $100 for each violation. Each day that a violation continues shall be considered as a separate violation.