2012 Feb. 10: NJ Lower Township (Cape May County): Lower Preparing to Outlaws Outdoor Wood Burning Furnaces
Cape May County Herald
By Jack Fichter The ordinance allows existing outdoor wood burnersto continue to operate but does not allow installation of any new units.
Lower Township Council introduced an ordinance Mon., Feb. 6 prohibiting outdoor, wood-burning furnaces.
The ordinance allows existing outdoor wood burners to continue to operate but does not allow installation of any new units. It prohibits burning trash, plastics, rubber, garbage, material treated with petroleum, particle board, railroad ties, pressure-treated wood, leaves, cardboard and paper products.
A clause in the ordinance specifies if an outdoor wood burning furnace is not used for seven months, it would not be permitted to be reestablished as a non-conforming use and must immediately be removed by the property owner.
Mayor Michael Beck questioned how that section of the ordinance would be enforced. He said the clause in the ordinance would prevent a furnace from rusting away in a backyard.
If the owner fails to remove the furnace, the township, the “code enforcement officer shall take responsible steps for its removal.” Costs of removal including attorney fees plus “an amount equal to 50 percent of said costs of removal shall be charged to the owner of said premises.”
If the costs are not paid in 30 days, they will be converted to a tax lien on the property.
Two S. Andrielle Lane homeowners filed a complaint with Lower Township police Oct. 23, 2011 against their neighbor, Pawel Banach, for smoke coming from a wood-burning boiler in his backyard.
Adjoining property owners and neighbors who live down the street complained to the township that the boiler sent smoke inside their homes.
Township Council passed an ordinance Oct. 3, 2011 that allowed residents or township officials to sign a complaint against a neighbor operating a wood-burning boiler in their backyard.