[HISTORY: Adopted by the Town Board of the
Town of Warwick 1-19-2006 by L.L. No. 1-2006. Amendments noted where
applicable.]
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 Town.
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.
[Amended 4-23-2009 by L.L. No. 3-2009]
No person shall cause, allow or maintain the
use of an outdoor furnace within the Town of Warwick without first
having obtained a permit from the Town Clerk or Town Building Inspector.
Application for a permit shall be made on the forms provided.
[Amended 4-23-2009 by L.L. No. 3-2009]
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 Building Inspector within one year of such effective date; provided, however, that upon the effective date of this chapter all the provisions hereof, except § 104-6B and C, shall immediately apply to existing outdoor furnaces. All of the provisions of this chapter shall continue to apply to existing outdoor furnaces which receive permits except § 104-6B and C. 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.
[Amended 1-23-2014 by L.L. No. 1-2014]
All outdoor wood furnaces installed in the Town of Warwick must, as a minimum, comply with New York State DEC 6 NYCRR Part 247 except where the requirements of Chapter 104 are more stringent.
A.
Permitted
fuel. Only seasoned, clean firewood, untreated lumber and wood pellets
made from clean wood 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 RU, MT, CO,
and AI Zoning Districts as shown on the Town'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 adjoining or neighboring dwelling. Further, in any event the
furnace shall be located a minimum of 150 feet from the adjoining
property line.
E.
Months
of operation. Outdoor furnaces shall be operated only between September
1 and May 31.
F.
All outdoor
furnaces must be equipped with a permanent stack extending a minimum
of 18 feet above the ground level. The Town of Warwick may require
that the permanent stack extend up to two feet above the peak of any
roof structure within 150 feet of the outdoor furnace when necessary
to avoid or resolve nuisance conditions.
A.
A permit issued pursuant to this chapter may be suspended
as the Town's Code Enforcement Officer may determine to be necessary
to protect the public health, safety and welfare of the residents
of the Town of Warwick if any of the following conditions occurs:
[Amended 4-23-2009 by L.L. No. 3-2009]
(1)
Emissions from the outdoor furnace exhibit greater
than 20% opacity (six-minute average), except for one continuous six-minute
period per hour of not more than 27% opacity, which shall be determined
as provided in 6 NYCRR 227-1.3(b);
(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 § 104-9 hereof.
[Amended 4-23-2009 by L.L. No. 3-2009]
Where the Town Board, upon consultation with
the Town's Code Enforcement Officer, 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 Town Board may impose such conditions
and requirements as it deems reasonable and prudent. The Town Board
may, at its discretion, hold a public hearing as part of its review.
If the Town Board grants the waiver, a permit shall be issued for
the outdoor furnace. If the Town Board denies the waiver, the outdoor
furnace must either be brought into compliance with this chapter or
be removed. If the Town Board 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.
A.
Violations. A violation of this chapter is hereby
declared to be an offense, punishable by a fine not exceeding $350
or imprisonment for a period not to exceed six months, or both, for
conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purpose of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and, for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation. The owners or occupants of premises upon which prohibited
acts occur shall be jointly and severally liable for violations of
this chapter. Any fine imposed hereunder shall until paid, constitute
a lien upon the real property where the outdoor furnace is located.
B.
Appropriate Town actions. In case any outdoor furnace
is erected, constructed, reconstructed, altered, converted or maintained
or any outdoor furnace is used in violation of this chapter or of
any ordinance or other regulation made under authority conferred thereby,
the proper local authorities of the Town, in addition to other remedies,
may institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, conversion,
maintenance or use of an outdoor furnace(s) ; to restrain, correct
or abate such violation; to prevent the use of an outdoor furnace(s);
or to prevent any illegal act, conduct, business or use, in or about
such outdoor furnace(s); and upon the failure or refusal of the proper
local officer, board or body of the Town to institute any such appropriate
action or proceeding for a period of 10 days after written request
by a resident taxpayer of the Town so to proceed, any three taxpayers
of the Town residing in the district wherein such violation exists,
who are jointly or severally aggrieved by such violation, may institute
such appropriate action or proceeding in like manner as such local
officer, board or body of the Town is authorized to do.
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 York State Department of Environmental Conservation or any 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. Outdoor furnaces must conform to all other applicable regulations of the Town's Zoning Chapter 164.
