[HISTORY: Adopted by the Town Board of the Town of Union 2-15-2006
by L.L. No. 2-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Building Department — See Ch. 15.
Fire prevention and building construction — See Ch.
118.
Zoning — See Ch. 205.
This chapter shall be known as the "Town of Union Outdoor Furnace Local
Law." It is adopted pursuant to the Municipal Home Rule Law.
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 of Union.
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 Town of Union without first having obtained a building permit from
the Town Building Official. Application for a permit shall be made to the
Building Official 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 Town Building Official within one year of such effective date; provided, however, that upon the effective date of this chapter, all the provisions hereof except § 144-6B, C, and D immediately apply to existing outdoor furnaces. All of the provisions of this chapter shall continue to apply to existing outdoor furnaces that receive permits except § 144-6B, C, and D. 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 and operational on the site.
A.
Permitted fuel. Only firewood and untreated lumber are
permitted to be burned in any outdoor furnace. Burning any and all other materials
in an outdoor furnace is prohibited.
B.
Permitted zones. Outdoor furnaces shall be permitted
only in the agricultural zoning district 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 100 feet from the nearest lot line and to the rear of the principal building.
E.
Months of operation. Outdoor furnaces shall be operated
only between September 1 and May 31 of the next year.
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 Building Official may determine to be necessary to protect the public
health, safety and welfare of the residents of the Town of Union if any of
the following conditions occurs:
(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 that resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition that has previously resulted in suspension of a permit shall be considered a violation of this chapter subject to the penalties provided in § 144-8 hereof.
Failure to comply with any of the provisions of this chapter shall be
a violation and, upon conviction thereof, shall be punishable by a fine of
not more than $250 or imprisonment for a period of not more than 10 days,
or both, for the first offense. Any subsequent offense shall be punishable
by a fine of not more than $1,000 or imprisonment for a period of not more
than 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 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.
The invalidity of any clause, sentence, paragraph or provision of this
chapter shall not invalidate any other clause, sentence, paragraph or part
thereof.
This chapter shall take effect upon filing in the office of the New
York State Secretary of State.
