[HISTORY: Adopted by the Town Board of the
Town of Horseheads 11-8-2006 by Res. No. 158-2006. Amendments noted
where applicable.]
The purpose of this chapter is to establish
minimum standards for the regulation of the installation and use of
outdoor furnaces.
The Town of Horseheads has determined the although
outdoor furnaces may provide an economical alternative to conventional
heating systems, concerns have been raised concerning the safety and
environmental impacts of these devices, particularly the production
of offensive odors, potential health effects of uncontrolled emissions
and the deprivation of neighboring residents of the enjoyment of their
property or premises. This is to insure proper regulation of the installation
and operation of such appliance so that it does not create a nuisance
or is not detrimental to the health, safety and welfare of the Town.
For the purpose of this chapter, certain words
and terms shall have the following meanings. Unless defined below,
words and phrases used in this chapter shall be interpreted so as
to give them the meaning they have in common usage and to give this
chapter its most reasonable application:
When used with an outdoor woodburning furnace or furnace,
the furnace that is already in place and in use on the site at the
time when this chapter shall take effect.
Trunks and branches of trees and bushes but does not include
leaves, needles, vines or brush smaller than two inches in diameter.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors, an accessory structure,
whether attached to or detached from a principal structure, designed
and intended to provide large quantities of heated water, heated air
or heat in general, through the burning of wood or combustion of fuel
for the primary purpose of heating the principal structure, and/or
any other structure located on the same premises or lot, or as a component
of a heating system providing heat or hot water for any interior space.
This definition shall include sheltered and unsheltered furnaces.
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.
It shall be unlawful to install or operate an
outdoor furnace in a Residence B, Residence AA, Business, Neighborhood
Service Zone or Residence A Zoning District under three acres. The
installations shall be permitted in Agricultural and Hill, Manufacturing,
and Residence A Zoning Districts over three acres.
A.
Permit requirements. No person shall cause, allow
or maintain the use of an outdoor furnace in the Town of Horseheads
without first obtaining a permit.
B.
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.
C.
Setbacks. Outdoor furnaces shall be allowed only in
rear yards and shall be set back not less than 200 feet from any side
and rear property line.
D.
Months of operation. Outdoor furnaces shall be operated
only between September 15 and May 31.
E.
Spark arrestors and smokestacks. All outdoor furnaces
shall be equipped with properly functioning spark arrestors and smokestacks
installed a minimum of 15 feet above adjacent grade or equal to or
exceeding those specified by its manufacturer, if more restrictive.
F.
No malodorous air contaminants from the furnace shall
be detectable beyond the boundary of the property on which it is located.
G.
The furnace emissions shall not interfere with the
reasonable enjoyment of life or property of the residents of the Town.
H.
The furnace emissions shall not cause damage to vegetation
or property.
I.
The extension, enlargement or replacement of any such
furnace is strictly prohibited, without permit.
A.
Any outdoor woodburning furnace existing within the
Town prior to the effective date of this chapter may continue to be
operated only if a permit is issued within six months of the effective
date of this chapter; it is in full compliance with any applicable
state and/or federal regulations; and it is operated in full compliance
with the manufacturer's recommendations and specifications and with
each and every one of the restrictions in this chapter.
B.
Any furnace which is abandoned or discontinued for
a period of 12 months or more shall not be permitted to be reestablished
as a nonconforming use and shall be immediately removed from the property
by the owner of the subject premises. If the property owner fails
to so remove the furnace, the Code Enforcement Officer shall give
written notice by certified mail or personal service to the property
owner upon which the furnace is located. Such notice shall provide
that such person shall remove the same within 30 days of the notice.
Should the furnace not be removed in the time specified, the Code
Enforcement Officer may arrange for its removal. The cost of which,
if not paid, shall be charged to the property so effected by including
such expense in the next annual tax levy against the property.
Violation of this chapter shall be punishable
by fine or imprisonment or both as prescribed by Chapter I, Article
II, of the Code of the Town of Horseheads. Each week shall be a separate
violation shall constitute a separate additional offense.
Compliance with this chapter may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction. Any person who violates any provision of this chapter shall also be subject to a civil penalty of not more than the maximum amount which could be collected pursuant to § 114-7 of this chapter, to be recovered by the Town in a civil action, and each week's continued violation shall, for the purpose of this chapter, be a separate and distinct violation. In the event the Town is required to take legal action to enforce this chapter, the violator shall be responsible for any and all necessary costs relative thereto, including attorney's fees. Such costs are to be in addition to the civil penalty amount imposed hereunder. All such amounts awarded under this section may, if they remain uncollected, be charged to the property so affected by including such expense in the next annual tax levy against the property.
The Code Enforcement Officer or any police officer
of the State of New York or its subordinate jurisdictions is hereby
authorized in the name and on behalf of the Town to undertake and
prosecute any proceedings necessary to enforce compliance with this
chapter.
