[HISTORY: Adopted by the Board of Trustees
of the Village of Naples 1-17-2007 by L.L. No. 1-2007. Amendments noted where
applicable.]
A.
This chapter is adopted pursuant to the authority
of Article 2, § 10 of the New York State Municipal Home
Rule Law and Article 4, § 4-412 of the New York State Village
Law.
B.
The Village of Naples Code Enforcement Officer, or
any other person who may hereafter be designated by resolution of
the Village Board of Trustees, is hereby authorized in the name and
on behalf of the Village of Naples to undertake and prosecute any
proceedings necessary or appropriate to enforce compliance with this
chapter.
It is generally recognized that the types of
fuel used and the scale and duration of burning by outdoor woodburning
furnace devices create noxious and hazardous smoke, soot, fumes, odors
and air pollution and can be detrimental to citizens' health
and can deprive neighboring residents of the enjoyment of their property
or premises. Therefore, with the adoption of this chapter, it is the
intention of the Village of Naples Board of Trustees to establish
and impose restrictions upon the construction and operation of outdoor
woodburning furnace devices within the limits of the Village for the
purpose of securing and promoting the public health, comfort, convenience,
safety, welfare and prosperity of the Village and its inhabitants.
As used in this chapter, the following terms
shall have the meanings indicated:
Any contrivance, apparatus or part thereof, including a boiler,
fire box, exchanger, grate, fuel gun, fuel nozzle, chimney, smoke
pipe, smokestack, exhaust conduit and like devices, used for the burning
of combustible fuels for the creation of heat or energy from an exterior
location into an interior location.
Outdoor furnace devices shall be permitted anywhere
within the Village of Naples so long as the following standards and
procedures are met. Standards for the installation of any exterior
furnace device, in addition to any manufacturer's recommended
installation requirements, shall also require the following:
A.
Installation upon a nominal six-inch-thick permanent,
reinforced cement pad in such dimension so as to allow a minimum of
six inches of exposed surface area along the perimeter of the pad.
B.
Installation of a smokestack to a minimum height exceeding
four feet in elevation and higher than any adjacent structure, building
or wall that is within 50 feet of the location of the exterior furnace
device. The location of the exterior furnace must comply with all
setback regulations from all property lines and comply with all separation
distances from other structures on the premises as may be imposed
by the Zoning Code of the Village of Naples[1] and the Building Code of the State of New York.
C.
Installation of any electrical or plumbing apparatus
or device used in connection with the operation of an exterior furnace
device shall be in conformity with all applicable electrical and plumbing
codes and, in the absence of such code, in conformity with the manufacturer's
installation specifications.
D.
Any exterior furnace device installed with abutting
premises in residential use shall maintain a setback greater than
200 feet distant from the residential property line.
E.
Fuel substances permitted for combustion in an exterior
furnace device installation shall be limited to the following: natural
gas, propane, home heating oil, coal and wood.
F.
Fuel substances prohibited for combustion in an exterior
furnace device installation shall include the following: industrial
waste, rubber, plastic, used motor oil, toxic chemicals, contaminated
waste, yard waste, household garbage, cardboard and wastepaper, animal
waste and any material prohibited for combustion by federal or state
statute or regulation.
G.
No exterior furnace device shall be utilized in any
manner as a waste incinerator.
A.
Any person who shall violate any provision of this
chapter shall be guilty of a violation as defined in Article 10 of
the New York State Penal Law and shall, upon conviction, be subject
to a fine of not less than $150 and not more than $250 or to imprisonment
for not more than 15 days, or both such fine and imprisonment. Each
week's continued violation shall constitute a separate and distinct
offense.
B.
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
$500, to be recovered by the Village in a civil action. Each week's
continued violation shall be, for this purpose, a separate and distinct
violation.
C.
In the event that the Village is required to take
legal action to enforce this chapter, the violator will be responsible
for any and all necessary costs incurred by the Village relative thereto,
including attorney fees, and such amount shall be determined and assessed
by the court. If such expense is not paid in full within 30 days from
the date it is determined and assessed by the court, such expense
shall be charged to the property so affected by including such expense
in the next annual Village tax levy against the property.
A.
Except as hereinafter provided, the lawful use of
any outdoor woodburning furnace device existing at the time of the
adoption of this chapter may be continued, although such use does
not conform to the provisions of this chapter.
B.
No outdoor woodburning furnace device existing at
the time of the adoption of this chapter shall thereafter be extended
or enlarged.
C.
Any existing outdoor woodburning furnace device which
is abandoned or discontinued for a period of seven consecutive months
shall not be permitted to be reestablished as a nonconforming use
and must be immediately removed by the property owner from the subject
premises.
D.
If the property owner fails to remove the outdoor
woodburning furnace device by the end of said seven-consecutive-month
period, the Village of Naples Code Enforcement Officer shall give
written notice by certified mail or personal service to the owner
of the property upon which the outdoor woodburning furnace device
is located. Such notice shall provide that said owner shall remove
the outdoor woodburning furnace device within 15 days of the date
the notice is either postmarked or personally served upon the owner.
E.
Should the outdoor woodburning furnace device not
be removed within the time specified, the Code Enforcement Officer
shall take reasonable steps to effect its removal.
F.
The costs incurred by the Village to effect said removal
(including any attorney fees incurred by the Village to effect the
removal) shall be charged to the owner of said premises. Said expense
shall be paid by the owner of the property so affected within 30 days
from the date said costs are presented to the owner. If said expense
is not paid within said thirty-day time frame, then said expense shall
be charged to the property so affected by including such expense in
the next annual Village tax levy against the property.
G.
No existing outdoor woodburning furnace device which
has been damaged by any reason to the extent of more than 75% of its
assessed value for Village of Naples tax purposes shall be repaired
or rebuilt.
