The purpose of this chapter is to permit open
burning in the Town of Highlands, only in accordance with New York
State Department of Environmental Conservation (DEC) laws and regulations,
only upon issuance of a permit and only when such burning does not
put in jeopardy the health and safety of the residents of the Town
and their property.
Permits under this chapter shall not be required
for the following open fires:
A. Barbecue grills, maple sugar arches and similar outdoor
cooking devices when actually used for cooking or processing food.
B. Small fires used for cooking and campfires, provided
that only charcoal or untreated wood is used as fuel and the fire
is not left unattended until extinguished.
C. On-site burning of agricultural wastes as part of
a valid agricultural operation on contiguous agricultural lands larger
than five acres actively devoted to agricultural or horticultural
use, provided such waste is actually grown or generated on those lands
and such waste is capable of being fully burned within a twenty-four-hour
period.
D. The use of liquid-petroleum-fueled smudge pots to
prevent frost damage to crops.
E. Ceremonial or celebratory bonfires where not otherwise
prohibited by law, provided that only untreated wood or other agricultural
products are used as fuel and the fire is not left unattended until
extinguished.
F. Small fires
that are used to dispose of a flag or religious item, and small fires
or other smoke-producing processes where not otherwise prohibited
by law that are used in connection with a religious ceremony.
G. Burning
on an emergency basis of explosive or other dangerous or contraband
materials by police or other public safety organizations.
H. Prescribed
burns performed according to Part 194 of the New York Code of Rules
and Regulations.
I. Fire training,
including fire-fighting, fire rescue, and fire/arson investigation
training, performed under applicable rules and guidelines of the New
York State Department of State's Office of Fire Prevention and Control.
For fire training performed on acquired structures, the structures
must be emptied and stripped of any material that is toxic, hazardous
or likely to emit toxic smoke (such as asbestos, asphalt shingles
and vinyl siding or other vinyl products) prior to burning and must
be at least 300 feet from other occupied structures. No more than
one structure per lot or within a three-hundred-foot radius (whichever
is bigger) may be burned in a training exercise.
J. Individual
open fires as approved by the Director of the Division of Air Resources
as may be required in response to an outbreak of a plant or animal
disease upon request by the Commissioner of the Department of Agriculture
and Markets, or for the destruction of invasive plant and insect species.
K. Individual
open fires that are otherwise authorized under the Environmental Conservation
Law, or by rule or regulation of the Department of Environmental Conservation.
L. Fires and
salamanders or other similar devices used by construction workers
or other workers for heating purposes or fires essential to street
installation or paving activities, the repair of utilities or other
similar work.
Before the issuances of any permit under this chapter, the applicant shall pay a permit fee of $35, which fee shall be delineated in Chapter
109, entitled "Fees," of the Code of the Town of Highlands. Annually, the Town Board may review the fees set forth in this chapter. If it is determined that a change or changes be made in such fees, the Town Board may adopt such changes by resolution to be incorporated in the Fee Schedule of the Town of Highlands.
Notwithstanding any other provision of this
chapter, the Building Inspector may refuse to issue an open burning
permit if, in his/her sole discretion, its issuance would be in violation
of the requirements of the New York State DEC or:
A. A hazardous health condition will be created by such
burning.
B. The burning would, because of weather conditions,
cause an undue hazard to the residents of the Town and their property.
C. There is a determination of forest fire danger in
any part of the Town of Highlands or in the Palisades Interstate Park.