[HISTORY: Adopted by the Town Board of the Town of New Windsor 10-1-2008 by L.L. No. 5-2008. Amendments noted where applicable.]
It is generally recognized that the types of fuel used and the scale and duration of burning by outdoor furnaces create noxious and hazardous smoke, soot, fumes, odors and air pollution, 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 Town Board of the Town of New Windsor to establish and impose restrictions upon the operation of outdoor furnaces within the limits of the Town of New Windsor for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Town and its inhabitants.
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR FURNACE
- Any accessory appliances, designed and intended, through the burning of wood and/or any other combustible, for the purpose of heating the principal structure or any other site, building, or structure on the premises.
- UNTREATED WOOD
- 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.
- VIOLATOR or ANY PERSON WHO VIOLATES ANY PROVISION OF THIS CHAPTER
- Any person who owns the property at the time the outdoor furnace has been installed and/or operated or occupies the property and utilizes such outdoor furnace.
The construction, installation and operation of outdoor furnaces are hereby prohibited within the Town of New Windsor.
Any Town of New Windsor Code Enforcement Officer, or any other person who may hereafter be designated by resolution of the Town Board of the Town of New Windsor, is hereby authorized in the name and on behalf of the Town of New Windsor to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
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 more than $250 or to imprisonment for not more than 15 days, or to both such fine and imprisonment. Each week's violation shall constitute a separate and distinct offense.
Compliance with this chapter may also be compelled, and violations restrained, by order or by injunction of a court of competent jurisdiction.
Except as hereinafter provided, the lawful use of any outdoor furnace existing at the time of the adoption of this chapter may be continued, although such use does not conform with the provisions of this chapter.
All existing outdoor furnaces must be in strict compliance with the manufacturer's specifications pertaining to installation, operation and maintenance.
In the event of a conflict, the regulations promulgated hereunder shall apply, unless the manufacturer's instructions are stricter than the regulations promulgated hereunder, in which case the manufacturer's instructions shall apply.
In addition, all owners shall apply for and receive a permit within 60 days of the effective date of this chapter.
A no-burn period for existing furnaces shall be in place from May 1 through October 1.
Fuel shall only be a natural untreated wood or fuels specifically permitted by the manufacturer. Notwithstanding the foregoing, the following fuels are strictly prohibited:
The chimney height on all existing outdoor furnaces shall be a minimum of 15 feet above the outdoor furnace.
All existing outdoor furnaces must be equipped with a properly functioning spark arrestor.
No outdoor furnace existing at the time of the adoption of this chapter shall thereafter be extended or replaced.
Any existing outdoor furnace which is unused, 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.
If the property owner or occupier fails to remove the outdoor furnace by the end of said seven-consecutive-month period, the Town of New Windsor Code Enforcement Officer shall give written notice by certified mail or personal service to the owner or occupier of the property or by affixing a copy of said notice to the front or main door of said property upon which the outdoor furnace is located. Such notice shall provide that said owner or occupier shall remove the outdoor furnace within 15 days of the date the notice is either postmarked or personally served upon the owner or occupier, or posted on the property as provided above.
Should the outdoor furnace not be removed within the time specified, the Code Enforcement Officer shall take reasonable steps to effect its removal.
The costs incurred by the Town to effect such removal (including any attorneys' fees incurred by the Town to effect the removal), plus an amount equal to 50% of said costs of 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 Town tax levy against the property.
No existing outdoor furnace which has been damaged by any reason to the extent of more than 75% of its assessed value for Town of New Windsor tax purposes shall be repaired or rebuilt.
This chapter is enacted pursuant to the Municipal Home Rule Law. This chapter shall supersede the provisions of Town Law to the extent it is inconsistent with the same, and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law, or any other applicable statute.