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.
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.
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.