[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:
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.
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.
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.
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 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.
B.
Compliance with this chapter may also be compelled,
and violations restrained, by order or by injunction of a court of
competent jurisdiction.
A.
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.
B.
All existing outdoor furnaces must be in strict compliance
with the manufacturer's specifications pertaining to installation,
operation and maintenance.
(1)
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.
(2)
In addition, all owners shall apply for and receive
a permit within 60 days of the effective date of this chapter.
C.
A no-burn period for existing furnaces shall be in
place from May 1 through October 1.
D.
Fuel shall only be a natural untreated wood or fuels
specifically permitted by the manufacturer. Notwithstanding the foregoing,
the following fuels are strictly prohibited:
E.
The chimney height on all existing outdoor furnaces
shall be a minimum of 15 feet above the outdoor furnace.
F.
All existing outdoor furnaces must be equipped with
a properly functioning spark arrestor.
G.
No outdoor furnace existing at the time of the adoption
of this chapter shall thereafter be extended or replaced.
H.
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.
(1)
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.
(2)
Should the outdoor furnace not be removed within the
time specified, the Code Enforcement Officer shall take reasonable
steps to effect its removal.
(3)
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.
I.
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.
