[HISTORY: Adopted by the Board of Trustees of the Village of Horseheads 12-14-2006
by L.L. No. 5-2006. Amendments noted where applicable.]
This chapter shall be entitled "A Local Law Regulating Outdoor Woodburning
Furnaces within the Village of Horseheads."
This chapter is enacted pursuant to the authority of Articles 2 and
3 of Municipal Home Rule Law of the State of New York and Village Law § 4-412.
The Village Board has determined that outdoor woodburning furnaces,
due to the types of fuel used and the scale and duration of the burning by
such furnaces, create noxious and hazardous smoke, soot, fumes, odors and
air pollution and that such emissions can be detrimental to citizens'
health and can deprive neighboring residents of the enjoyment of their property
or premises. The Village Board also takes notice of the fact that residences
in the Village, being in close proximity to each other, require that some
conduct, acceptable in the less densely occupied areas, cannot be permitted
within the confines of the Village and may be a nuisance to neighbors.
In order to protect the health, safety and welfare of the citizens and
residents of the Village of Horseheads and to prevent the deleterious effects
associated with the unregulated operation of existing outdoor woodburning
furnaces and to forestall an increase in such effects, the Village Board of
Trustees has determined that it is necessary and appropriate to enact this
chapter imposing restrictions upon the installation and operation of outdoor
woodburning furnaces within the limits of the Village.
For the purpose of this chapter, certain words and terms shall have
the following meanings. Unless defined below, words and phrases used in this
chapter shall be interpreted so as to give them the meaning they have in common
usage and to give this chapter its most reasonable application.
The method approved by the United States Environmental Protection
Agency for determining the opacity of air emissions.
When used with "outdoor woodburning furnace" or "furnace," means
that the furnace is already in place on the site at the time when this chapter
shall take effect.
The degree of obscuration of light. (For example, a window has zero
opacity; a wall is 100% opaque)
Any equipment, device or apparatus, or any part thereof, which is
installed, affixed or situated outdoors, any accessory structure, whether
attached to or detached from a principal structure, designed and intended
to provide large quantities of heated water, heated air or heat in general,
through the burning of wood or combustion of fuel, for the primary purpose
of heating the principal structure, and/or any other structure located on
the same premises or lot, or as a component of a heating system providing
heat or hot water for any interior space.
The construction, installation or operation of outdoor woodburning furnaces,
whether as a new or a replacement installation, is hereby prohibited within
the Village of Horseheads.
Any outdoor woodburning furnace existing within the Village prior to
the effective date of this chapter may continue to be operated only if it
is in full compliance with any applicable state and/or federal regulations,
is operated in full compliance with the manufacturer's recommendations and
specifications, and with each and every one of the following restrictions:
A.
The furnace shall be operated only between September
1 and May 31.
B.
The furnace shall be equipped with properly functioning
spark arrestors equal to or exceeding those specified by its manufacturer.
C.
The furnace shall not emit emissions having an opacity
greater than 20% (based on EPA Method 9 as determined by a person certified
in its use) during any six-minute average period of time.
D.
No malodorous air contaminants from the furnace shall
be detectable beyond the boundary of the property on which it is located.
E.
The furnace emissions shall not interfere with the reasonable
enjoyment of life or property of the residents of the Village.
F.
The furnace emissions shall not cause damage to vegetation
or property.
G.
The furnace emissions shall not be harmful to human or
animal health.
H.
The extension, enlargement or replacement of any such
furnace is strictly prohibited.
I.
Any furnace which is abandoned or discontinued for a
period of 12 months or more shall not be permitted to be reestablished as
a nonconforming use and shall be immediately removed by the property owner
of the subject premises. If the property owner fails to so remove the furnace,
the Code Enforcement Officer shall give written notice by certified mail or
personal service to the property owner of the property upon which the furnace
is located. Such notice shall provide that such person shall remove the same
within 30 days of the notice. Should the furnace not be removed in the time
specified, the Code Enforcement Officer may arrange for its removal, the cost
of which, if not paid, shall be charged to the property so affected by including
such expense in the next annual tax levy against the property.
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 the maximum amount which could be collected pursuant to § 166-8 of this chapter, to be recovered by the Village in a civil action, and each week's continued violation shall, for the purpose of this chapter, be a separate and distinct violation. In the event the Village is required to take legal action to enforce this chapter, the violator shall be responsible for any and all necessary costs relative thereto, including attorneys fees, such costs to be in addition to the civil penalty amount imposed hereunder. All such amounts awarded under this section may, if they remain uncollected, be charged to the property so affected by including such expense in the next annual tax levy against the property.
The Code Enforcement Officer or any police officer of the State of New
York or its subordinate jurisdictions is hereby authorized in the name and
on behalf of the Village to undertake and prosecute any proceedings necessary
or appropriate to enforce compliance with this chapter.
