This chapter shall be known as the "Town of Minden Outdoor Furnace Local Law." It is adopted pursuant to Municipal Home Rule Law § 10.
[HISTORY: Adopted by the Town Board of the Town of Minden 5-15-2008 by L.L. No. 2-2008. Amendments noted where applicable.]
Although outdoor furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environment of these heating devices, particularly the production of offensive odors and potential health effects of uncontrolled emissions. This chapter is intended to ensure that outdoor furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of the Town.
As used in this chapter, the following terms shall have the meanings indicated:
Trunks and branches of trees and bushes but does not include leaves, needles, and vines or brush smaller than three inches in diameter.
Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors or otherwise outside of the main structure for the primary purpose of heat for any interior space.
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.
No person shall cause, allow or maintain the use of an outdoor furnace within the Town of Minden without first having obtained a permit from the Town Code Enforcement Officer.
Any outdoor furnace in existence on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit from the Town Code Enforcement Officer within six months of such effective date; provided, however, that upon the effective date of this chapter all the provisions hereof except § 66-6B, C and D shall immediately apply to existing outdoor furnaces. All of the provisions of this chapter shall continue to apply to existing outdoor furnaces which receive permits except § 66-6B, C and D. If the owner of an existing outdoor furnace does not receive a permit within six months of the effective date of this chapter, the outdoor furnace shall be removed. In such event, a reinstallation or new installation on such premises must comply with all provisions of this chapter as a new outdoor furnace. "Existing" or "in existence" means that the outdoor furnace is in place on the site as of the effective date of this chapter.
A.
Permitted fuel. Fuel shall be as per manufacturer's specifications. Only firewood, untreated lumber, coal or corn are permitted to be burned in any outdoor furnace. Burning of any and all other materials, including waste, in an outdoor furnace is prohibited.
B.
Permitted zones. Outdoor furnaces shall be permitted only in agricultural zones.
C.
Minimum lot size. Outdoor furnaces shall be permitted only on lots of two acres or more. Only one outdoor furnace shall be permitted per lot, except in the case of farming operations, where additional units shall be allowed if used to heat agricultural buildings for farm operations.
D.
Setbacks. Outdoor furnaces shall be set back not less than 35 feet from the nearest lot line; 300 feet from any church, school, private club or business or from any residence other than the residence they serve or owned by the owner of the outdoor furnace; 30 feet from any other structure; and 60 feet from the boundary line between the property and the right-of-way of the nearest road.
E.
Months of operation. Outdoor furnaces shall be operated only between September 1 and May 31.
F.
Perimeter requirement. The perimeter of the outdoor furnace building shall be of a noncombustible surface such as gravel, sand or a concrete pad for a distance of not less than 10 feet.
G.
Cap/spark arrestors. All outdoor furnaces shall be equipped with caps and/or functioning spark arrestors to protect against rain and to suppress sparks.
H.
Stack height. Stacks for outdoor furnaces shall be of sufficient height to avoid a downwash effect. If any residence other than a residence owned by the owner of such outdoor furnace is located less than 750 feet from the outdoor furnace, then such outdoor furnace must have an attached permanent stack extending higher than the roofline of the structure(s) being served by such outdoor furnace. In all cases, the stack shall be a minimum of 15 feet from the ground to the top of the stack, and the stack must be supported by cables or other noncombustible materials.
I.
Installation. All outdoor furnaces shall be installed as per the manufacturer's specifications and shall be UL listed and approved. The outdoor furnace must be placed on a concrete slab which is a minimum of four inches in depth and which is at least six inches wider at all points than the outdoor furnace.
J.
One per lot. Only one outdoor furnace shall be allowed on any lot.
A.
A permit issued pursuant to this chapter may be suspended as the Code Enforcement Officer may determine to be necessary to protect the public health, safety and welfare of the residents of the Town of Minden if any of the following conditions occurs:
B.
Malodorous air contaminants from the outdoor furnace are detectable outside the property of the person on whose land the outdoor furnace is located;
C.
The emissions from the outdoor furnace interfere with the reasonable enjoyment of life or property;
D.
The emissions from the outdoor furnace cause damage to vegetation or property; or
E.
The emissions from the outdoor furnace are or may be harmful to human or animal health.
F.
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this chapter subject to the penalties provided in § 66-9 hereof.
Where the Code Enforcement Officer finds that extraordinary and unnecessary hardships may result from strict compliance with this chapter, he may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of this chapter or of jeopardizing the health, safety or welfare of the public. In varying any regulations, the Code Enforcement Officer may impose such conditions and requirements as he deems reasonable and prudent. If the Code Enforcement Officer grants the waiver, a permit shall be issued for the outdoor furnace. If the Code Enforcement Officer does not take any action with respect to the waiver within 60 days from his receipt of an application for a waiver, the waiver shall be deemed denied.
Failure to comply with any of the provisions of this chapter shall be a violation and, upon conviction thereof, shall be punishable by a fine of not more than $500 or imprisonment for a period of not more than 10 days, or both, for the first offense. Any subsequent offense shall be punishable by a fine of not more than $1,000 or imprisonment for a period of not more than 30 days, or both. In addition, any permit issued pursuant to this chapter shall be revoked upon conviction of a second offense, and the subject outdoor furnace shall not be eligible for another permit. Each day that a violation occurs shall constitute a separate offense. The owners of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this chapter. Any fine imposed hereunder shall constitute a lien upon the real property where the outdoor furnace is located until paid.
Notwithstanding that the outdoor furnace may be in compliance with all provisions of this chapter, such outdoor furnace may not be appropriate in some areas due to terrain that could render its operations to be a nuisance or a public health hazard.
No provision of this chapter shall be interpreted, administered or enforced in a manner that unreasonably restricts agricultural structures and farming practices occurring on the land that lies within a certified agricultural district established pursuant to Article 25AA of the New York State Agriculture and Markets Law, unless the public health or safety is threatened.