[HISTORY: Adopted by the Town Board of the Town of Mamakating 5-5-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
This chapter shall be referred to as the "Town of Mamakating
Outdoor Furnaces Local Law."
Although outdoor furnaces may provide an economical alternative
to conventional heating systems, concerns have been raised regarding
the safety and environmental impact of these heating devices, particularly
the emission of noxious odors and potential health effects of uncontrolled
emissions, including hazardous smoke, soot, fumes, odors and air pollution
which can deprive neighboring residents of the enjoyment of their
property or premises. 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:
At the time of the issuance of a permit, an outdoor furnace
shall comply with all Federal, State and United States Environmental
Protection Agency (EPA) emission standards, if any, for such device
as hereinafter enacted or amended.
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat and/or hot water or energy used
as a component of a heating or plumbing system providing heat and/or
hot water or energy 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 Mamakating without first having obtained
a permit from the Town Building Inspector. Application for a permit
shall be made to the Building Inspector on the forms provided. A certificate
of compliance must be obtained from the Building Department prior
to the use of any outdoor furnace within the Town of Mamakating.
[Amended 7-17-2012 by L.L. No. 1-2012]
Any outdoor furnace in existence on the effective date of this amendment to this § 69-5 shall be permitted to remain, provided that the owner applies for and receives a permit from the Town Building Inspector within six months of such effective date; provided, however, that upon the effective date of this amendment, all provisions of Chapter 69, except § 69-6C, D and E, shall immediately apply to existing outdoor furnaces. If the owner of an existing outdoor furnace does not receive a permit within six months of the effective date of this amendment, the outdoor furnace shall be removed. "Existing" or "in existence" means that the outdoor furnace is in place on the site.
A.
Period of operation. Outdoor woodburning devices shall be operated
only from September 30 of each year through June 1 of each year.
B.
Permitted fuel. Only firewood and untreated lumber are permitted
to be burned in any outdoor furnace. Burning of any and all other
materials in an outdoor furnace is prohibited.
C.
Permitted zones. Outdoor woodburning furnaces shall not be permitted in the BR, NR, HC, WR, VC and TC Zoning Districts as shown on the Town's Zoning Map, unless the minimum lot size and set back requirements are met.
D.
Minimum lot size. Outdoor furnaces shall be permitted only on lots
of two acres or more.
E.
Setbacks. Outdoor woodburning furnaces shall be set back not less
than 100 feet from the property line and shall be located in the rear
of and no less than 25 feet from the structure to be heated. An outdoor
woodburning furnace shall not be installed or operated within 200
feet from the nearest residence. An outdoor woodburning furnace shall
not be operated within 700 feet from the occupied building of a hospital,
school, day-care center or nursing home or from the boundary of a
municipal park or recreational facility.
F.
Spark arrestors. All outdoor furnaces shall be equipped with properly
functioning spark arrestors.
G.
Chimney height. The chimney height shall be no less than 18 feet
in height from ground level to the top of the stack and no greater
than 35 feet, all chimneys to be installed in accordance with all
applicable state and/or federal guidelines.
H.
No more than one outdoor furnace shall be permitted on a lot.
A.
A permit shall be valid for a period of six months after the date
of its issuance. A permit issued pursuant to this chapter may be suspended
as the Building Inspector may determine it to be necessary to protect
the public health, safety and welfare of the residents of the Town
of Mamakating if any of the following conditions occurs:
(1)
Emissions from the outdoor furnace exhibit greater than twenty-percent
opacity (six-minute average), except for one continuous six-minute
period per hour of not more than twenty-seven-percent opacity, which
shall be determined as provided in 6 NYCRR 227-1.3(b);
(2)
Malodorous air contaminants from the outdoor furnace are detectable
outside the property of the person on whose land the outdoor furnace
is located;
(3)
The emissions from the outdoor furnace interfere with the reasonable
enjoyment of life or property;
(4)
The emissions from the outdoor furnace cause damage to vegetation
or property; or
(5)
The emissions from the outdoor furnace are or may be harmful to human
or animal health.
B.
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurance is 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 § 69-8 hereof.
A.
Violations. A violation of this chapter is hereby declared to be
an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts, provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation. The owners or occupants of premises upon which prohibited
acts occur shall be jointly and severally liable for violations of
this chapter. Any fine imposed hereunder shall, until paid, constitute
a lien upon the real property where the outdoor furnace is located.
B.
Appropriate Town actions. In case any outdoor furnace is erected,
constructed, altered, converted or maintained or any outdoor furnace
is used in violation of this chapter or of any ordinance or other
regulation made under authority conferred thereby, the proper local
authorities of the Town, in addition to other remedies, may institute
any appropriate action or proceeding to prevent such unlawful erection,
construction, reconstruction, alteration, conversion, maintenance
or use of an outdoor furnace(s) to restrain, correct or abate such
violation; to prevent the use of an outdoor furnace(s), or to prevent
any illegal act, conduct, business or use, in or about such outdoor
furnace(s), and upon the failure or refusal of the proper local officer,
board or body of the Town to institute any such appropriate action
or proceeding for a period of 10 days after written request by a resident
taxpayer of the Town so to proceed, any three taxpayers of the Town
residing in the district wherein such violation exists, who are jointly
or severally aggrieved by such violation, may institute such appropriate
action or proceeding in like manner as such local officer, board or
body of the Town is authorized to do.
This chapter is not intended and shall not be construed to prohibit
the installation, operation or use of exterior chimneys, stovepipes
or similar devices that are otherwise in conformity with other federal
or state laws, rules or regulations and that constitute any part of
any interior furnace system or interior stove system or operation,
or any system that provides the exhaust of waste heat, smoke or similar
substances from interior spaces.
Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, New York State Department of Environmental Conservation or any other federal, state, regional or local agency. Outdoor furnaces, and any electrical, plumbing or other apparatus or device used in connection with an outdoor furnace shall be installed, operated and maintained in conformity with the manufacturer's specifications and any and all local, state and federal codes, laws, rules and regulations. In case of conflict between any provision of this chapter and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail. Outdoor furnaces must conform to all other applicable regulations of the Town's Zoning, Chapter 199.
