[HISTORY: Adopted by the Town Board of the Town of Thompson 3-3-2009 by L.L. No.
2-2009 (Ch. 172 of the 2003 Code). Amendments noted
where applicable.]
This chapter shall be referred to as the "Town of Thompson Outdoor
Woodburning Furnaces/Boilers Local Law."
A.Â
This chapter is adopted pursuant to the authority of Article 2, § 10,
of the New York State Municipal Home Rule Law.
B.Â
The Town of Thompson Building Inspector, Code Enforcement Officer,
or any other person who may hereafter be designated by resolution
of the Town Board of the Town of Thompson is hereby authorized in
the name and on behalf of the Town of Thompson to undertake and prosecute
any proceedings necessary or appropriate to enforce compliance with
this chapter.
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 offensive odors and potential health effects of uncontrolled
emissions. This chapter is intended to ensure that outdoor furnaces/boilers
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:
An outdoor woodburning furnace/boiler device that has been
tested and demonstrated to meet current United States Environmental
Protection Agency (EPA) emission standards for such device and has
received certification of approval from EPA.
Trunks and branches of trees and bushes, but not including
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 or energy used as a component
of a heating system providing heat or hot water for any interior space.
Any equipment, device or apparatus, or any part thereof,
which is designed to be installed, affixed or situated outdoors for
the primary purpose of combustion of firewood, untreated lumber or
other combustible material recommended by the device manufacturer
to produce heat or energy used as a component of a heating system
providing 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, preservative,
glue, adhesive, stain, paint or other substance.
No person shall cause, allow or maintain the use of an outdoor
furnace/boiler within the Town of Thompson without first having obtained
a permit from the Town Building Inspector. Application for permit
shall be made to the Building Inspector on the forms provided. The
application fee shall be as set forth in the fee schedule adopted
by the Town Board of the Town of Thompson. No outdoor woodburning
furnace/boiler may be operated or installed without a permit or a
timely pending application.
A.Â
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 Building Department within 60 days from such effective date; provided, however, that upon the effective date of this chapter, all provisions hereof, except § 169-7B, C, D, F, and G shall immediately apply to existing outdoor furnaces/boilers. All of the provisions of this chapter shall continue to apply to existing outdoor furnaces/boilers which receive permits except § 169-7B, C, D, F and G. If the owner of an existing outdoor furnace/boiler does not receive a permit within 60 days of the effective date of this chapter, the outdoor furnace/boiler shall be removed. "Existing" or "in existence" means that the outdoor furnace/boiler is in place on the site. The application fee shall be as set forth in the Fee Schedule adopted by the Town Board of the Town of Thompson.[1] No outdoor woodburning furnace/boiler may be operated
or installed without a permit or a timely pending application.
[1]
Editor's Note: The Fee Schedule is on file at the office of
the Town Clerk.
B.Â
If a residential or commercial building is built on an adjoining
property after a wood furnace is installed on the neighboring property,
the neighboring wood stove cannot impact the new homeowner/building
owner and the owner of the wood stove may have to modify the installation
of it, and in extreme cases may have to remove the wood furnace.
C.Â
Minimum lot size. Outdoor furnaces/boilers shall be permitted only
on lots of two acres or more.
D.Â
Setbacks. Outdoor furnaces/boilers shall be set back not less than
100 feet from the front and rear property line and shall not be located
closer to the road than the main dwelling, and not less than 50 feet
from the side property line, or be not less than 25 feet from the
structure to be heated, or per the manufacturer's specifications.
E.Â
Chimney height. There must be a minimum of a twelve-foot chimney,
measured from the top of the appliance to the top of the spark arrestor.
The chimney pipe extension must be secured in an appropriate manner
as determined by the Building Inspector or Code Enforcement Officer.
F.Â
Outdoor furnaces/boilers must be EPA approved.
G.Â
No more than one outdoor furnace/boiler shall be permitted on a lot.
A.Â
A permit issued pursuant to this chapter may be suspended as the
Building Inspector may determine to be necessary to protect the public
health, safety and welfare of the residents of the Town of Thompson
if any of the following conditions occur:
(1)Â
Emissions from the outdoor furnace exhibit greater than 20% opacity
(six-minute average), except for one continuous six-minute period
per hour of not more than 27% opacity, which shall be determined as
provided in 6 NYCRR 227-1.3(b);
(2)Â
Malodorous air contaminants from the outdoor furnace/boiler are detectable
outside the property of the person whose land the outdoor furnace/boiler
is located;
(3)Â
The emissions from the outdoor furnace/boiler interfere with the
reasonable enjoyment of life or property;
(4)Â
The emissions from the outdoor furnace/boiler cause damage to vegetation
or property; or
(5)Â
The emissions from the outdoor furnace/boiler are or may be harmful
to human or animal health.
B.Â
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 § 169-9.
A.Â
Any person who violates any provision of this chapter shall be guilty of a violation and shall, upon conviction, be subject to the penalties in Chapter 1, Article II, General Penalty, of this Code, except that each week's violation shall constitute a separate and distinct offense and, after two offenses, the fine shall be raised to no more than $500.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.Â
Compliance with this chapter may also be compelled and violations
restrained by order or by injunction of a court of competent jurisdiction.
C.Â
In case any outdoor furnace/boiler is erected, constructed, altered,
converted or maintained or any outdoor furnace/boiler 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/boiler
to restrain, correct or abate such violation; to prevent such use
of an outdoor furnace/boiler; or to prevent any illegal act, conduct,
business or use, in or about such outdoor furnace/boiler, 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.
A.Â
All outdoor woodburning furnaces/boilers must be in strict compliance
with the manufacturer's specifications pertaining to installation,
operation and maintenance. In the event of a conflict, the regulations
promulgated hereunder shall apply, unless the manufacturer's
instructions are more stringent than the regulations promulgated hereunder,
in which case the manufacturer's instructions shall apply.
B.Â
No outdoor wood-burning furnace/boiler may be operated from May 15
through September 15.
[Amended 11-19-2013 by L.L. No. 6-2013]
C.Â
D.Â
No outdoor woodburning furnace/boiler existing at the time of the
adoption of this chapter shall thereafter be extended or enlarged
or replaced without proper permit.
E.Â
Any existing outdoor woodburning furnace/boiler which is unused,
abandoned or discontinued for a period of 12 consecutive months shall
not be permitted to be re-established as a nonconforming use, and
must be immediately removed by the property owner from the subject
premises.
(1)Â
If the property owner fails to remove the outdoor woodburning furnace/boiler
by the end of said twelve-consecutive-month period, the Town of Thompson
Building Inspector or Code Enforcement Officer shall give written
notice by certified mail or personal service to the owner of the property
upon which the outdoor woodburning furnace/boiler is located. Such
notice shall provide that said owner shall remove the outdoor woodburning
furnace/boiler within 15 days of the date the notice is either postmarked
or personally served upon the owner.
(2)Â
Should the outdoor woodburning furnace/boiler not be removed within
the time specified, the Building Inspector shall take the necessary
and appropriate steps to effect its removal.
(3)Â
The cost incurred by the Town to effect said 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 expenses in the next annual Town tax
levy against the property.
F.Â
No existing outdoor woodburning furnace/boiler which has been damaged
by any reason to the extent that its repair, rebuilding or replacement
would cost more than 75% of its original purchase price shall be removed
or replaced by the property owner within 90 days of the date of said
damage.
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/boilers, and any electrical, plumbing or other apparatus or device used in connection with an outdoor furnace/boiler, 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/boilers must conform to all other applicable regulations of Chapter 250, Zoning and Planned Unit Development.
