[HISTORY: Adopted by the Board of Trustees of the Village
of Delhi 1-24-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 300.
A.
This chapter is adopted pursuant to the authority of Article 2, § 10,
of the New York State Municipal Home Rule Law, and Article 4, § 4-412
of the New York State Village Law.
B.
The Village of Delhi Code Enforcement Officer, or any other person
who may hereafter be designated by resolution of the Village Board
of Trustees, is hereby authorized in the name and on behalf of the
Village of Delhi to undertake and prosecute any proceedings necessary
or appropriate to enforce compliance with this chapter.
C.
This chapter applies to outdoor woodburning furnaces.
It is generally recognized that the types of fuel used, and
the scale and duration of burning by outdoor woodburning furnaces,
creates 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 Village
of Delhi Board of Trustees to establish and impose restrictions upon
the construction and operation of outdoor woodburning furnaces within
the limits of the Village for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare and prosperity
of the Village and its inhabitants. It is also the intention of the
Village of Delhi Board of Trustees to comply with any and all New
York State laws regarding outdoor woodburning furnaces.
As used in this chapter, the following terms shall have the
meanings indicated:
The land and on-farm buildings, equipment, manure-processing
and -handling facilities, and practices that contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a commercial horse boarding
operation and timber processing. Such farm operation may consist of
one or more parcels of owned or rented land, which parcels may be
contiguous or noncontiguous to each other.
Wood that has not been painted, stained, or treated with
any other coatings, glues or preservatives, including, but not limited
to, chromated copper arsenate, creosote, alkaline copper quaternary,
copper azole or pentachlorophenol.
Any person who makes or produces a new outdoor woodburning
furnace that is ultimately operated in the Village of Delhi.
An accessory structure, equipment, device or apparatus, designed
and intended, through the burning of wood, solid waste or other fuels,
for the purpose of heating and/or supplying hot water to the principal
structure or any other site, building, or structure on the premises.
For purposes of this chapter, an outdoor woodburning furnace includes,
but it not limited to, woodburning furnaces, woodburning boilers or
gasification units.
Any animal, vegetable, or mineral, solid, liquid, or gaseous
waste. It includes, but is not limited to, rubbish, garbage, ashes
and any unwanted or discarded material.
Hardwood, such as hickory, ash, maple or oak that has been
cut, split or stacked to promote drying and air circulation for a
minimum of one year.
Any person who owns or occupies the property at the time
the outdoor woodburning furnaces has been installed and/or operated.
A.
No person shall operate an outdoor woodburning furnace that does
not meet the requirements set forth in this chapter.
B.
An outdoor woodburning furnace shall not be located less than 500
feet from the nearest property boundary line.
(1)
Notwithstanding the above, an outdoor woodburning furnace installed
on contiguous agricultural lands larger than five acres shall not
be located less than 500 feet or more form the nearest residence not
served by the outdoor woodburning furnace.
(2)
Notwithstanding the above, an outdoor woodburning furnace shall not
be located less than 1,000 feet from a school.
C.
Stack height. An outdoor woodburning furnace shall be equipped with
a permanent stack extending at least two feet above the peak of any
roofline of any structure located within 100 feet of the outdoor woodburning
furnace and must extend a minimum of 18 feet above ground level.
D.
Wood which is to be delivered for use in an outdoor woodburning furnace
as a permitted fuel, must be cut, split and stacked within seven calendar
days from delivery.
E.
No person shall cause or allow emissions of air contaminants from
an outdoor woodburning furnace to the outdoor atmosphere of a quantity,
characteristic or duration which is injurious to human, plant or animal
life or to property, or which unreasonably interferes with the comfortable
enjoyment of life or property. This prohibition applies, but is not
limited to, the following conditions:
F.
No person shall operate an outdoor woodburning furnace in defiance
of the manufacturer's instructions or guidelines.
A.
A person who operates an outdoor woodburning furnace may only burn
the following fuels in such outdoor woodburning furnace:
(1)
Seasoned clean wood;
(2)
Wood fuel;
(3)
Untreated lumber;
(4)
Wood pellets made from clean wood;
(5)
Corn pellets;
(6)
Biomass pellets;
(7)
Nonglossy, noncolored papers, including newspaper, may be used only
to start an outdoor woodburning furnace;
(8)
Other fuels specifically permitted by the manufacturer's instructions,
such as fuel oil, natural gas or propane backup and specifically permitted
by the New York State law.
B.
No person shall burn any of the following items in an outdoor woodburning
furnace:
(1)
Any wood that does not meet the definition of clean wood;
(2)
Unseasoned wood;
(3)
Refuse;
(4)
Tires;
(5)
Yard waste, including lawn clippings;
(6)
Plastics or materials containing plastics (including but not limited
to nylon, PVC, ABS, polystyrene, or urethane, foam and synthetic fabrics,
plastic films and plastic containers);
(7)
Gasoline or waste petroleum products;
(8)
Rubber;
(9)
Material treated with petroleum products (particle board, railroad
ties and pressure-treated wood);
(10)
Wood that has been painted, varnished or coated with similar
material and/or has been pressure treated with preservatives and contains
resins or glues;
(11)
Paper, except as permitted above;
(12)
Coal;
(13)
Paints or paint thinners;
(14)
Construction and demolition debris;
(15)
Any other material prohibited for combustion by state or federal
statute.
A.
Except as hereinafter provided, the lawful use of any outdoor woodburning
furnace existing at the time of the adoption of this chapter may be
continued.
B.
No outdoor woodburning furnace existing at the time of the adoption
of this chapter shall thereafter be extended or enlarged.
C.
Any existing outdoor woodburning furnace which is 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 fails to remove the outdoor woodburning furnace
by the end of said seven-consecutive-month period, the Village of
Delhi Code Enforcement Officer shall give written notice by certified
mail or personal service to the owner of the property up on which
the outdoor woodburning furnace is located. Such notice shall provide
that said owner shall remove the outdoor woodburning furnace within
15 days of the date the notice is either postmarked or personally
served upon the owner.
(2)
Should the outdoor woodburning 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 Village to effect said removal (including
any attorneys' fees incurred by the Village to effect the removal),
plus an amount equal to 50% of said costs of removal, shall be charged
to the property owner. Said expense shall be paid by the property
owner 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 Village tax levy against the
property.
D.
No existing outdoor woodburning furnace which has been damaged by
any reason to the extent of more than 75% of its assessed value for
Village of Delhi tax purposes shall be repaired or rebuilt.
E.
No existing outdoor woodburning furnace shall be used to burn any
substance prohibited under 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 of not more than 15 days,
or both such fine and imprisonment. Each week's continued 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.
Any person who violates any provision of this chapter shall also be
subject to a civil penalty of not more than $500, to be recovered
by the Village in a civil action. Each week's continued violation
shall be a separate and distinct offense.
C.
In the event the Village is required to take legal action to enforce
this chapter, the violator is responsible for any and all costs incurred
by the Village, including attorneys' fees, costs and disbursements,
and such amount shall be determined and assessed by the Court and
such expense shall be charged to the property so affected by including
such expense in the next Village tax levy against the property.
