[HISTORY: Adopted by the Town Board of the Town of Cochecton 2-11-2009 by L.L. No.
1-2009. Amendments noted where applicable.]
This chapter shall be known as the "Town of Cochecton Outdoor
Furnace Law." It is adopted pursuant to § 10 of the Municipal
Home Rule Law.
Although outdoor furnaces may provide an economical alternative
to conventional heating systems, concerns have been raised concerning
the safety and environmental impacts of these devices, particularly
the production of offensive odors and potential health effects of
uncontrolled emissions. This chapter is intended to insure 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 of Cochecton.
As used in this chapter, the following terms shall have the
meanings indicated:
When used with "outdoor furnace," means that the outdoor
furnace is already in place on the site at the time when this chapter
shall take effect.
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush smaller than three inches in diameter.
The degree of absorption of light (i.e., a window has zero
opacity; a wall is one-hundred-percent opaque).
Any device, contrivance, appliance or apparatus or any part
thereof which is installed, affixed or situated out of doors for the
primary purpose of the combustion of fuel from which heat or energy
is derived and intended to be directed therefrom by conduit or other
mechanism into any interior space for the supply of heat, hot water
or energy.
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 Cochecton without first having obtained
a permit from the Town Code Enforcement Officer. Application for permit
shall be made on the forms provided. The cost of the permit application
for a new installation shall be set by the Town Board by resolution.
Any outdoor furnace in existence on the effective date of this chapter shall be permitted to remain in operation, provided the owner thereof applies for and receives a permit, at no cost to the owner, from the Town Code Enforcement Officer within 60 days of such effective date; provided, however, that, upon the effective date of this chapter, all provisions hereof, except § 125-6B, C and D, shall immediately apply to existing outdoor furnaces. If the owner of an existing outdoor furnace does not apply for a permit within 60 days of the effective date of this chapter, the outdoor furnace shall be removed.
A.
Permitted fuel. Only firewood and untreated lumber are permitted
to be burned in an outdoor furnace. Burning of any other material
such as trash, plastics, gasoline, rubber, naphtha, household garbage,
material treated with petroleum products, particle board and pressure-treated
wood in an outdoor furnace is prohibited.
B.
Permitted location. Outdoor furnaces shall be permitted only in that
portion of the Town of Cochecton lying inside the Rural Development
(RU) or Agricultural Conservation (AC) Districts.
C.
Minimum lot size. Outdoor furnaces shall be permitted only on lots
of two acres or more.
D.
Setbacks. Outdoor furnaces shall be set back not less than 200 feet
(or 700 feet in case of a hospital or other health facility, school
or day-care center) from the nearest dwelling located off the lot
serviced by that outdoor furnace.
E.
Location. The unit shall be located with due consideration to prevailing
wind direction.
F.
Stack height requirements.
(2)
If located more than 50 but no more than 100 feet from any residence,
the stack shall be at least 75% of the height of the eave line of
that residence, plus an additional two feet.
(3)
If located more than 100 feet but no more than 150 feet from any
residence, the stack shall be at least 50% of the eave line of that
residence, plus an additional two feet.
(4)
If located more than 150 feet from any residence, the stack shall
be at least 25% of the height of the eave line of that residence,
plus an additional two feet.
G.
Dates of operation. The furnace shall be operated only between September
15 and May 15.
A.
A permit issued pursuant to this chapter may be suspended as the
Town Code Enforcement Officer may determine to be necessary to protect
the public health, safety and welfare of the residents of the Town
of Cochecton if any of the following conditions occur:
(1)
If 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 for 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 lot 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 the suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which had previously resulted in suspension of a permit shall be considered a violation of this chapter subject to the penalties provided in § 125-9 hereof.
Where the Town Board finds that extraordinary and unnecessary
hardships may result from strict compliance with this chapter, it
may vary the regulations so that substantial justice may be done and
the public interest secured, provided that such variations will not
have effect of nullifying the intent and purpose of this chapter or
jeopardizing the health, safety or welfare of the public. In varying
any regulations, the Town Board may impose such conditions and requirements
as it deems reasonable and prudent. The Town Board shall hold a public
hearing as part of its review. If the Town Board denies the waiver,
the outdoor furnace must either be brought into compliance with this
chapter or removed. If the Town Board does not take any action within
60 days from receipt of an application for waiver, the waiver shall
be deemed approved.
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. 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 and may be added to the next
Town tax bill for that property if unpaid at the time such Town tax
is levied.
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
manufacture's specifications and any and all local, state and
federal codes, laws, rules and regulations. In case of a conflict
between any provision of this chapter and any applicable federal,
state or local ordinances, laws, codes, rules or regulations, the
more restrictive or stringent provision or requirement shall prevail.
