[HISTORY: Adopted by the Board of Trustees of the Village of Fonda 10-13-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
This chapter is adopted pursuant to the authority of Article II, § 10(1)(ii)(a), of the Municipal Home Rule Law.
Despite the providing of an economic alternative to conventional heating systems, it is recognized by the Board of Trustees of the Village of Fonda, based upon complaints received from local residents and findings of the Attorney General regarding the increase in pollution caused by short chimney smoke release and extensive fine particulate emissions, that the scale, duration and necessary manner of burning associated with outdoor wood-burning furnaces creates noxious and hazardous smoke, soot, fumes, odors and air pollution which is potentially detrimental to the health, comfort, convenience, safety and welfare of local inhabitants, as well as the public at large and local environment, and further deprives neighboring residents of the enjoyment of their property or premises.
As used in this chapter, the following terms are described as follows:
- OUTDOOR WOOD-BURNING FURNACES
- Any freestanding combustion unit, accessory structure, or appliance, designed for a location ordinarily outside the home and which transfers or provides heat, via liquid or other means, by the burning of wood or solid waste, to locations, including, but not limited to, homes, garages, swimming pools, hot tubs and jacuzzis.
- Property owner, builder, installer or user whether a human being or legal entity.
- PROPERTY OWNER
- Either the record titleholder, lessee, or land contract buyer of applicable premises or all of such parties.
It is the intention of the Board of Trustees of the Village of Fonda by the adoption of this chapter, as hereafter applicable within municipal boundaries, to prohibit the construction and operation of outdoor wood-burning furnaces and to establish and impose restrictions upon outdoor wood-burning furnaces existing at the time of this enactment
The construction and operation of outdoor wood-burning furnaces, and the continuing operation of existing outdoor wood-burning furnaces neither in compliance with manufacturer's guidelines nor the nonconforming uses criteria hereafter designated, are prohibited within the Village of Fonda thereby subjecting any building, installer, property owner or user of such a furnace to the penalties and remedies described herein.
Outdoor wood-burning furnaces existing at the time of adoption of this chapter shall be deemed continuing nonconforming uses subject to the following conditions, restrictions and requirements:
No such furnace shall hereafter be extended or modified.
Any such furnace which is abandoned or discontinued for a continuous period of seven months shall not be reestablished as a nonconforming use and must be immediately removed by the property owner or user from the subject premises.
No such furnaces which have been damaged by natural causes to the extent or more than 75% of their assessed values for local tax purposes shall be repaired or rebuilt for use in the Village of Fonda.
To insure appropriate and continuing compliance with manufacturers' guidelines and all applicable New York State codes, all such furnaces, as may be directed by the enforcement officer, are subject to random testing and installation verification at the sole expense of the property owner or user.
All property owners or users of such furnaces, at a cost of $50 per year, or such greater amount as may hereafter be periodically determined by the Board of Trustees, must secure an annual permit from the enforcement officer and file with him or her the most recent operational and maintenance guidelines that may have been furnished by the manufacturer.
No such furnaces shall be used to burn any substance except natural and properly seasoned wood.
The smokestack of such furnaces shall be higher than any building located within 50 feet, inclusive of any building situated on the subject premises.
Notwithstanding compliance with all nonconforming use conditions, restrictions and requirements hereon, no property owners or users of such furnaces, in regard to the ultimate effects of its operation, shall be considered exempt from an alleged violation of other laws which may be applicable.
Any person who violates any provision of this chapter shall, in a court of competent jurisdiction, be guilty of a violation as defined in Article 10 of Penal Law and shall, upon conviction, in addition to applicable surcharge, be subject to a fine of not more than $250, or to imprisonment for not more than 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and distinct offense.
Nothing herein contained shall prevent a court of competent jurisdiction from imposing a sentence of unconditional discharge or conditional discharge, or a disposition of adjournment in contemplation of dismissal, in accordance with, and as all defined in, the Penal Law and Criminal Procedure Law.
The Village Board of the Village of Fonda, or its enforcement officer, is hereby authorized in the name of and in behalf of the Village to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
The Code Enforcement Officer of the Village of Fonda, as enforcement officer, shall have the authority to enforce the various provisions of this chapter and to issue an appearance ticket, as defined in the Criminal Procedure Law, for alleged noncriminal violation.