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.
PERSON
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:
A. No such furnace shall hereafter be extended or modified.
B. 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.
C. 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.
D. 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.
E. 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.
F. No such furnaces shall be used to burn any substance except natural
and properly seasoned wood.
G. The smokestack of such furnaces shall be higher than any building
located within 50 feet, inclusive of any building situated on the
subject premises.
H. 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.
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.