[HISTORY: Adopted by the Town Board of the Town of Chenango 9-19-2005 by L.L. No. 3-2005. Amendments noted where applicable.]
Although outdoor furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and the potential health effects of uncontrolled emissions. This chapter is intended to ensure 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.
As used in this chapter, the following terms shall have the meanings indicated:
FIREWOOD
Trunks and branches of trees and bushes, but does not include leaves, needles, vines or brush smaller than two inches in diameter.
OUTDOOR FURNACE
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 and/or hot water for any space. Swimming pool heaters using natural gas or propane are exempt from this definition.
UNTREATED LUMBER
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 Chenango without first having obtained a permit from the Town Ordinance Office, excepting, however, that all operators or owners with outdoor furnaces preexisting at the adoption of this chapter shall have one year from the effective date thereof to obtain a permit conforming to the regulations herein stated. Permit fees shall be established by the Town Board of the Town of Chenango.
[Amended 9-18-2006 by L.L. No. 3-2006]
Any outdoor furnace in existence in an agricultural zone prior to the enactment of this section shall be permitted to remain, provided that the owner conforms to all the provisions and requirements of this chapter. Failure to comply with these provisions and requirements shall be a violation of this law, and conviction thereof for a second violation shall result in the removal of the outdoor furnace. Any outdoor furnace in existence in any other zone (other than an agricultural zone) prior to the enactment of this law shall no longer be permitted to operate after August 16, 2010. Exceptions to the August 16, 2010 phase-out date may be granted by the Zoning Board of Appeals on a yearly basis. Each yearly request must be submitted to the Zoning Board of Appeals two months before the start of a new year of operation.
Only firewood and untreated lumber are permitted to be burned in any outdoor furnace. Burning of any and all other materials, such as rubbish, garbage, paint, furniture, composite shingles, construction debris, waste oil, products containing asphalt, treated, painted or stained wood, plywood, composite wood products, plastics, synthetic fabrics, foam, rubber including tires, newspaper, corrugated cardboard, office paper and container board in an outdoor furnace is strictly prohibited.
Outdoor furnaces shall be permitted only in a zone designated as an Agricultural Zone (A) and with a minimum lot size of two acres or more.
[Amended 9-18-2006 by L.L. No. 3-2006]
Outdoor furnaces shall be set back a minimum of at least 50 feet from the nearest property line and 50 feet from the nearest public road with the stack heights conforming to those requirements specified under § 41-9 below. Outdoor furnaces must meet all accessory structure setbacks as delineated in § 73-45, Attachment II: Schedule of Regulations, A - Agricultural District.
All outdoor furnaces shall be equipped with properly functioning spark arrestors or be in conformity with manufacturer's specification with regard to the release of sparks.
All outdoor furnaces shall have a chimney that extends at least nine feet above the ground of the furnace. An outdoor furnace in existence on the effective date of this chapter shall, within a year of the adoption of this chapter, install a chimney that extends at least nine feet in height above the ground surface. The chimney heights shall be determined by the distance from the nearest residence.
A. 
If located more than 50 feet but not more than 100 feet to any residence, the top of the stack must be at least 75% of the height of the eaves line of that residence plus an additional two feet.
B. 
If located more than 100 feet but no more than 150 feet to any residence, the top of the stack must be at least 50% of the eaves line of that residence plus an additional two feet.
C. 
If located more than 150 feet but not more than 200 feet to any residence, the top of the stack must be at least 25% of the height of the eaves line of that residence plus an additional two feet.
D. 
If located more than 200 feet from any residence, the top of the stack must be at least nine feet from the ground.
E. 
In all cases above, the top of the stack must be a minimum of at least nine feet from the ground.
A permit issued pursuant to this chapter may be suspended as the Ordinance Officer may determine to be necessary to protect the public health, safety and welfare of the residents of the Town of Chenango, if any of the following conditions occur:
A. 
The emissions from the outdoor furnace interfere with the reasonable enjoyment of life, safety or property.
B. 
The emissions from the outdoor furnace cause damage to vegetation or property.
C. 
The emissions from the outdoor furnace are unreasonably malodorous.
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are 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 the chapter subject to the penalties provided below.
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, for the first offense. Any subsequent offense shall be punishable by a fine of not more than $1,000 or imprisonment for a period of not more than 30 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 until paid.