[HISTORY: Adopted by the Town Board of the
Town of Newstead 8-27-2007 by L.L. No. 3-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 450.
This chapter shall be known as Local Law No.
3 of the Year 2007 entitled "Outdoor Furnace Law of the Town of Newstead."
The purpose of this chapter is to amend the
Code of the Town of Newstead to add a new law regulating the installation,
operation and maintenance of outdoor furnaces within the Town of Newstead.
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.
EXISTING or IN EXISTENCE — 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.
Dry seasoned trunks and branches of trees and bushes, but
does not include leaves, needles, vines, or brush smaller than one
inch in diameter.
Any equipment, device or apparatus, or any part thereof including
a shelter or enclosure, 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 or hot water.
Shall include, but are not limited to, railroad ties, oil
products and byproducts, and unseasoned firewood or 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 Newstead without first having obtained a permit from the Town of Newstead except as specified in § 431-5 hereafter. Application for permit shall be made on the forms provided and includes a site plan. The cost of a permit application shall be as set forth on the Fee Schedule of the Town, as amended from time to time.[1] The Town shall have the right to inspect the installation
for safety and/or other code violations and to ensure the unit is
installed per manufacturer's recommendations.
[1]
Editor's Note: The Fee Schedule is on file
in the office of the Town Clerk.
Any outdoor furnace in existence on the effective date of this chapter shall be permitted to remain in operation and shall not require a permit until such time as a valid written complaint (see § 431-8B) is received, reviewed, and determined to be a legitimate complaint by the Town Code Enforcement Officer/Building Inspector (CEO). The outdoor furnace owner shall be advised of the complaint, supplied with operating recommendations, and directed to make adjustments as required to correct the problem. At that time, they will be issued a permit at no cost, provided the owner can prove that this was an existing furnace before the time when this chapter took effect. All of the provisions of this chapter shall apply to existing outdoor furnaces with the exception of § 431-6C and D below.
A.
Permitted fuel. Only firewood, untreated lumber and
manufacturers' recommended and governmentally approved fuels are permitted
to be burned in an outdoor furnace. Burning of any prohibited materials
in an outdoor furnace is unlawful.
B.
Permitted location. Outdoor furnaces shall be permitted
only in that portion of the Town of Newstead lying outside of the
Village of Akron.
C.
Minimum lot size. Outdoor furnaces shall be permitted
only on lots of one acre or more. Outdoor furnace permit applicants
shall be provided a copy of this chapter.
D.
Setbacks. Outdoor furnaces shall be set back not less
than 150 feet from the nearest dwelling located off the lot serviced
by that outdoor furnace and not less than 50 feet from the property
line.
A permit issued pursuant to this chapter may be reviewed, suspended, or revoked via the enforcement procedure of § 431-8 in effect to protect the public health, safety and welfare of the residents of the Town of Newstead, if the Code Enforcement Officer observes and determines that any of the following conditions could have occurred or are occurring:
A.
Malodorous air contaminants from the outdoor furnace
are detectable outside the property of the person on whose lot the
outdoor furnace is located;
B.
The emissions from the outdoor furnace interfere with
the reasonable enjoyment of life or property;
C.
The emissions from the outdoor furnace are or may
be harmful to human or animal health;
D.
The emissions from the outdoor furnace cause damage
to vegetation or property;
E.
Violation of 6 NYCRR 227-1.3(b) opacity. No person
shall operate a stationary combustion installation which exhibits
greater than twenty-percent opacity (six-minute average), except for
one six-minute period per hour of not more than twenty-seven-percent
opacity.
The Code Enforcement Officer shall adhere to
the following sequence of procedures:
A.
Informal call to Town or observation by Town official.
Town Code Enforcement Officer (CEO) checks out area to see if valid
problem or a short-term aberration. Notifies property owner there
could be a possible problem and leaves operating checklist.
B.
Formal written complaint. CEO checks out if complaint
is valid by observing complainant location relative to unit, proper
fuel supply, poor maintenance or other obvious signs of unacceptable
performance including photographic evidence. CEO informs property
owner of formal valid complaint, offers suggestions and reviews checklist.
C.
Second formal complaint within 12 months of first
complaint. CEO determines if valid and notifies property owner of
second complaint, informs property owner third complaint will result
in suspension of operating permit, inspects site for problems and
recommends course of action. Property owner must have service call
by manufacturer's representative and provide CEO with signed documentation.
CEO inspects all corrective actions.
D.
Third formal complaint within 12 months of first complaint.
CEO determines if valid and notifies property owner. CEO orders formal
test [referenced in 6-NYCRR 227-1.3(b)] and/or suspends operating
permit. Necessary corrections must be implemented and inspected before
permit is reinstated.
E.
Fourth formal complaint within 12 months of first
complaint. Operating permit is suspended pending review by Town Board
for permanent revocation. If operating permit is revoked, unit must
be removed at owner's expense.
If a property owner is denied a permit because
such owner cannot comply with the requirements of this chapter with
respect to the distance requirements from the side lot line or from
the nearest dwelling located off the lot, such property owner may
apply to the Zoning Board of Appeals for an area variance.
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. If any permit issued pursuant to this chapter is revoked per § 431-8E, the subject outdoor furnace property owner and/or operator shall not be eligible for another permit. Each day 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 manufacturer'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.
