[HISTORY: Adopted by the Town Board of the Town of Union 2-15-2006 by L.L. No. 2-2006. Amendments noted where applicable.]
Building Department — See Ch. 15.
Fire prevention and building construction — See Ch. 118.
Zoning — See Ch. 205.
This chapter shall be known as the "Town of Union Outdoor Furnace Local Law." It is adopted pursuant to the Municipal Home Rule Law.
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 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 of Union.
As used in this chapter, the following terms shall have the meanings indicated:
- Trunks and branches of trees and bushes but does not include leaves, needles, vines or brush smaller than three 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 for any interior space.
- 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 Union without first having obtained a building permit from the Town Building Official. Application for a permit shall be made to the Building Official on the forms provided.
Any outdoor furnace in existence on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit from the Town Building Official within one year of such effective date; provided, however, that upon the effective date of this chapter, all the provisions hereof except § 144-6B, C, and D immediately apply to existing outdoor furnaces. All of the provisions of this chapter shall continue to apply to existing outdoor furnaces that receive permits except § 144-6B, C, and D. If the owner of an existing outdoor furnace does not receive a permit within one year of the effective date of this chapter, the outdoor furnace shall be removed. "Existing" or "in existence" means that the outdoor furnace is in place and operational on the site.
Permitted fuel. Only firewood and untreated lumber are permitted to be burned in any outdoor furnace. Burning any and all other materials in an outdoor furnace is prohibited.
Permitted zones. Outdoor furnaces shall be permitted only in the agricultural zoning district as shown on the Town's Zoning Map.
Minimum lot size. Outdoor furnaces shall be permitted only on lots of three acres or more.
Setbacks. Outdoor furnaces shall be set back not less than 100 feet from the nearest lot line and to the rear of the principal building.
Months of operation. Outdoor furnaces shall be operated only between September 1 and May 31 of the next year.
Spark arrestors. All outdoor furnaces shall be equipped with properly functioning spark arrestors.
A permit issued pursuant to this chapter may be suspended as the Building Official may determine to be necessary to protect the public health, safety and welfare of the residents of the Town of Union if any of the following conditions occurs:
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 in 6 NYCRR 227-1.3(b);
Malodorous air contaminants from the outdoor furnace are detectable outside the property of the person on whose land the outdoor furnace is located;
The emissions from the outdoor furnace interfere with the reasonable enjoyment of life or property;
The emissions from the outdoor furnace cause damage to vegetation or property; or
The emissions from the outdoor furnace are or may be harmful to human or animal health.
A suspended permit may be reinstated once the condition that resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition that has previously resulted in suspension of a permit shall be considered a violation of this chapter subject to the penalties provided in § 144-8 hereof.
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 $250 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.
The invalidity of any clause, sentence, paragraph or provision of this chapter shall not invalidate any other clause, sentence, paragraph or part thereof.
This chapter shall take effect upon filing in the office of the New York State Secretary of State.