The purpose of this chapter is to establish
minimum standards for the regulation of the installation and use of
outdoor furnaces.
The Town of Horseheads has determined the 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, potential health effects of uncontrolled emissions
and the deprivation of neighboring residents of the enjoyment of their
property or premises. This is to insure proper regulation of the installation
and operation of such appliance so that it does not create a nuisance
or is not detrimental to the health, safety and welfare of the Town.
For the purpose of this chapter, certain words
and terms shall have the following meanings. Unless defined below,
words and phrases used in this chapter shall be interpreted so as
to give them the meaning they have in common usage and to give this
chapter its most reasonable application:
EXISTING or IN EXISTENCE
When used with an outdoor woodburning furnace or furnace,
the furnace that is already in place and in use on the site at the
time when this chapter shall take effect.
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, an accessory structure,
whether attached to or detached from a principal structure, designed
and intended to provide large quantities of heated water, heated air
or heat in general, through the burning of wood or combustion of fuel
for the primary purpose of heating the principal structure, and/or
any other structure located on the same premises or lot, or as a component
of a heating system providing heat or hot water for any interior space.
This definition shall include sheltered and unsheltered furnaces.
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.
It shall be unlawful to install or operate an
outdoor furnace in a Residence B, Residence AA, Business, Neighborhood
Service Zone or Residence A Zoning District under three acres. The
installations shall be permitted in Agricultural and Hill, Manufacturing,
and Residence A Zoning Districts over three acres.
Violation of this chapter shall be punishable
by fine or imprisonment or both as prescribed by Chapter I, Article
II, of the Code of the Town of Horseheads. Each week shall be a separate
violation shall constitute a separate additional offense.
Compliance with this chapter may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction. Any person who violates any provision of this chapter shall also be subject to a civil penalty of not more than the maximum amount which could be collected pursuant to §
114-7 of this chapter, to be recovered by the Town in a civil action, and each week's continued violation shall, for the purpose of this chapter, be a separate and distinct violation. In the event the Town is required to take legal action to enforce this chapter, the violator shall be responsible for any and all necessary costs relative thereto, including attorney's fees. Such costs are to be in addition to the civil penalty amount imposed hereunder. All such amounts awarded under this section may, if they remain uncollected, be charged to the property so affected by including such expense in the next annual tax levy against the property.
The Code Enforcement Officer or any police officer
of the State of New York or its subordinate jurisdictions is hereby
authorized in the name and on behalf of the Town to undertake and
prosecute any proceedings necessary to enforce compliance with this
chapter.