[HISTORY: Adopted by the Town Board of the
Town of Wallkill 4-24-2008 by L.L. No. 5-2008. Amendments noted where
applicable.]
This chapter shall be referred to as the "Town
of Wallkill Outdoor Furnaces Local Law."
Although outdoor furnaces may provide an economical
alternative to conventional heating systems, concerns have been raised
regarding the safety and environmental impact of these heating devices,
particularly the emission 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.
As used in this chapter, the following terms
shall have the meanings indicated:
An outdoor wood-burning furnace device that has been tested
and demonstrated to meet current United States Environmental Protection
Agency (EPA) emission standards for such device and has received certification
of approval from EPA.
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush.
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.
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 Wallkill without first
having obtained a permit from the Town Building Inspector. Application
for permit shall be made to the Building Inspector 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 Inspector within one year of such effective date; provided, however, that upon the effective date of this chapter, all provisions hereof, except § 129-6B and C, shall immediately apply to existing outdoor furnaces. All of the provisions of this chapter shall continue to apply to existing outdoor furnaces which receive permits except § 129-6B and C. 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 on the site.
A.
Permitted fuel. Only firewood and untreated lumber
are permitted to be burned in any outdoor furnace. Burning of any
and all other materials in an outdoor furnace is prohibited.
C.
Minimum lot size. Outdoor furnaces shall be permitted
only on lots of two acres or more.
D.
Setbacks. Outdoor furnaces shall be set back not less
than 75 feet from the property line and shall not be located in the
front of the lot or less than 25 feet from the structure to be heated.
E.
Spark arrestors. All outdoor furnaces shall be equipped
with properly functioning spark arrestors.
F.
Chimney height. The appropriate chimney height will
be determined by the Building Inspector upon inspection of the outdoor
furnace on a case by case basis and may be altered by the Building
Inspector if circumstances dictate that such alteration is necessary
in the interest of public safety.
G.
Outdoor furnaces must be EPA approved.
H.
No more than one outdoor furnace shall be permitted
on a lot.
A.
A permit issued pursuant to this chapter may be suspended
as the Building Inspector may determine to be necessary to protect
the public health, safety and welfare of the residents of the Town
of Wallkill if any of the following conditions occurs:
(1)
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);
(2)
Malodorous air contaminants from the outdoor furnace
are detectable outside the property of the person on whose land the
outdoor furnace is located;
(3)
The emissions from the outdoor furnace interfere with
the reasonable enjoyment of life or property;
(4)
The emissions from the outdoor furnace cause damage
to vegetation or property; or
(5)
The emissions from the outdoor furnace are or may
be harmful to human or animal health.
B.
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurance is 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 this chapter subject to the penalties provided in § 129-8 hereof.
A.
Violations. A violation of this chapter is hereby
declared to be an offense, punishable by a fine not exceeding $350
or imprisonment for a period not to exceed six months, or both, for
conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purpose of conferring jurisdiction upon
courts, provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation. The owners or occupants of premises
upon which prohibited acts occur shall be jointly and severally liable
for violations of this chapter. Any fine imposed hereunder shall,
until paid, constitute a lien upon the real property where the outdoor
furnace is located.
B.
Appropriate Town actions. In case any outdoor furnace
is erected, constructed, altered, converted or maintained or any outdoor
furnace is used in violation of this chapter or of any ordinance or
other regulation made under authority conferred thereby, the proper
local authorities of the Town, in addition to other remedies, may
institute any appropriate action or proceeding to prevent such unlawful
erection, construction, reconstruction, alteration, conversion, maintenance
or use of an outdoor furnace(s) to restrain, correct or abate such
violation; to prevent the use of an outdoor furnace(s); or to prevent
any illegal act, conduct, business or use, in or about such outdoor
furnace(s); and upon the failure or refusal of the proper local officer,
board or body of the Town to institute any such appropriate action
or proceeding for a period of 10 days after written request by a resident
taxpayer of the Town so to proceed, any three taxpayers of the Town
residing in the district wherein such violation exists, who are jointly
or severally aggrieved by such violation, may institute such appropriate
action or proceeding in like manner as such local officer, board or
body of the Town is authorized to do.
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 conflict between any provision of this chapter and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail. Outdoor furnaces must conform to all other applicable regulations of the Town's Zoning, Chapter 249.
