[HISTORY: Adopted by the Town Board of the Town of Hyde Park 12-17-2007 by L.L. No. 14-2007. Amendments noted where applicable.]
Building code administration and enforcement — See Ch. 40.
Fire prevention — See Ch. 57.
Zoning — See Ch. 108.
This chapter is adopted pursuant to the authority of Article 2, § 10, of the New York State Municipal Home Rule Law.
The Town Of Hyde Park Zoning Administrator, Building Inspector or any other person who may hereafter be designated by resolution of the Town Board of the Town of Hyde Park is hereby authorized in the name and on behalf of the Town of Hyde Park to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
It is generally recognized that outdoor wood-burning furnaces can create noxious and hazardous smoke, soot, fumes, odors and air pollution, can be detrimental to citizens' health, and can deprive neighboring residents of the enjoyment of their property or premises. Therefore, with the adoption of this chapter, it is the intention of the Town Board of the Town of Hyde Park to establish and impose restrictions upon the operation of outdoor wood-burning furnaces within the limits of the Town of Hyde Park, for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Town and its inhabitants.
As used in this chapter, the following terms shall have the meanings indicated:
- EPA APPROVED
- 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.
- OUTDOOR WOOD-BURNING FURNACE
- Any accessory device designed and intended to heat a building and/or the building's hot water system through the burning of wood, located outside the building and/or water system it is intended to heat.
The construction, installation, and operation of outdoor wood-burning furnaces are hereby prohibited within all zoning districts of the Town of Hyde Park, except that such outdoor wood-burning furnaces are permitted to be constructed, installed and operated on parcels over 10 acres in size in compliance with the rules and regulations set forth herein.
Any person who violates any provision of this chapter shall be guilty of a violation as defined in Article 10 of the New York State Penal Law, and shall, upon conviction, be subject to a fine of not more than $250 or to imprisonment for not more than 15 days, or both such fine and imprisonment. Each week's violation shall constitute a separate and distinct offense and after two offenses, the fine shall be raised to no more than $500.
Compliance with this chapter may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction.
Except as hereinafter provided, an outdoor wood-burning furnace existing and in lawful operation at the time of the adoption of this chapter may continue in operation but must comply with the following requirements. The owner of any such outdoor wood-burning furnace shall apply to the Hyde Park Building Inspector for a permit to operate, within 60 days of the effective date of this chapter. The application fee shall be as set forth in the Fee Schedule adopted by the Town Board of the Town of Hyde Park. No outdoor wood-burning furnace may be operated or installed without a permit or a timely pending application.
All outdoor wood-burning furnaces must be in strict compliance with the manufacturer's specifications pertaining to installation, operation and maintenance. In the event of a conflict, the regulations promulgated hereunder shall apply, unless the manufacturer's instructions are more stringent than the regulations promulgated hereunder, in which case the manufacturer's instructions shall apply.
No outdoor wood-burning furnace may be operated from May 15 through October 15.
Fuel for any outdoor wood-burning furnace shall be only natural untreated wood or fuels specifically permitted by the manufacturer. Notwithstanding the foregoing, the following fuels are strictly prohibited:
The minimum chimney height on all outdoor wood-burning furnaces shall be 15 feet above the outdoor furnace and two feet higher then any building within 500 feet.
All outdoor wood-burning furnaces must be located at least 300 feet from all property lines.
All outdoor wood-burning furnaces must be equipped with a properly functioning spark arrestor.
No outdoor wood-burning furnace existing at the time of the adoption of this chapter shall thereafter be extended or enlarged or replaced.
Any existing outdoor wood-burning furnace which is unused, abandoned or discontinued for a period of 12 consecutive months shall not be permitted to be re-established as a nonconforming use, and must be immediately removed by the property owner from the subject premises.
If the property owner fails to remove the outdoor wood-burning furnace by the end of said 12 consecutive-month period, the Town of Hyde Park Code Building Inspector shall give written notice by certified mail or personal service to the owner of the property upon which the outdoor wood-burning furnace is located. Such notice shall provide that said owner shall remove the outdoor wood-burning furnace within 15 days of the date the notice is either postmarked or personally served upon the owner.
Should the outdoor wood-burning furnaces not be removed within the time specified, the Building Inspector shall take the necessary and appropriate steps to effect its removal.
The cost incurred by the Town to effect said removal (including any attorneys fees incurred by the Town to effect the removal), plus an amount equal to 50% of said costs of removal, shall be charged to the owner of said premises. Said expense shall be paid by the owner of the property so affected within 30 days from the date said costs are presented to the owner. If said expense is not paid within said thirty-day time frame, then said expense shall be charged to the property so affected by including such expense in the next annual Town tax levy against the property.
No existing outdoor wood-burning furnace which has been damaged by any reason to the extent that its repair, rebuilding or replacement would cost more than 75% of its original purchase price shall be repaired, rebuilt or replaced.
Any existing outdoor wood-burning furnace that has run the course of its useful life shall not be replaced unless the replacement is EPA approved.
No more than one outdoor wood-burning furnace shall be permitted on a lot.