[HISTORY: Adopted by the Town Board of the Town of Hyde Park 12-17-2007
by L.L. No. 14-2007.[1] Amendments noted where applicable.]
A.
This chapter is adopted pursuant to the authority of
Article 2, § 10, of the New York State Municipal Home Rule Law.
B.
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:
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.
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.
A.
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.
B.
Compliance with this chapter may also be compelled and
violations restrained by order or by injunction of a court of competent jurisdiction.
A.
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.
B.
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.
C.
No outdoor wood-burning furnace may be operated from
May 15 through October 15.
D.
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:
E.
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.
F.
All outdoor wood-burning furnaces must be located at
least 300 feet from all property lines.
G.
All outdoor wood-burning furnaces must be equipped with
a properly functioning spark arrestor.
H.
No outdoor wood-burning furnace existing at the time
of the adoption of this chapter shall thereafter be extended or enlarged or
replaced.
I.
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.
(1)
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.
(2)
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.
(3)
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.
J.
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.
K.
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.
L.
No more than one outdoor wood-burning furnace shall be
permitted on a lot.
