[HISTORY: Adopted by the Board of Trustees of the Village of Norwood 12-19-2006
by L.L. No. 1-2006. Amendments noted where applicable.]
This chapter is adopted pursuant to the authority of Article 2, § 10,
of the New York State Municipal Home Rule Law, and Article 4, § 4-412,
of the New York State Village Law.
The Village of Norwood Code Enforcement Officer, or any other person
who may hereafter be designated by resolution of the Village Board of Trustees,
is hereby authorized in the name and on behalf of the Village of Norwood to
undertake and prosecute any proceedings necessary or appropriate to enforce
compliance with this chapter.
It is generally recognized that the types of fuel used, and the scale
and duration of burning by outdoor woodburning furnaces, creates 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 Village of Norwood Board of Trustees to establish
and impose restrictions upon the construction and operation of outdoor woodburning
furnaces within the limits of the Village for the purpose of securing and
promoting the public health, comfort, convenience, safety, welfare and prosperity
of the Village and its inhabitants.
As used in this chapter, the following terms shall have the meanings
indicated:
An accessory structure, designed and intended, through the burning
of wood, for the purpose of heating the principal structure or any other site,
building, or structure on the premises.
Any person who owns or occupies the property at the time the outdoor
woodburning furnace has been installed and/or operated.
The construction and operation of outdoor woodburning furnaces are hereby
prohibited within the Village of Norwood.
A.
Except as hereinafter provided, the lawful use of any
outdoor woodburning furnace existing at the time of the adoption of this chapter
may be continued, although such use does not conform to the provisions of
this chapter, subject to the following restrictions:
(1)
The only permitted time frame for operation of said nonconforming
outdoor woodburning furnace shall be between May 15 and October 15 of any
year.
(2)
The only acceptable burning material permitted for use as fuel
in an outdoor woodburning furnace is seasoned firewood. Criteria for determining
whether firewood is "seasoned" include the following:
(a)
Hardwood that has been allowed to dry for six to 12 months, i.e.,
cut wood which has been stored in the sun and wind with plenty of air circulation
for six to 12 months to reduce its water content.
(b)
Freshly cut green wood can be up to 45% water. Green wood is
difficult to start, does not give much heat and smokes a lot, creating creosote
buildup. At the other extreme, super-dry wood burns too hot and fast and gives
off a lot of sparks. Well-seasoned firewood is "just right" with about 20%
to 25% moisture. It is easy to start, produces good heat and burns clean.
(c)
Well-seasoned firewood generally has darkened ends
with cracks or splits visible, is relatively lightweight and makes a clear
"clunk" when two pieces are beat together. Green wood, on the other hand,
is very heavy, the ends look fresher, and it tends to make a dull "thud" when
struck.
(3)
No nonconforming woodburning furnace (indoor or outdoor) shall
be operated in such a manner as to be a nuisance.
B.
No outdoor woodburning furnace existing at the time of
the adoption of this chapter shall thereafter be extended or enlarged.
C.
Any existing outdoor woodburning furnace which is abandoned
or discontinued for a period of seven consecutive heating months shall not
be permitted to be reestablished 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 woodburning
furnace by the end of said seven-consecutive-heating-month period, the Village
of Norwood Code Enforcement Officer shall give written notice by certified
mail or personal service to the owner of the property upon which the outdoor
woodburning furnace is located. Such notice shall provide that said owner
shall remove the outdoor woodburning furnace within 15 days of the date the
notice is either postmarked or personally served upon the owner.
(2)
Should the outdoor woodburning furnace not be removed
within the time specified, the Code Enforcement Officer shall take reasonable
steps to effect its removal.
(3)
The costs incurred by the Village to effect said removal
(including any attorney's fees incurred by the Village 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 Village tax levy against the property.
D.
No existing outdoor woodburning furnace which has been
damaged by any reason to the extent of more than 75% of its assessed value
for Village of Norwood tax purposes shall be repaired or rebuilt.
A.
Any person who shall violate any provision of this chapter
shall be guilty of an offense 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 continued violation shall constitute
a separate and distinct offense.
B.
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 $500, to be recovered by the Village in
a civil action. Each week's continued violation shall be, for this purpose,
a separate and distinct violation.
C.
In the event the Village is required to take legal action
to enforce this chapter, the violator will be responsible for any and all
necessary costs incurred by the Village relative thereto, including attorney's
fees, and such amount shall be determined and assessed by the court. If such
expense is not paid in full within 30 days from the date it is determined
and assessed by the Court, such expense shall be charged to the property so
affected by including such expense in the next annual Village tax levy against
the property.
