Town of Warwick, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Warwick 1-19-2006 by L.L. No. 1-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building code administration — See Ch. 82.
Zoning — See Ch. 164.
A. 
This chapter shall be known as the "Town of Warwick Outdoor Furnace Local Law."
B. 
It is adopted pursuant to Municipal Home Rule Law, § 10.
Although outdoor furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production 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:
FIREWOOD
Trunks and branches of trees and bushes, but does not include leaves, needles, vines or brush smaller than three inches in diameter.
OUTDOOR FURNACE
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.
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.
[Amended 4-23-2009 by L.L. No. 3-2009]
No person shall cause, allow or maintain the use of an outdoor furnace within the Town of Warwick without first having obtained a permit from the Town Clerk or Town Building Inspector. Application for a permit shall be made on the forms provided.
[Amended 4-23-2009 by L.L. No. 3-2009]
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 Building Inspector within one year of such effective date; provided, however, that upon the effective date of this chapter all the provisions hereof, except § 104-6B 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 § 104-6B 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.
[Amended 1-23-2014 by L.L. No. 1-2014]
All outdoor wood furnaces installed in the Town of Warwick must, as a minimum, comply with New York State DEC 6 NYCRR Part 247 except where the requirements of Chapter 104 are more stringent.
A. 
Permitted fuel. Only seasoned, clean firewood, untreated lumber and wood pellets made from clean wood are permitted to be burned in any outdoor furnace. Burning of any and all other materials in an outdoor furnace is prohibited.
B. 
Permitted zones. Outdoor furnaces shall be permitted only in the RU, MT, CO, and AI Zoning Districts as shown on the Town's Zoning Map.
C. 
Minimum lot size. Outdoor furnaces shall be permitted only on lots of three acres or more.
D. 
Setbacks. Outdoor furnaces shall be set back not less than 200 feet from the nearest adjoining or neighboring dwelling. Further, in any event the furnace shall be located a minimum of 150 feet from the adjoining property line.
E. 
Months of operation. Outdoor furnaces shall be operated only between September 1 and May 31.
F. 
All outdoor furnaces must be equipped with a permanent stack extending a minimum of 18 feet above the ground level. The Town of Warwick may require that the permanent stack extend up to two feet above the peak of any roof structure within 150 feet of the outdoor furnace when necessary to avoid or resolve nuisance conditions.
A. 
A permit issued pursuant to this chapter may be suspended as the Town's Code Enforcement Officer may determine to be necessary to protect the public health, safety and welfare of the residents of the Town of Warwick if any of the following conditions occurs:
[Amended 4-23-2009 by L.L. No. 3-2009]
(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 assurances are 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 § 104-9 hereof.
[Amended 4-23-2009 by L.L. No. 3-2009]
Where the Town Board, upon consultation with the Town's Code Enforcement Officer, finds that extraordinary and unnecessary hardships may result from strict compliance with this chapter, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of this chapter or of jeopardizing the health, safety or welfare of the public. In varying any regulations, the Town Board may impose such conditions and requirements as it deems reasonable and prudent. The Town Board may, at its discretion, hold a public hearing as part of its review. If the Town Board grants the waiver, a permit shall be issued for the outdoor furnace. If the Town Board denies the waiver, the outdoor furnace must either be brought into compliance with this chapter or be removed. If the Town Board does not take any action with respect to the waiver within 60 days from its receipt of an application for waiver, the waiver shall be deemed denied.
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 and judicial officers generally, violations of this chapter shall be deemed misdemeanors and, for such purpose only, all 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, reconstructed, 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 proceedings 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 a 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 164.