[HISTORY: Adopted by the Town Board of the Town of Newburgh 6-15-2009 by L.L. No. 6-2009. Amendments noted where applicable.
It is generally recognized that the types of fuel used and the scale and duration of burning by outdoor furnaces 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. Certain measures of air quality indicate that certain populations, including those suffering from chronic lung diseases and cardiovascular diseases, may already be at risk due to the air quality in Orange County. Therefore, with the adoption of this chapter, it is the intention of the Town Board of the Town of Newburgh to establish and impose restrictions upon the operation of outdoor furnaces within the limits of the Town of Newburgh 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:
- OUTDOOR FURNACE
- Any accessory appliance, equipment device or equipment installed, affixed or situated outside the building or structure it serves, designed and intended, through the burning of wood and/or any other combustible, for the purpose of heating the principal structure or any other site, building or structure on the premises.
- UNTREATED WOOD
- 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.
- VIOLATOR or ANY PERSON WHO VIOLATES ANY PROVISION OF THIS CHAPTER
- Any person who owns the property at the time the outdoor furnace has been installed and/or operated or occupies the property and utilizes such outdoor furnace.
The construction, installation and establishment of outdoor furnaces are hereby prohibited within the Town of Newburgh. No person shall install, construct or establish an outdoor furnace. Except as authorized pursuant to §§ 128-7 and 128-8 of this chapter, no outdoor furnace shall be operated within the Town.
Any officer of the Town of Newburgh Code Compliance Department, or any other person who may hereafter be designated by resolution of the Town Board, is hereby authorized in the name and on behalf of the Town to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
Any person who shall violate 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, for the first offense. Any subsequent offense within a period of three years shall be punishable by a fine of not more than $500 or imprisonment for a period of not more than 30 days, or both. Each week's violation shall constitute a separate and distinct offense.
Compliance with this chapter may 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 less than $250 for the first violation and not less than $500 for each subsequent violation, to be recovered by the Town in a civil action. Each week's continued violation shall be for this purpose a separate and distinct violation for which civil penalties may be imposed. In the event the penalty sought is within the monetary jurisdiction of the Town Justice Court, as established in Article 18 of the Uniform Justice Court Act, such action to recover such penalty may, as determined by the attorney representing the Town, be commenced as a small claim pursuant to the provisions of Article 18 of the Uniform Justice Court Act. In the event the Town takes legal action to enforce this chapter, the violator may be responsible for any and all necessary costs relative thereto, including attorneys' fees.
Except as hereinafter provided, the lawful use of any outdoor furnace existing and duly issued a permit at the time of the adoption of this chapter may be continued, although such use does not conform with the provisions of this chapter.
All existing outdoor 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 stricter than the regulations promulgated hereunder, in which case the manufacturer's instructions shall apply. In addition, all owners shall apply for and receive a permit within 60 days of the effective date of this chapter.
A no-burn period for existing furnaces shall be in place from May 1 through October 1.
Fuel shall only be a natural untreated wood or fuels specifically permitted by the manufacturer. Notwithstanding the foregoing, the following fuels are strictly prohibited:
The chimney height on all existing outdoor furnaces shall be a minimum of 15 feet above the outdoor furnace.
All existing outdoor furnaces must be equipped with a properly functioning spark arrestor.
No outdoor furnace existing at the time of the adoption of this chapter shall thereafter be extended or replaced, except to meet the chimney height requirement.
Any existing outdoor furnace which is unused, abandoned or discontinued for a period of one year or more shall not be permitted to be reestablished as a nonconforming use, and must be immediately removed by the property owner from the subject premises.
If the property owner or occupier fails to remove the outdoor furnace by the end of said seven-consecutive-month period, the Town of Newburgh Code Compliance Supervisor or his designee shall give written notice by certified mail or personal service to the owner or occupier of the property or by affixing a copy of said notice to the front or main door of said property upon which the outdoor furnace is located. Such notice shall provide that said owner or occupier shall remove the outdoor furnace within 15 days of the date the notice is either postmarked or personally served upon the owner or occupier, or posted on the property as provided above.
Should the outdoor furnace not be removed within the time specified, the Code Compliance Supervisor or his designee shall take reasonable steps to effect its removal.
The costs incurred by the Town to effect such removal (including any attorneys' fees incurred by the Town to effect the 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. A failure to pay such costs shall be subject to the civil proceedings set forth in § 128-6 above.
No existing outdoor furnace which has been damaged by any reason to the extent of more than 75% of its assessed value for Town of Newburgh tax purposes shall be repaired or rebuilt.
The provisions of this chapter shall not apply to outdoor furnaces necessary to farm operations within Agricultural (Taxing) Districts to the extent the provisions unreasonably restrict farm operations.