[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:
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.
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.
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.
A.
Compliance with this chapter may be compelled and violations restrained
by order or by injunction of a court of competent jurisdiction.
B.
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.
A.
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.
B.
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.
C.
A no-burn period for existing furnaces shall be in place from May
1 through October 1.
D.
Fuel shall only be a natural untreated wood or fuels specifically
permitted by the manufacturer. Notwithstanding the foregoing, the
following fuels are strictly prohibited:
E.
The chimney height on all existing outdoor furnaces shall be a minimum
of 15 feet above the outdoor furnace.
F.
All existing outdoor furnaces must be equipped with a properly functioning
spark arrestor.
G.
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.
H.
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.
(1)
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.
(2)
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.
(3)
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.
I.
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.
