[HISTORY: Adopted by the Board of Trustees of the Village
of Hudson Falls 5-11-2009 by L.L. No. 3-2009. Amendments noted where
applicable.]
Outdoor woodburning furnaces (e.g., outdoor hydronic heaters)
can generate heavy smoke, offensive odors, dangerous particulates
and emissions and can present potential adverse impacts to human health
and air quality. It is the purpose and intent of this chapter to minimize
these impacts and to protect, preserve and safeguard the public health,
safety and welfare of the residents of the Village of Hudson Falls
and protect and preserve the value of real property in the Village
of Hudson Falls.
As used in this chapter, the following terms, phrases, words
and their derivations shall have the meanings indicated:
Wood that has not been treated with paint, stains or other
types of coatings or chemicals.
An outdoor woodburning furnace that is installed and operational
at the location of use as of the effective date of this chapter.
A condition caused through the allowance of emissions or
air contaminates in the outdoor atmosphere in such a quantity, characteristic
or duration that may be injurious to human, plant or animal life or
to property or that unreasonably interferes with the comfortable enjoyment
of life or property.
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 or hot water for an interior space.
Any fuel that does not meet the definition of clean wood.
No person shall install, affix, situate or operate or cause
to be installed, affixed, situated or operated an outdoor woodburning
furnace in the Village of Hudson Falls.
A.
Any outdoor woodburning furnaces in existence, as defined herein,
on the effective date of this chapter shall be deemed to be a nonconforming
use and permitted to remain, provided that the owner submits an application
for a permit, receives a permit from the Village Code Enforcement
Officer and brings the existing outdoor woodburning furnace into compliance
with this chapter within 180 days of such effective date.
B.
A permit shall be granted upon application for an existing outdoor
woodburning furnace upon compliance with the following provisions:
(1)
The outdoor woodburning furnace shall be certified to meet current
emission standards promulgated by the United States Environmental
Protection Agency (EPA).
(2)
The outdoor woodburning furnace shall be equipped with a properly
functioning spark arrester and shall have a chimney or smokestack
height of at least 12 feet.
(3)
Outdoor woodburning furnaces may be operated from October 1 through
April 30 only.
(4)
Any major repair or replacement of an outdoor woodburning furnace
shall comply with this section.
C.
Any outdoor woodburning furnace not in compliance with the above
provisions within 180 days of the effective date of this chapter shall
be deemed illegal and shall be removed.
The use of prohibited fuels, as that term is defined herein,
in the operation or use of any outdoor woodburning furnace is unlawful
and shall constitute a violation of this chapter.
A.
Upon notice to the property owner and the opportunity to be heard,
the Village Board of Trustees may direct the Code Enforcement Officer
to revoke a permit issued pursuant to this chapter upon a determination
by the Village Board of Trustees that it is necessary to protect the
public health, safety and welfare of the residents of the Village
of Hudson Falls and to protect the value of real property in the Village
of Hudson Falls if any of the following conditions exists or occurs:
(1)
The emissions from the outdoor woodburning furnace are or may be
harmful to human or animal health or harmful to the use or enjoyment
of real property; or
(2)
Noncompliance with any provision of this chapter or permit requirements;
or
(3)
A nuisance condition, as that term is defined herein, is being maintained.
B.
A revoked permit may be reinstated by the Code Enforcement Officer
once the condition which resulted in revocation is remedied and reasonable
assurances are given that such condition will not occur.
Failure to comply with any of the provisions of this chapter
shall constitute a violation of this chapter and, upon conviction
thereof, shall be punishable by a fine of not more than $500 or imprisonment
for a period of not more than 10 days, or both, for the first offense.
Any subsequent offense shall be punishable by a fine of not more than
$1,000 or imprisonment for a period of not more than 30 days, or both.
Each day that a violation occurs shall constitute a separate offense.
The owner(s) of the premises upon which prohibited acts occur shall
be jointly and severally liable for violations of this chapter. Any
fine imposed hereunder shall constitute a lien upon the real property
where the outdoor woodburning furnace is located until paid in full.
Nothing contained herein shall authorize or allow burning which
is prohibited by codes, laws, ordinances, rules or regulations promulgated
by the United States Environmental Protection Agency or any other
federal, state, regional or local agency. Outdoor woodburning furnaces
and any electrical, plumbing or other apparatus or device used in
connection with outdoor woodburning furnaces shall be installed, operated
and maintained in conformity with the manufacturers' specifications
and any and all federal, state and local codes, laws, ordinances,
rules and regulations. In case of a conflict between any provision
of this chapter and any applicable federal, state or local codes,
laws, ordinances, rules or regulations, the more restrictive or stringent
provision or requirement shall prevail.
Should any section or provision of this chapter be deemed to
be unconstitutional or invalid by a court of law, such decision shall
not affect the validity of this chapter as a whole or any part thereof,
other than the part so decided to be unconstitutional or invalid.
This chapter shall take effect upon filing in the office of
the New York State Secretary of State.
