[HISTORY: Adopted by the Board of Trustees of the Village of Delhi 1-24-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
Zoning — See Ch. 300.
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 Delhi 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 Delhi to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
This chapter applies to outdoor woodburning furnaces.
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 Delhi 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. It is also the intention of the Village of Delhi Board of Trustees to comply with any and all New York State laws regarding outdoor woodburning furnaces.
As used in this chapter, the following terms shall have the meanings indicated:
- AGRICULTRUAL LAND
- The land and on-farm buildings, equipment, manure-processing and -handling facilities, and practices that contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a commercial horse boarding operation and timber processing. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.
- CLEAN WOOD
- Wood that has not been painted, stained, or treated with any other coatings, glues or preservatives, including, but not limited to, chromated copper arsenate, creosote, alkaline copper quaternary, copper azole or pentachlorophenol.
- Any person who makes or produces a new outdoor woodburning furnace that is ultimately operated in the Village of Delhi.
- OUTDOOR WOODBURNING FURNACE
- An accessory structure, equipment, device or apparatus, designed and intended, through the burning of wood, solid waste or other fuels, for the purpose of heating and/or supplying hot water to the principal structure or any other site, building, or structure on the premises. For purposes of this chapter, an outdoor woodburning furnace includes, but it not limited to, woodburning furnaces, woodburning boilers or gasification units.
- Any animal, vegetable, or mineral, solid, liquid, or gaseous waste. It includes, but is not limited to, rubbish, garbage, ashes and any unwanted or discarded material.
- SEASONED WOOD
- Hardwood, such as hickory, ash, maple or oak that has been cut, split or stacked to promote drying and air circulation for a minimum of one year.
- VIOLATOR OR ANY PERSON WHO VIOLATES ANY PROVISION OF THIS CHAPTER
- Any person who owns or occupies the property at the time the outdoor woodburning furnaces has been installed and/or operated.
No person shall operate an outdoor woodburning furnace that does not meet the requirements set forth in this chapter.
An outdoor woodburning furnace shall not be located less than 500 feet from the nearest property boundary line.
Notwithstanding the above, an outdoor woodburning furnace installed on contiguous agricultural lands larger than five acres shall not be located less than 500 feet or more form the nearest residence not served by the outdoor woodburning furnace.
Notwithstanding the above, an outdoor woodburning furnace shall not be located less than 1,000 feet from a school.
Stack height. An outdoor woodburning furnace shall be equipped with a permanent stack extending at least two feet above the peak of any roofline of any structure located within 100 feet of the outdoor woodburning furnace and must extend a minimum of 18 feet above ground level.
Wood which is to be delivered for use in an outdoor woodburning furnace as a permitted fuel, must be cut, split and stacked within seven calendar days from delivery.
No person shall cause or allow emissions of air contaminants from an outdoor woodburning furnace to the outdoor atmosphere of a quantity, characteristic or duration which is injurious to human, plant or animal life or to property, or which unreasonably interferes with the comfortable enjoyment of life or property. This prohibition applies, but is not limited to, the following conditions:
No person shall operate an outdoor woodburning furnace in defiance of the manufacturer's instructions or guidelines.
A person who operates an outdoor woodburning furnace may only burn the following fuels in such outdoor woodburning furnace:
Seasoned clean wood;
Wood pellets made from clean wood;
Nonglossy, noncolored papers, including newspaper, may be used only to start an outdoor woodburning furnace;
Other fuels specifically permitted by the manufacturer's instructions, such as fuel oil, natural gas or propane backup and specifically permitted by the New York State law.
No person shall burn any of the following items in an outdoor woodburning furnace:
Any wood that does not meet the definition of clean wood;
Yard waste, including lawn clippings;
Plastics or materials containing plastics (including but not limited to nylon, PVC, ABS, polystyrene, or urethane, foam and synthetic fabrics, plastic films and plastic containers);
Gasoline or waste petroleum products;
Material treated with petroleum products (particle board, railroad ties and pressure-treated wood);
Wood that has been painted, varnished or coated with similar material and/or has been pressure treated with preservatives and contains resins or glues;
Paper, except as permitted above;
Paints or paint thinners;
Construction and demolition debris;
Any other material prohibited for combustion by state or federal statute.
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.
No outdoor woodburning furnace existing at the time of the adoption of this chapter shall thereafter be extended or enlarged.
Any existing outdoor woodburning furnace which is abandoned or discontinued for a period of seven consecutive 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.
If the property owner fails to remove the outdoor woodburning furnace by the end of said seven-consecutive-month period, the Village of Delhi Code Enforcement Officer shall give written notice by certified mail or personal service to the owner of the property up on 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.
Should the outdoor woodburning furnace not be removed within the time specified, the Code Enforcement Officer shall take reasonable steps to effect its removal.
The costs incurred by the Village to effect said removal (including any attorneys' 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 property owner. Said expense shall be paid by the property owner 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 Village tax levy against the property.
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 Delhi tax purposes shall be repaired or rebuilt.
No existing outdoor woodburning furnace shall be used to burn any substance prohibited under 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 of not more than 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and distinct offense.
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 a separate and distinct offense.
In the event the Village is required to take legal action to enforce this chapter, the violator is responsible for any and all costs incurred by the Village, including attorneys' fees, costs and disbursements, and such amount shall be determined and assessed by the Court and such expense shall be charged to the property so affected by including such expense in the next Village tax levy against the property.