ATTENTION YORKTOWN PROPERTY OWNERS
IF YOU HAVE OR ARE PLANNING TO INSTALL AN OUTDOOR WOOD-FIRED FURNACE OR OUTDOOR WOOD BOILER
PLEASE READ THE FOLLOWING
NOTICE IS HEREBY GIVEN, that the following Local Law was passed by the Town Board of the Town of Yorktown on January 20, 2009, Amending Chapter 300-11 of the Code of the Town of Yorktown with regard to General restrictions on Buildings, Uses and Lots by regulating the Installation, Use and Operation of Outdoor Wood-Fired Furnaces and Boilers.
SECTION I: SECTION 300-11 of the Code of the Town of
Yorktown is hereby amended by adding the following paragraph
I. to regulate the installation, use and operation of wood
fired furnaces and boilers:
AUTHORITY; ENFORCEMENT
A. This chapter is adopted pursuant to the authority of Article 2, §~10, of the New York State Municipal Home Rule Law.
B. The Town of Yorktown Police Department and/or Code Enforcement Officer, or any other person who may hereafter be designated by resolution of the Town Board, Town of Yorktown is hereby authorized in the name and on behalf of the Town of Yorktown to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
PURPOSE: It is generally recognized that the types of fuel used, and the scale and duration of burning by outdoor wood-burning 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. Therefore, with the adoption of this chapter, it is the intention of the Town Board of the Town of Yorktown to establish and impose restrictions upon the operation of outdoor wood-burning furnaces within the limits of the Town of Yorktown for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Town and its inhabitants.
I. OUTDOOR WOOD FIRED FURNACES AND BOILERS
A. Definition.
Outdoor Wood Burning Boiler or Furnace (hereinafter *furnace*)-any equipment, device or apparatus which is installed, affixed or situated outdoors, designed and intended, through the burning of wood, to heat or provide hot water for the principal structure or any other building on the premises or to heat swimming pools or spas on the
premises.
VIOLATOR or ANY PERSON WHO VIOLATES ANY PROVISION OF THIS CHAPTER
Any person who owns the property at the time the outdoor wood-burning furnace has been installed and/or operated or occupies the property and utilizes such outdoor wood-burning furnace.
PENALTIES FOR OFFENSES
A. 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. Each week's violation shall constitute a separate and distinct offense.
B. Compliance with this chapter may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction.
B. Permit Required.
No person shall install, maintain or use an outdoor furnace within the Town of Yorktown without having first obtained a permit from the Town Building Department. No person shall install an outdoor furnace after the effective date of this legislation.
C. Existing Outdoor Furnaces.
The owner/occupant of any furnace installed and in operation prior to the effective date of this legislation shall be authorized to operate the furnace provided that said owner/occupant applies for and is granted a permit pursuant to the provisions of this chapter within thirty days of said legislation effective date.
D. Permit Dependent Upon Prior Use/Operation
The Town of Yorktown shall not allow the use or operation of any outdoor furnace not installed and operating prior to the effective date of this legislation.
E. Requirements to Obtain Permits and Operate Furnaces.
(1) Setbacks-Outdoor furnaces shall be set back no less
than 100 feet from the nearest lot line or 250 feet from the structure closest to the outdoor furnace and not serviced by said furnace.
(2) Chimney Height- Outdoor furnace chimney stacks shall extend a minimum of fifteen feet above the top of the furnace .
(3) Spark Arrestors- Outdoor furnaces shall be equipped with properly functioning spark arrestors.
(4) Months of Operation- Outdoor furnaces shall be operated only between October 15 and March 31.
F. Prohibited Fuel.
The following substances are prohibited for combustion in an outdoor furnace:
(i) Industrial waste, rubber, plastic, used motor oil, toxic chemicals, contaminated waste, yard waste, household garbage, cardboard and wastepaper, animal waste and any other material prohibited for combustion by state or federal statute.
G. FARM EXEMPTION
(1) An owner of property designated by the Westchester
County Board of Legislators as farmland and consisting of 5 or more contiguous acres must obtain a permit to install, maintain or operate an outdoor furnace and comply with all requirements of this Section.
This Local Law is on file in the office of the Town Clerk, Town of Yorktown, 363 Underhill Avenue, Yorktown Heights, New York, where it is a public record, available for inspection during regular office hours by all interested persons.
ALICE E. ROKER
Town Clerk
Town of Yorktown
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