Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
(Use this form to
file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include
matter being eliminated and do not use italics or underlining to indicate new
matter.
City
of CHAMPION
Town
Local Law No. 5 of
the year 2005
A local law A Local Law Concerning Outdoor
Wood-Burning Furnace
Be it enacted by Town Board of
the
(Name of Legislative
Body)
County
City
of Town of Champion as
follows:
Town
Section
1. Title and Authority. This local law shall be known as the “Town of
Champion Outdoor Wood-Burning Furnace Local Law”. It is adopted pursuant to the authority of
Article 2 and 3 of Municipal Home Rule Law.
Section 2. Purpose. Although outdoor wood-burning furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and potential health effects of uncontrolled emissions. This local law is intended to ensure that outdoor wood-burning furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of town residents.
Section
3. Definitions. As used in this local law, the following
terms shall have the meanings as indicated:
Front
Outdoor Wood-burning Furnace – Any equipment, device or
apparatus 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 to a principal residential structure or any
other site structure on the residential premises.
Section
4. Permit Required. No person shall cause, allow or maintain the
use of an outdoor wood-burning furnace within the Town of
Section
5. Existing Outdoor Wood-burning
Furnaces. Any outdoor wood-burning furnace in existence
on the effective date of this local law shall be permitted to remain, provided
that the owner applies for and receives a permit from the zoning officer within
one year of such effective date, provided, however, that upon the effective
date of this local law all the provisions hereof, except Section 6.3
shall immediately apply to existing outdoor wood-burning furnaces. If the owner of an existing outdoor
wood-burning furnace does not receive a permit within one year of the effective
date of this local law, the outdoor furnace shall be removed.
Section 6. Specific Requirements. All outdoor wood-burning furnaces shall
comply with the following rules and regulations:
1.
Installation. All outdoor wood-burning furnaces shall be
installed, operated and maintained per the manufacturer’s instructions.
2.
Permitted Fuel. Only firewood, untreated lumber, fossil fuels
and corn are permitted to be burned in any outdoor wood-burning furnace. Burning of any and all other materials is
prohibited. No outdoor wood-burning
furnace shall be utilized as a waste incinerator.
3. Setbacks. Outdoor wood-burning furnaces
shall follow the minimum setbacks of
the applicable zoning district
4. Chimney Height. The chimney height of any furnace located 50 feet or
less to any residence not served by the furnace shall be at least 2 feet higher
than the eave line of the unserved residence; the chimney height of any furnace
located more than 50 feet but no more than 100 feet to any residence not served
by the furnace shall be at least 75% of the height of the eave line of the
unserved residence, plus an additional 2 feet; the chimney height of any
furnace located more than 100 feet but no more than 150 feet to any residence
not served by the furnace shall be at least 50% of the height of the eave line
of that residence, plus an additional 2 feet; the chimney height of any furnace
located more than 150 feet but no more than 200 feet to any residence not
served by the furnace shall be at least 25% of the height of the eave line of
the unserved residence, plus an additional 2 feet. The chimney height of any furnace located
more than 200 feet from any residence not served by the furnace shall be a
minimum of 8 feet.
5. Replacements. If an outdoor wood-burning furnace is
replaced or upgraded, a permit shall be required pursuant to Section 4 of this
local law and shall comply with all sections of this local law.
Section 7. Appeals.
Appeals from any actions, decisions, or rulings of the zoning officer or
for a variance from the strict application of the specific requirements in
Section 6 of this local law may be made to the RACOG Cooperative Zoning Board
of Appeals. Requests for all appeals
shall be made in writing to the Zoning Board of Appeals not later than 30 days
of the act, decision, or ruling from which relief is sought.
1. Appeals Fees. Appeals fees shall be
established by Town Board resolution.
2. Public Hearing. Within 62 days after receiving
the written request, the Zoning Board of Appeals shall hold a public hearing on
the appeal, with prior notice published in a newspaper of general circulation
in the town at least ten days before the date of the hearing and specifying the
date, place, time, and purpose of the hearing.
3. Decision of Zoning Board of Appeals.
Within
62 days of the final adjournment of a public hearing, the Zoning Board of
Appeals shall affirm, modify, or deny the action, decision, or ruling of the
zoning officer or correct any omission by him, or approve, approve with
conditions, or disapprove the application.
The decision of the Zoning Board of Appeals shall be in writing and
shall contain findings and the factual basis for each finding from the record
of the hearing, which shall support the decision of the Zoning Board of
Appeals. As part of any decision, the
Zoning Board of Appeals shall direct the zoning officer to issue any appropriate
permit in conformity with its ruling and shall state a time by which such
permit shall be issued, in conformity with this local law.
4. Criteria for Variances. In making its determination, the Zoning Board of Appeals shall take into consideration
the benefit to the applicant if the variance is granted, as weighted against
the detriment to the health, safety and welfare of the neighborhood or
community by such grant. In making such
determination the board shall also consider:
a. whether an undesirable change
will be produced in the character of the neighborhood or a detriment to nearby
properties will be created by the granting of the variance;
b. whether the benefit sought by the
applicant can be achieved by some method, feasible for the applicant to pursue,
other than a variance;
c. whether the requested variance is
substantial;
d. whether the proposed variance
will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood; and
e. whether the alleged difficulty
was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily
preclude the granting of the variance.
Section 8. Violations and Penalties. Any person who shall violate any provision of
this local law shall be guilty of a violation as defined in Article 10 of the
Penal Law and shall upon conviction be subject to a fine of not more than $250
dollars or to imprisonment for not more than 15 days or both such fine and
imprisonment. Each week’s continued
violation shall constitute a separate and distinct offense.
Section 9. Civil
Proceedings.
Compliance
with this law 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
law shall also be subject to a civil penalty of not more than five hundred
dollars, to be recovered by the Town of
Section 10.
Severability.
The
provisions of this local law are severable and the invalidity of a particular
provision shall not invalidate any other provision.
Section 11.
Effective Date.
This law
shall be effective upon filing with the Secretary of State.
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size as this sheet, and number each.)