[HISTORY: Adopted by the Town Board of the
Town of LeRay 6-14-2007 by L.L. No. 9-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally
adopted as Chapter 103 but was renumbered to maintain the alphabetical
organization of the Code.
As used in this chapter, the following terms
shall have the meanings indicated:
Any flue or flues that carries off exhaust from an outdoor
wood furnace firebox or burn chamber.
An outdoor wood furnace that was purchased and installed
prior to the effective date of this chapter.
Clean wood, which has not been painted, varnished or coated
with a similar material, has not been pressure treated with preservatives
and does not contain resins or glues as in plywood or other composite
wood products.
Any equipment, device, appliance 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 for any interior
space or water source. An outdoor wood furnace may also be referred
to as an outdoor wood boiler or outdoor wood hydronic heater.
No person shall, from the effective date of
this chapter, construct, install or establish an outdoor wood furnace
unless:
A.
No outdoor wood furnaces are allowed in the PDD, BR-1,
BR-2, IND or DD Zones.
B.
The existing outdoor wood furnace was constructed,
installed, and established prior to the effective date of this section;
C.
No person shall, from the effective date of this chapter, operate an outdoor wood furnace unless such operation conforms with the manufacturer's instructions regarding such operation and the requirements of this chapter regarding fuels that may be burned in an outdoor wood furnace as set forth in § 94-3A and B of this chapter and chimney height as set forth in § 94-3D of this chapter.
D.
All new outdoor wood furnaces shall be constructed,
established, installed, operated and maintained in conformance with
the manufacturer's instructions and the requirements of this chapter.
In the event of a conflict, the requirements of this chapter shall
apply unless the manufacturer's instructions are stricter, in which
case the manufacturer's instructions shall apply.
E.
The owner of any new outdoor wood furnace shall produce
the manufacturer's owner's manual or installation instructions to
the Zoning Enforcement Officer to review prior to installation.
F.
All new outdoor wood furnaces shall be laboratory
tested and listed to appropriate safety standards such as UL, CAN/CSA,
ANSI or other applicable safety standards.
G.
Exception. If an existing outdoor wood furnace is,
through the course of a proper investigation by local authorities,
creating a verifiable nuisance, as defined by local or state law,
the following steps may be taken by the owner and the Zoning Enforcement
Officer having jurisdiction:
Outdoor wood furnaces shall be constructed,
established, installed, operated and maintained pursuant to the following
conditions:
A.
Fuel burned in any new or existing outdoor wood furnace
shall be only natural untreated wood, wood pellets, corn products
or other listed fuels specifically permitted by the manufacturer's
instructions such as fuel oil, natural gas or propane backup.
B.
The following fuels are strictly prohibited in new
or existing outdoor wood furnaces:
(1)
Wood that has been painted, varnished or coated with
similar material and/or has been pressure-treated with preservatives
and contains resins or glues as in plywood or other composite wood
products, or particle board.
(2)
Rubbish or garbage, including but not limited to food
wastes, food packaging, food wraps, animal carcass, paint or painted
materials, furniture, construction or demolition debris or other household
or business wastes.
(3)
Any plastic materials including but not limited to
nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics,
plastic films and plastic containers.
(4)
Rubber including tires or other synthetic rubber-like
products.
(5)
Newspaper, cardboard, or any paper with ink or dye
products.
(6)
Any items not specifically allowed by the manufacturer
or this provision.
C.
Setbacks for any new outdoor wood furnace.
(1)
The outdoor wood furnace shall be located 50 feet
from the property line.
(2)
The outdoor wood furnace shall be located on the property
in compliance with manufacturer's recommendations and or testing and
listing requirements for clearance to combustible materials.
(3)
The outdoor wood furnace shall be located at least
100 feet from any residence that is not served by the outdoor wood
furnace.
D.
Chimney heights for new outdoor wood furnaces.
(1)
The outdoor wood furnace chimney shall extend 20 feet
above the ground surface or at least two feet above the peak of any
residence not served by the outdoor wood furnace located within 100
feet of such outdoor wood furnace.
(2)
If there is an existing outdoor wood furnace already
installed and there is new construction of a residence not served
by the outdoor wood furnace within 100 feet of such outdoor wood furnace,
then the owner of such outdoor wood furnace shall conform to the stack
height requirements of this regulation within 30 days of the date
such construction is complete and upon written notice from the Zoning
Enforcement Officer.
Appeals from any actions, decisions, or rulings of the Zoning Enforcement Officer or for a variance from the strict application of the specific requirements in § 94-2 or 94-3 of this chapter may be made to the Town 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.
A.
Appeals fees. Appeals fees shall be established by
Town resolution.
B.
Public hearing. Within 60 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 60 days before the date of the hearing
and specifying the date, place, time, and purpose of the hearing.
C.
Decision of the Zoning Board of Appeals. Within 60
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 Enforcement Officer or correct any omission by the Zoning
Enforcement Officer 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 Appeals shall direct the 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 chapter.
D.
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 of the neighborhood or community by such grant. In making
such determination the Board shall also consider:
(1)
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.
(2)
Whether the benefit sought by the applicant can be
achieved by some method, feasible for the applicant to pursue, other
than a variance.
(3)
Whether the requested variance is substantial.
(4)
Whether the alleged difficulty was self-created, which
consideration shall be relevant to the decision of the Board of Appeals,
but shall not necessarily preclude the granting of the variance.
Outdoor furnaces may only be used from September
1 to May 31 each year unless the furnace is being used to provide
domestic water service.
Any resident wishing to install an outdoor furnace
must secure a permit from the Zoning Enforcement Officer of the Town
of LeRay and a copy the regulations from the Town of LeRay. The permit
fees will be established from time to time by the Town Board, which
will be in the minimum amount of $25 per unit.
Any violation of this chapter shall be considered
a violation within the meaning of the Penal Law of the State of New
York and shall subject the owner of the property on which the outdoor
furnace is located to a fine of not less than $100 and no more than
$250 for each violation and/or 15 days in jail or both. Each week
that such violation shall continue shall be considered a separate
violation.
Any resident who has secured a permit to install
an outdoor furnace in doing so will also be agreeing to allow the
Town Zoning Enforcement Officer or any other person designated by
the Town to inspect the outdoor furnace if a complaint is filed in
writing relative to a violation of this chapter.
