[HISTORY: Adopted by the Village Board of the Village of
Benton 4-18-2012 by Ord. No. 2012-003. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Flue or flues that carries off exhaust from an outdoor wood
furnace firebox or burn chamber.
EPA HH (hydronic heater) Phase 2 Program administered by
the United States Environmental Protection Agency and that has a particulate
matter emission limit of 0.32 pounds per million British thermal units
output and is labeled accordingly.
A hydronic heater that has been EP A HH Phase 2 Program qualified.
The model has met the EPA HH Phase 2 emission level and is labeled
accordingly.
An outdoor wood furnace that was purchased and installed
prior to the effective date of this chapter.
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.
An outdoor wood furnace that is first installed, established
or constructed after the effective date of this chapter.
Any equipment, device, appliance or apparatus, or any part
thereof, which is installed, affixed or situated outdoors, is specifically
manufactured for the purpose of producing heat or energy for an outdoor
heating system, and is primarily hand-loaded for the 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, outdoor
wood-fired hydronic heater or hydronic heater.
An outdoor wood-pellet furnace that is specifically manufactured
for the purpose of producing heat or energy for an outdoor heating
system, and is designed to burn wood pellet fuel, or other biomass
pellets with metered fuel and air feed and controlled combustion engineering,
which burns only wood pellets, or other biomass pellets.
A.
No person shall, from the effective date of this chapter, construct,
install, establish, operate or maintain an outdoor wood furnace other
than in compliance with the applicable sections of this chapter.
B.
No person shall, from the effective date of this chapter operate an existing 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 § 189-3A and B of this chapter.
C.
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.
(1)
Replacement of an existing outdoor wood furnace. A new outdoor wood furnace that is EPA HH Phase 2 Program qualified (0.32 lbs/MMBtu heat output) shall be allowed to be installed to replace a nonqualified outdoor wood furnace in the same location as long as the furnace is installed to meet the chimney height requirements in § 189-3F and proper fuel use requirements in § 189-3A and B of this chapter are met by the owner.
D.
The owner of any new outdoor wood furnace shall produce the manufacturer's
owner's manual or installation instructions to the Zoning Committee
to review prior to installation.
E.
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.
F.
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 Committee 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, biomass pellets 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 and 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.
(2)
Rubbish or garbage, including, but not limited to, food wastes, food
packaging, food wraps.
(3)
Any plastic materials, including, but not limited to, nylon, PYC,
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, or any paper with ink or dye products, or any cardboard.
(6)
Any other items not specifically allowed by the manufacturer or this
provision.
C.
Setbacks for any new outdoor wood furnace model not EPA Hydronic
Heater Program qualified:
(1)
The outdoor wood furnace shall be located at least 35 feet from any
residence that is not served by the outdoor wood furnace.
(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.
D.
Chimney heights for any outdoor wood furnace model that is not EPA
Hydronic Heater Program qualified. The chimney of any new outdoor
wood furnace shall extend at least two feet above the peak of any
residence not served by the outdoor wood furnace located within 35
feet of such outdoor wood furnace.
E.
Setbacks for EPA HH Phase 2 Program qualified models (0.32 lbs/million
Btu heat output). 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.
F.
Chimney heights for EPA HH Phase 2 Program qualified models:
(1)
If located within 35 feet to any residence not served by the furnace,
it is recommended that the chimney be at least two feet higher than
the peak of the residence served.
(2)
If located within 35 feet to any residence not served by the furnace,
the chimney must be two feet higher than the peak of the residence
served or not served, whichever is higher.
G.
Outdoor wood-pellet furnaces that are specifically designed to burn
wood pellet fuel, or other biomass pellets with metered fuel and air
feed and controlled combustion engineering shall be installed per
the manufacturers' recommendations.
Appeals from any actions, decisions, or rulings of the Zoning Committee or for a variance from the strict application of the specific requirements in §§ 189-2 and 189-3 of this chapter may be made to the Village of Benton Board of Appeals. Requests for all appeals shall be made, in writing, to the Village of Benton 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 Village Board
resolution.
B.
Public hearing. Within 60 days after receiving the written request,
the Village of Benton Board of Appeals shall hold a public hearing
on the appeal, with prior notice posted in four places in the Village
of Benton at least 15 days before the date of the hearing and specifying
the date, place, time, and purpose of the hearing.
C.
Decision of Village of Benton Board of Appeals. Within 60 days of
the final adjournment of a public hearing, the Village of Benton Board
of Appeals shall affirm, modify, or deny the action, decision, or
ruling of the Village Board or correct any omission by the Building
Inspector, or approve, approve with conditions, or disapprove the
application. The decision of the Village of Benton 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 Village of Benton Board of Appeals. As part of
any decision, the Village of Benton Board of 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 Village
of Benton 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.
Any person who shall violate any provision of this chapter shall be guilty of a violation as defined in Chapter 229, Article I, and Chapter 240, Articles II and III, and shall, upon conviction, be subject to a fine of not more than $200. 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 $200, to be recovered
by the Village of Benton in a civil action, and each week's continued
violation shall be for this purpose a separate and distinct violation.
In the event the Village of Benton is required to take legal action
to enforce this chapter, the violator may be responsible for any and
all necessary costs relative thereto, including attorneys' fees,
and such expense shall be charged to the property owner so affected.
If these charges are not paid in full by November 1 of the subsequent
year, such charges shall be collected by including such expense in
the next annual tax levy against the property.
