[HISTORY: Adopted by the Town Board of the Town of Victor 10-11-2011 by L.L. No.
9-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 211.
[1]
Editor's Note: This local law also repealed former Ch.
122, Furnaces, Outdoor, adopted 3-24-2008 by L.L. No. 1-2008, as amended.
Outdoor furnaces may provide an economical alternative to conventional
heating systems. However, 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 chapter regulates the installation and
use of outdoor furnaces in order to protect against the potential
detrimental effects thereof to the health, safety and general welfare
of the residents of the Town of Victor.
The installation and use of an outdoor furnace shall be regulated
by this chapter.
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.
Use of property or course of conduct that interferes with
the legal rights of others by causing material damage.
May also be referred to as outdoor "hydronic heater" or outdoor
"wood boiler." A fuel-burning device that:
Is designed to burn wood or other approved fuels;
Is specified by the manufacturer for outdoor installation or
installation in structures not normally occupied by humans; and
Is used to heat building space and/or water via the distribution,
typically through pipes, of a gas or liquid (e.g., water or water/antifreeze
mixture) heated in the device.
Any outdoor furnace approved by the Town and in existence
on the effective date of Local Law No. 9-2011 shall be permitted to
remain, provided that the owner complies with the regulations immediately
in effect prior to the adoption of Local Law No. 9-2011 and, in addition,
complies with New York Department of Environmental Conservation regulations
dealing with permissible and impermissible fuels for outdoor furnaces
in effect as of the date of installation.
A.
The installation, use and operation of outdoor furnaces in the Town
of Victor shall be subject to the regulations of the New York Department
of Environmental Conservation as set forth and codified at Chapter
6 of the New York Codes, Rules and Regulations at Part 247, entitled
"Outdoor Wood Boilers," (the "DEC regulations") except as set forth
otherwise herein.
B.
Requirements in addition to the DEC regulations include:
(1)
A spark arrester must be placed on top of the chimney of all outdoor
furnaces.
(2)
A fire extinguisher must be maintained within 50 feet of the outdoor
furnace.
(3)
The parcel of land on which the outdoor furnace is located shall
be a minimum of two acres.
(4)
The use of an outdoor furnace shall not be permitted in any clustered
subdivision within the Town.
(5)
No outdoor furnace shall be placed forward of the front line of a
residence.
(6)
No outdoor furnace shall be placed within 50 feet of any habitable
structure on the property.
C.
Zoning districts and permitting. Prior to the installation and use
of an outdoor furnace, the owner must apply for and receive a permit
for said use and installation.
Residential districts (R1, R2 and R3): Subject to the regulations
set forth herein, an outdoor furnace may be installed and operated
within a residential district after the owner of said outdoor furnace
is granted an operating permit by the Town Code Enforcement Officer.
Operating permits shall be reviewed on a regular basis to determine
whether the subject outdoor furnace is causing a nuisance within the
Town.
A.
Districts other than residential districts: Subject to the regulations set forth herein, an outdoor furnace may be installed and operated within any other district not specified in § 122-5 above after the owner of said outdoor furnace is granted an outdoor furnace special use permit by the Town of Victor Planning Board.
B.
The owner shall apply to the Planning Board for a special use permit.
The Planning Board shall hold a public hearing regarding the installation
and use of the outdoor furnace, and shall specifically consider the
following:
(1)
Whether the appropriate use of neighboring property will be substantially
injured by installation and use of the outdoor furnace.
(2)
Whether and to what extent the public health, safety, welfare and
convenience will be affected.
(3)
Whether and to what extent the use may cause substantial injury to
the value of other property in the neighborhood where it is located.
(4)
Whether and to what extent the use will be compatible with adjoining
development and the proposed character of the district where it is
to be located.
(5)
Whether and to what extent aesthetics may be impacted.
(6)
Whether the use otherwise conforms to all applicable regulations
governing the district in which it is located.
C.
The owner shall also apply to the Code Enforcement Officer for an
operating permit. An operating permit may only be issued after approval
of the special use permit. The operating permit shall be valid for
three years from the date of issuance and will expire thereafter.
Said operating permit may be renewed by the Code Enforcement Officer
after submission of a written renewal application to the Code Enforcement
Officer at least 90 days prior to the expiration of the current operating
permit, upon a finding of compliance with the following conditions:
(1)
The Code Enforcement Officer shall determine that the holder of the
permit is in compliance with all conditions originally (or subsequently)
imposed.
(2)
The Code Enforcement Officer shall determine, on the basis of satisfactory
evidence presented by the holder of the permit, that any permits,
licenses or other authorizations from county, state or federal governmental
agencies required for the continued operation of the outdoor furnace
are in full force and effect.
(3)
Upon receiving an application for the renewal of a permit as set
forth herein, the Code Enforcement Officer shall notify residents
within 1,000 feet of the outdoor furnace of the intention to renew,
in writing, offering an opportunity for written comment. Notification
shall also be provided to the Town Planning Board requesting comments
and/or recommendations within 30 days prior to acting on the renewal.
(4)
The Code Enforcement Officer shall review the record of the subject
special use permit to determine whether all past complaints and/or
violations have been promptly and fully addressed. Should the Code
Enforcement Officer find that past complaints and/or violations were
not fully addressed, renewal of the operating permit shall be denied.
A.
Review. All permits shall be regularly reviewed by the Town Code
Enforcement Officers for adverse impacts, including review of any
complaints received. The Code Enforcement Officer may require modifications
of the outdoor furnace to address complaints of nuisances.
B.
Compliance unobtainable. If compliance with this chapter is not obtainable,
the Code Enforcement Officer shall revoke the operating permit and
order the outdoor furnace to be disconnected or removed.
C.
Nuisance. Upon the identification by a Code Enforcement Officer of
a nuisance, the nuisance shall be eliminated within 10 days or use
of the outdoor furnace shall be terminated, the outdoor furnace shall
be removed, and the associated operating permit revoked.
D.
Violation. Upon identification by a Code Enforcement Officer of a
violation of this chapter, the violation shall be resolved within
10 days or use of the outdoor furnace shall be terminated, the outdoor
furnace shall be removed, and the associated operating permit revoked.
A person who violates any provision of this chapter shall be
guilty of 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 15 days of jail, or both. Each day that said violation
shall continue to exist shall constitute a separate violation.
A.
All appeals from a ruling or determination of an administrative officer
made hereunder shall be taken to the Zoning Board of Appeals. All
decisions made in accordance with the provisions of this chapter shall
be filed in the office of the Town Clerk.
B.
Every request for a variance from the provisions hereof on the ground
that the strict application of this chapter shall work an injustice
by reason of practical difficulty shall be taken before the Zoning
Board of Appeals.
C.
Applications for renewal of a variance shall be supported by the
same quantum of evidence required for the initial grant. The Zoning
Board of Appeals may impose reasonable conditions to the granting
of a variance which may include durational limitations.
D.
Except as otherwise provided above, the procedure before the Zoning Board of Appeals shall be governed by the applicable provisions Chapter 211 of the Code of the Town of Victor and the Town Law. Review of determinations made hereunder by the Zoning Board of Appeals shall be governed by Article 78 of the New York Civil Practice Law and Rules and the Town Law. Any such proceeding shall be commenced within 30 days of the filing of the decision sought to be reviewed and served upon the Code Enforcement Officer and the Town Clerk.
E.
Review of determinations made hereunder by the Planning Board shall
be governed by Article 78 of the New York Civil Practice Law and Rules
and the Town Law. Any such proceeding shall be commenced within 30
days of the filing of the decision sought to be reviewed and served
upon the Code Enforcement Officer and the Town Clerk.
F.
Abandonment of variance. If an outdoor furnace for which a variance
has been granted hereunder is not installed and operating within one
year from the date of the variance, or if an outdoor furnace for which
a variance has been granted hereunder is removed for a continuous
period of one year, the variance for said outdoor furnace shall be
deemed abandoned and of no effect.
