[HISTORY: Adopted by the Board of Trustees of the Village of Owego 6-18-2007
by L.L. No. 5-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 195.
This chapter is adopted pursuant to the authority of Article II, § 10,
of the Municipal Home Rule Law and Article IV, § 4-412, of the New
York State Village Law.
It is the intention of the Village Board of Trustees of the Village
of Owego by the adoption of this chapter to establish and impose restrictions
upon the construction and operation of outdoor solid-fuel-burning furnaces
and boilers within the limits of the Village for the purpose of ssecuring
and promoting the public health, comfort, convenience, safety, welfare and
prosperity of the Village and its inhabitants. It is generally recognized
that the types of fuel used and the scale and duration of the burning by such
furnaces and boilers 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.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person who owns the property at the time the outdoor solid-fuel-burning
furnace or boiler has been installed and/or operated, or any person who occupies
the property and utilizes such outdoor solid-fuel-burning furnace or boiler.
An accessory structure designed and intended, through the burning
of wood or other solid fuel, for the purpose of heating the principal structure
or any other site structure on the premises.
The construction and operation of outdoor solid-fuel-burning furnaces
and boilers is hereby prohibited within all designated zones within the Village
of Owego with the exception of industrial zones.
Outdoor solid-fuel-burning furnaces or boilers shall be permitted in
an industrial zone within the Village upon the following conditions:
A.
All outdoor solid-fuel-burning furnaces or boilers must
have a minimum setback of 200 feet from any other zone.
B.
All outdoor solid-fuel-burning furnaces or boilers must
be in strict compliance with the manufacturer's specifications pertaining
to installation, operation and maintenance. In the event of a conflict, the
regulations promulgated hereunder shall apply, unless the manufacturer's
instructions are stricter than the regulations promulgated hereunder, in which
case the manufacturer's instructions shall apply. In addition, such operation
must comply with all federal, New York State, and Tioga County rules and regulations,
whether or not such rules and regulations are specifically designed to govern
the operation of outdoor solid-fuel-burning furnaces or boilers.
C.
Fuel shall only be natural untreated wood or fuels specifically
permitted by the manufacturer. Notwithstanding the foregoing, the following
fuels are strictly prohibited:
D.
The minimum chimney height on all outdoor solid-fuel-burning
furnaces or boilers shall be 15 feet above the outdoor furnace.
E.
All outdoor solid-fuel-burning furnaces or boilers must
be equipped with a properly functioning spark arrestor.
F.
Operators of such furnaces or boilers must obtain a permit
for operation as herein allowed from the Code Enforcement Officer of the Village
of Owego upon certification of such Officer that the conditions set forth
above are in compliance.
G.
Any outdoor solid-fuel-burning furnace or boiler which
is in compliance and subsequently is unused, abandoned or discontinued for
a period of seven consecutive months shall not be permitted to be reestablished
as a preexisting use and must be immediately removed by the property owner
from the subject premises.
Any outdoor solid-fuel-burning furnace or boiler installed and in operation
prior to the effective date of this chapter shall be permitted to continue
upon the following conditions:
A.
All existing outdoor solid-fuel-burning furnaces or boilers
must be in strict compliance with the manufacturer's specifications pertaining
to installation, operation and maintenance. In the event of a conflict, the
regulations promulgated hereunder shall apply, unless the manufacturer's
instructions are stricter than the regulations promulgated hereunder, in which
case the manufacturer's instructions shall apply. In addition, all owners
shall apply for and receive a permit within 60 days of the effective date
of this chapter, or such operation must cease. In addition, such operation
must comply with all federal, New York State, and Tioga County rules and regulations,
whether or not such rules and regulations are specifically designed to govern
the operation of outdoor solid-fuel-burning furnaces or boilers.
B.
Fuel shall only be natural untreated wood or fuels specifically
permitted by the manufacturer. Notwithstanding the foregoing, the following
fuels are strictly prohibited:
C.
The minimum chimney height on all existing outdoor solid-fuel-burning
furnaces or boilers shall be 15 feet above the outdoor furnace or boiler.
D.
All existing outdoor solid-fuel-burning furnaces or boilers
must be equipped with a properly functioning spark arrestor.
E.
No outdoor solid-fuel-burning furnace or boiler existing
at the time of the adoption of this chapter shall thereafter be extended or
enlarged.
F.
Any existing outdoor solid-fuel-burning furnace which
is unused, abandoned or discontinued for a period of seven consecutive months
shall not be permitted to be reestablished as a preexisting use and must be
immediately removed by the property owner from the subject premises.
A.
If the property owner fails to remove the outdoor solid-fuel-burning furnace or boiler by the end of said seven-consecutive-month period, as outlined in §§ 148-5 and 148-6 herein, or if the outdoor solid-fuel-burning furnace or boiler is not in compliance with any of the provisions of this chapter, the Village of Owego Code Enforcement Officer shall give written notice by certified mail or personal service to the owner of the property upon which the outdoor solid-fuel-burning furnace or boiler is located. Such notice shall provide that said owner shall remove the outdoor solid-fuel-burning furnace or boiler within 15 days of the date the notice is either postmarked or personally served upon the owner.
B.
Should the outdoor solid-fuel-burning furnace or boiler
not be removed within the time specified, the Code Enforcement Officer shall
take reasonable steps to effect its removal, including legal action to enforce
this chapter.
C.
The costs incurred by the Village to effect said removal,
including any attorneys' fees incurred by the Village to effect the removal,
plus an amount equal to 50% of said costs of removal, shall be charged to
the owner of said premises. Said expense shall be paid by the owner of the
property so affected within 30 days from the date said costs are presented
to the owner. If said expense is not paid within said thirty-day time frame,
then said expense shall be charged to the property so affected by including
such expense in the next annual tax levy against the property.
D.
No existing or compliant outdoor solid-fuel-burning furnace
or boiler which has been damaged by any reason to the extent of more than
75% of its assessed value for Village of Owego tax purposes shall be repaired
or rebuilt.
Any person who shall violate any provision of this chapter 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 or to imprisonment
for not more than 15 days, or both such fine and imprisonment. Each week's
continued violation shall constitute separate and distinct offenses.
The Village Board of the Village of Owego and/or its enforcement officer
is hereby authorized in the name and on behalf of the Village to undertake
and prosecute any proceedings necessary or appropriate to enforce compliance
with this chapter.
