[HISTORY: Adopted by the Town Board of the Town of LeRay 6-14-2007 by L.L. No. 9-2007. Amendments noted where applicable.]
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.
- EXISTING OUTDOOR WOOD FURNACE
- An outdoor wood furnace that was purchased and installed prior to the effective date of this chapter.
- NATURAL WOOD
- 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.
- OUTDOOR WOOD FURNACE
- 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:
No outdoor wood furnaces are allowed in the PDD, BR-1, BR-2, IND or DD Zones.
The existing outdoor wood furnace was constructed, installed, and established prior to the effective date of this section;
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.
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.
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.
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.
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:
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.
The following fuels are strictly prohibited in new or existing outdoor wood furnaces:
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.
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.
Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
Rubber including tires or other synthetic rubber-like products.
Newspaper, cardboard, or any paper with ink or dye products.
Any items not specifically allowed by the manufacturer or this provision.
Setbacks for any new outdoor wood furnace.
The outdoor wood furnace shall be located 50 feet from the property line.
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.
The outdoor wood furnace shall be located at least 100 feet from any residence that is not served by the outdoor wood furnace.
Chimney heights for new outdoor wood furnaces.
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.
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.
Appeals fees. Appeals fees shall be established by Town resolution.
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.
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.
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:
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.
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance.
Whether the requested variance is substantial.
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.