[HISTORY: Adopted by the Board of Trustees
of the Village of Fair Haven 11-10-2008 by L.L. No. 4-2008. Amendments noted where
applicable.]
Although outdoor furnaces may provide an economical
alternative to conventional heating systems, 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. Additionally, certain areas of
the Village of Fair Haven are not suited for the installation of an
outdoor furnace. This chapter is intended to ensure that outdoor furnaces
are utilized in a manner that does not create a nuisance and is not
detrimental to the health, safety and general welfare of the residents
of the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
A natural dark-brown-to-black solid used as a fuel, formed
from fossilized plants, and consisting of amorphous carbon with various
organic and some inorganic compounds.
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush smaller than three inches in diameter.
Any equipment, device 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.
Dry wood which has been milled and dried but which has not
been treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint or other substance.
No person shall cause, allow or maintain the
use of an outdoor furnace within the Village of Fair Haven without
first obtaining site plan approval from the Village and a permit from
the Village of Fair Haven Code Enforcement Officer. Application for
the site plan approval and permit shall be made to the Code Enforcement
Officer on forms provided. The permit fees will be established from
time to time by the Village of Fair Haven.[1]
[1]
Editor's Note: A copy of the fees, as established,
is on file in the Village offices.
Any outdoor furnace in existence on the effective
date of this chapter shall be permitted to remain, provided that the
owner applies for and receives site plan approval and a permit from
the Village Code Enforcement Officer within six months of such effective
date; provided, however, that upon the effective date of this chapter
all the provisions hereof shall immediately apply to existing outdoor
furnaces. All of the provisions of this chapter shall continue to
apply to existing outdoor furnaces which receive site plan approval
and permits. If the owner of an existing outdoor furnace does not
receive a permit within six months of the effective date of this chapter,
the outdoor furnace shall be removed. "Existing" or "in existence"
means that the outdoor furnace is in place on the site.
A.
Permitted fuel. Only coal, firewood and untreated
lumber are permitted to be burned in any outdoor furnace. Burning
of any and all other materials in an outdoor furnace is prohibited.
B.
Spark arrestors. All outdoor furnaces shall be equipped
with properly functioning spark arrestors.
D.
Starter fuels. Lighter fluids, gasoline or chemicals
to start the furnace are prohibited.
E.
Stack height requirements.
(1)
Manufacturer's minimum stack height must be adhered
to.
(2)
If stack is located more than 50 feet but no more
than 150 feet from any residence not served by the furnace, the stack
must be at least 75% plus five feet of the height of the eave line
of that residence.
(3)
If stack is located more than 150 feet but less than
300 feet from any residence not served by the furnace, the stack must
be at least 50% plus five feet of the height of the eave line of that
residence (but not less than manufacturer's minimum stack height).
Any resident who has secured a permit to install
an outdoor furnace in doing so will also be agreeing to allow the
Village Code Enforcement Officer or any other person designated by
the Village of Fair Haven to inspect the outdoor furnace if a complaint
is filed in writing relative to a violation of this chapter.
A.
A permit issued pursuant to this chapter may be suspended
as the Code Enforcement Officer may determine to be necessary to protect
the public health, safety and welfare of the residents of the Village
of Fair Haven if any of the following conditions occurs:
(1)
Emissions from the outdoor furnace exhibit greater
than twenty-percent opacity (six-minute average), except for one continuous
six-minute period per hour of not more than twenty-seven-percent opacity,
which shall be determined as provided in NYCRR Section 227-1.3(b);
(2)
Malodorous air contaminants from the outdoor furnace
are detectable outside the property of the person on whose land the
outdoor furnace is located;
(3)
The emissions from the outdoor furnace interfere with
the reasonable enjoyment of life or property;
(4)
The emissions from the outdoor furnace caused damage
to vegetation or property; or
(5)
The emissions from the outdoor furnace are or may
be harmful to human or animal health.
B.
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this chapter subject to the penalties provided in § 71-11 hereof.
Where the Village of Fair Haven Zoning Board
of Appeals finds that extraordinary and unnecessary hardships may
result from strict compliance with this chapter, it may vary the regulations
so that substantial justice may be done and the public interest secured,
provided that such variations will not have the effect of nullifying
the intent and purpose of this chapter or of jeopardizing the health,
safety or welfare of the public. In varying any regulations, the Village
Zoning Board of Appeals may impose such conditions and requirements
as it deems reasonable and prudent. The Zoning Board of Appeals will
hold a public hearing as part of its review. If the Zoning Board of
Appeals denies the variance, the outdoor furnace must either be brought
into compliance with this chapter or removed. If the Village Zoning
Board of Appeals does not take any action with respect to the variance
within 60 days from the receipt of an application for variance, the
variance shall be deemed denied.
For purposes of this section, an outdoor furnace
shall be considered to be abandoned when it has been abandoned or
its use has discontinued for a period of 12 consecutive months. The
owner of the premises upon which an abandoned outdoor furnace is situate
shall be required to remove it.
Failure to comply with any of the provisions
of this chapter shall be a violation and, upon conviction thereof,
shall be punishable by a fine of not more than $500 or imprisonment
for a period of not more than 15 days, or both, for the first offense.
Any subsequent offense shall be punishable by a fine of not more than
$1,000 or imprisonment for a period of not more than 30 days, or both.
In addition, any permit issued pursuant to this chapter shall be revoked
upon conviction of a second offense and the subject outdoor furnace
shall not be eligible for another permit. Each day that a violation
occurs shall constitute a separate offense. The owners of premises
upon which prohibited acts shall occur shall be jointly and severally
liable for violations of this chapter. Any fine imposed hereunder
shall constitute a lien upon the real property where the outdoor furnace
is located until paid.
Nothing contained herein shall authorize or
allow burning which is prohibited by codes, laws, rules or regulation
promulgated by the United States Environmental Protection Agency,
New York State Department of Environmental Conservation or any other
federal, state, regional or local agency. Outdoor furnaces, and any
electrical, plumbing or other apparatus or device used in connection
with an outdoor furnace shall be installed, operated and maintained
in conformity with such regulations. In case of conflict between any
provision of this chapter and any applicable federal, state or local
ordinances, codes, laws, rules or regulations, the more restrictive
or stringent provision or requirement shall prevail.
