[HISTORY: Adopted by the Town Board of the Town of Cedarburg 2-4-2009 by Ord. No.
2009-3. Amendments noted where applicable.]
This chapter shall be known as the "Town of Cedarburg Outdoor
Wood-Fired Furnace Ordinance."
Although outdoor wood-fired 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. This chapter is intended to ensure
that outdoor wood-fired 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 Town of Cedarburg. By
the enactment of this chapter, the Town intends to remediate and control
the effects of outdoor wood-fired furnaces within the Town starting
on the day after its enactment. To accomplish that end, the Town intends
this chapter to have retroactive effect to the extent reasonably necessary
to accomplish its intended purposes, including the modification, replacement,
or restriction of all existing outdoor wood-fired furnaces located
in the Town as necessary to bring them into compliance with the requirements
of this chapter.
This chapter is adopted under the authority granted to the Town
Board by § 60.22, Wis. Stats., and its exercise of village
powers under Ch. 61, Wis. Stats.
As used in this chapter, the following terms shall have the
meanings indicated:
Wood that does not have paint, stains, cementing agents,
or other types of coatings, and wood that has not been treated with
substances, including, but not limited to, copper arsenate, creosote,
or pentachlorophenol, and wood pellets made from clean wood.
The Building Inspector, Constable, or other person authorized
by the Town Board of the Town of Cedarburg to administer and enforce
this chapter, whose duties shall include responding to resident questions
and complaints and performing other tasks as the Town Board may assign.
The outdoor wood-fired furnace is installed on the site prior
to the effective date of this chapter.
An outdoor wood-fired furnace that was installed prior to
the effective date of this chapter.
A fuel-burning furnace, stove, boiler, or device (1) designed
to burn wood or other manufacturer-approved fuel products; (2) that
the manufacturer specifies for outdoor installation or installation
in structures not intended for habitation by humans or domestic animals;
and (3) that heats building space and/or water via the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a water/antifreeze mixture. An outdoor wood-fired furnace
may also be referred to as an "outdoor wood boiler" or "outdoor wood-fired
hydronic heater."
Any outdoor wood-fired furnace that meets EPA Phase 1 qualified
level on a particulate matter emission limit of 0.60 pound/MMBtu heat
output. Emission levels are annual averages unless qualified for heating
season use only. The unit has met the EPA fired hydronic heater (EPA
OWHH) Phase 1 emission level and has the proper qualifying label and
hangtag.
Any outdoor wood-fired furnace that meets a particulate matter
emission limit of 0.32 pound/MMBtu heat output (weighted average representing
the range of burn rates expected in a year) and a maximum individual
test run of 18.0 grams per hour. The unit has met the EPA OWHH Phase
2 emission level and has the proper qualifying label and hangtag.
Phase 2 qualified units are cleaner and pollute less than those units
that have not met this emission level.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired heating device or structure,
including that part of the structure extending above a roof.
Any wood-fired furnace that does not meet United States Environmental
Protection Agency Phase 1 or Phase 2 qualified standards.
No person may install or operate an outdoor wood-fired furnace
within the Town of Cedarburg without obtaining a permit from the Building
Inspector indicating that the unit meets the requirements of this
chapter, and the owner shall pay any permit fee according to the Annual
Fee Schedule established by the Town Board.
Any existing outdoor wood-fired furnace that does not conform
to the requirements of this chapter shall, upon the Town’s receipt
of a written verified complaint by an adjacent neighboring resident,
be modified or replaced to meet the requirements of this chapter and
receive a permit within 30 days of the notice of noncompliance from
the Code Enforcement Officer. If the owner of an existing outdoor
wood-fired furnace does not receive a permit within such time period,
then the operation of the outdoor wood-fired furnace shall be discontinued
until such time it is modified or replaced to meet the requirements
of this chapter. Any existing outdoor wood-fired furnace that remains
inoperable without a permit for a period longer than 12 consecutive
months shall be removed. If an outdoor wood fired-furnace is located
within a permitted accessory building and the unit is required to
be removed, the accessory building may remain on the property.
Any person desiring to install or operate an outdoor wood-fired
furnace within the Town shall obtain a permit from the Building Inspector
according to this chapter. The applicant for such a permit shall meet
the following requirements:
A.
Present
a plan showing all property lines, the locations and distances of
all residences, dwellings or occupied buildings on adjoining properties,
and the proposed or existing location of the outdoor wood-fired furnace.
B.
Any existing
unregulated outdoor wood-fired furnace or existing Phase 1 outdoor
wood-fired furnace shall be located at least 500 feet from any neighboring
residence. These furnaces shall have a stack or chimney that extends
to a minimum height of the residential structure roof peak of which
the outdoor wood-fired furnace is servicing plus two feet. If new
residences are built within 500 feet, the current furnace is allowed
to remain; however, the stack must be two feet higher than the highest
of the residences. The maximum height of the outdoor wood-fired furnace
stack or chimney shall not exceed 50 feet and shall not exceed the
maximum height requirement in that specific zoning district.
C.
Locate
all Phase 2 outdoor wood-fired furnaces at least 100 feet from any
neighboring residence. These furnaces shall have a stack or chimney
that extends to a minimum height of the roof peak of the highest residence
(that which it is serving, or that of an adjacent residence, whichever
is higher) plus two feet; if new residences are constructed on adjacent
properties, the stack must be two feet higher than the highest of
the residences. The maximum height of the outdoor wood-fired furnace
stack or chimney shall not exceed 50 feet and shall not exceed the
maximum height requirement in that specific zoning district.
D.
If applicable,
provide a copy of the EPA’s qualifying label and hangtag for
the unit.
E.
Outdoor
wood-fired furnaces are prohibited in all business and industrial
zoning districts.
F.
Present
evidence that the applicant has obtained all applicable building permits
for the installation of the outdoor wood-fired furnace and its connection
to the mechanical system of the structure it will serve.
G.
Provide
a copy of the manufacturer’s specification and instructions,
which the applicant shall comply with and not alter at any time.
H.
Demonstrate
that the outdoor wood-fired furnace has been laboratory tested and
listed to comply with appropriate safety standards such as UL (Underwriters
Laboratories) or ANSI (American National Standards Institute) standards.
I.
All outdoor
wood-fired furnaces shall be equipped with properly functioning spark
arrestors.
J.
The application
shall be signed by all owners of the lot on which the outdoor wood-fired
furnace will be located and the contractor installing the outdoor
wood-fired furnace.
If an outdoor wood-fired furnace is replaced or upgraded, a permit shall be required pursuant to § 112-5 of this chapter and shall comply with all sections of this chapter. All new, replacement and upgraded furnaces will meet the requirements of the Phase 2 unit.
A.
The only
substance that may be burned in any new or existing outdoor wood-fired
furnace is clean wood, wood pellets, corn products, biomass pellets
or other listed fuels specifically permitted by the manufacturer’s
instructions such as fuel oil, natural gas or propane backup.
B.
No person
shall burn any of the following in an outdoor wood-fired furnace:
(1)
Any
wood that does not meet the definition of "clean wood."
(2)
Tires.
(3)
Lawn
clippings or yard waste.
(4)
Rubbish
or garbage, including but not limited to food wastes, food packaging,
or food wraps.
(5)
Materials
containing plastic.
(6)
Materials
containing rubber.
(7)
Waste
petroleum products.
(8)
Paint
and paint thinners.
(9)
Any
type of paper/cardboard.
(10)
Construction
and demolition debris (such as shingles).
(11)
Plywood
or other composite wood products.
(12)
Particleboard.
(13)
Manure.
(14)
Animal
carcasses.
(15)
Asphalt
products.
(16)
Used
cooking oils.
C.
The outdoor
wood-fired furnace shall at all times be operated and maintained in
accordance with the manufacturer’s specifications.
D.
The outdoor
wood-fired furnace shall be maintained and operated in compliance
with all emissions and air quality standards promulgated by the United
States Environmental Protection Agency, the Wisconsin Department of
Natural Resources, or other relevant state or federal agency.
E.
Any ash
or other by-products from the operation of the outdoor wood-fired
furnace shall be disposed of in accordance with all applicable laws.
The Town Board shall have the following power: to authorize,
upon appeal in specific cases, such variance from the terms of this
chapter as will not be contrary to the public interest, where, owing
to special conditions, a literal enforcement of the provisions of
the chapter will result in unnecessary hardship, and so that the spirit
of the chapter shall be observed and substantial justice done. In
varying any regulations, the Town Board may impose such conditions
and requirements as it deems reasonable and prudent. The Town Board
shall hold a public hearing as a part of its review. The owners of
record in whole or in part as listed in the office of the Ozaukee
County Register of Deeds and who are situated within 1,000 feet of
the boundaries of the properties affected shall be sent a notice postmarked
at least 10 days prior to the date of consideration by the Town Board.
Upon submission of the variance request, the applicant shall pay a
variance review fee according to the Annual Fee Schedule established
by the Town Board.
The regulation and enforcement of outdoor wood-fired furnaces through this chapter shall not preclude the Town from proceedings related to the same under Chapter 223, Nuisances.
The Town Building Inspector, Constable, or other person appointed
by the Town Board of the Town of Cedarburg shall serve as the enforcement
officer who shall be responsible for enforcing the terms of this chapter.
A.
Duties
of enforcement officer.
(1)
Inspection. The enforcement officer, and any other individual representing the Town of Cedarburg whose presence is necessary to complete the inspection, may inspect any premises, building or structure in accordance with Subsection B of this section to determine whether or not a violation of this chapter exists.
(2)
Action. Whenever an inspection discloses a violation of this chapter, the enforcement officer shall prepare a report detailing the violation and a recommendation regarding how the violation can be corrected. The Enforcement Officer, upon authorization by the Town Administrator, shall issue a written notice to the owner and/or the occupant of the premises as set forth in Subsection C, along with a copy of the report.
B.
Inspections;
permission. The enforcement officer or any authorized officer, agent,
employee or representative of the Town of Cedarburg may inspect any
property for the purposes of ascertaining compliance with the provisions
of this chapter. Prior to entering upon any property to conduct an
inspection, the enforcement officer or an authorized Town representative
of the Town shall obtain the permission of the owner or occupant of
the property to conduct the inspection. If, after due diligence, the
enforcement officer or authorized Town representative is unable to
obtain such permission, the enforcement officer shall have the authority
to conduct the necessary inspection in accordance with this chapter
and the applicable laws of the state, and, if necessary, obtain a
special inspection warrant in accordance with §§ 66.122[1] and 66.123,[2] Wis. Stats. If a court orders the inspection, the defendant
named in the order shall reimburse the Town of Cedarburg for the costs
of filing the petition and reasonable attorney’s fees.
C.
Notice
of violation. Whenever an inspection discloses that a violation of
this chapter exists, the enforcement officer shall, upon authorization
by the Town Administrator, issue a notice of violation to the owner
and/or occupant of the premises.
(1)
The
notice shall:
(a)
Be in writing.
(b)
Include a statement of the reasons why the notice is being issued.
(c)
Contain a copy of the enforcement officer's inspection report detailing
the conditions constituting the violation, contain an outline of the
remedial action required to come into compliance with the chapter
and state a reasonable time to rectify the violation.
(2)
Except
in emergency cases, the notice shall be sent by registered mail or
by certificate of mailing, or personally delivered to the owner and/or
occupant of the premises upon which the violation exists.
(3)
Where
the owner is absent from the Town of Cedarburg, all notices shall
be deemed to be properly served if a copy of the notice is served
upon the owner personally, a copy of the notice is sent by registered
mail or by certificate of mailing to the last known address of the
owner, regardless of proof of receipt, and is posted in a conspicuous
place on or about the premises affected by the notice or the owner
is served with such notice by any other method authorized under the
laws of the State of Wisconsin.
D.
Emergency
cases. Whenever the enforcement officer finds that an emergency exists
which requires immediate action to protect the public health, safety
and welfare, the enforcement officer may, without notice or hearing,
issue an order reciting the existence of such an emergency and requiring
that such action be taken as is necessary to correct the violation
and eliminate the emergency. Notwithstanding the other provisions
of this chapter, such order shall be effective immediately.
E.
Hearings.
(1)
Right
to hearing. Any person affected by any notice which has been issued
in accordance with the enforcement of any provision of this chapter,
may request and shall be granted a hearing on the matter before the
Town Board, provided that such person file a written request for the
hearing within 10 days after service of the notice. The request shall
contain a brief statement regarding the reasons for the request.
(2)
Scheduling
and conduct of the hearing. Upon receipt of a request for a hearing,
a time and place for the hearing shall be scheduled and posted in
accordance with applicable open meeting requirements. The hearing
shall be scheduled no later than 60 days after the day on which the
request was received. At the hearing, the person requesting the hearing
shall be given the opportunity to be heard and show cause why the
violation described in the notice should not be abated.
(3)
Town
Board action. After such hearing, the Town Board shall issue a written
decision sustaining the notice, modifying the notice and attaching
conditions or withdrawing the notice. If the Town Board sustains the
notice, it shall be deemed to be a final order, effective immediately.
(4)
Review
by court of record. Any person or persons aggrieved by a decision
of the Town Board may present to a court of record a petition, duly
verified, setting forth that such decision is illegal and specifying
the grounds of the illegality. Such petition shall be presented to
the court within 30 days after the filing of the decision in the office
of the Town Clerk. Such petition shall not constitute a stay from
the requirements of the final order unless an order to that effect
is obtained from the court.
F.
Remedies and penalties. Any person who has violated or permitted the violation of any provisions of this chapter may be issued a citation by the enforcement officer, Town Constable, or Town Administrator at his/her discretion to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter and shall not preclude the issuance of a citation under this subsection. Any person who violates any of the terms of this chapter and is found guilty thereof shall be subject to a penalty as provided in Chapter 1, § 1-3.
The Town of Cedarburg and its agents, officials and representatives
shall not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the issuance of any
permit under the provisions of this chapter, or by reason of the conduct
of any burning activity in compliance with the terms and provisions
of this chapter. The person or party responsible for any such burning
activity shall bear sole liability of any damages caused as a result
thereof.
The provisions of this chapter are severable. If any sentence,
clause or section is for any reason found to be unconstitutional,
illegal or invalid, such decision shall not affect the validity of
any of the remaining provisions of this chapter. It is hereby declared
as the legislative intent that this chapter would have been adopted
had such unconstitutional, illegal or invalid provisions not been
included herein.
All ordinances or parts of ordinances in conflict herewith shall
be and the same are hereby repealed.
This chapter shall be in full force and effect upon its passage
and posting as provided by law.
