It is generally recognized that the types of fuel used and the
scale and duration of burning by outdoor woodburning furnaces 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. Therefore,
with the adoption of this chapter, it is the intention of the Village
of Mount Morris Board of Trustees to establish and impose restrictions
upon the construction and operation of outdoor woodburning furnaces
within the limits of the Village for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare and prosperity
of the Village and its inhabitants.
As used in this chapter, the following terms shall have the
meanings indicated:
FIREWOOD
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush smaller than three inches in diameter.
OUTDOOR WOODBURNING FURNACE
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of untreated lumber or firewood to produce heat or energy
used as a component of a heating system providing heat for any interior
space.
UNTREATED LUMBER
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.
The installation and operation of outdoor woodburning furnaces
are hereby prohibited within the Village of Mount Morris.
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, including such expense incurred by the Village of Mount
Morris in connection with the proceedings of this chapter, and shall
be assessed against the land on which the expense occurred and shall
be levied and collected in the same manner as provided in Article
22 of the Village Law for the levy and collection of a special ad
valorem levy.
Nothing contained herein shall authorize or allow burning which
is prohibited by codes, laws, rules or regulations promulgated by
the United States Environmental Protection Agency, New York State
Department of Environmental Conservation, any other federal, state,
or local agency. Outdoor woodburning furnaces, and any electrical,
plumbing or other apparatus or device used in connection with an outdoor
woodburning furnace, shall be installed, operated and maintained in
conformity with the manufacturer's specifications and any and
all local, state and federal codes, laws, rules and regulations. In
case of a 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.
Upon the filing of an application before the Village Board of
Trustees, the following action shall be taken preparatory to holding
a hearing thereon:
A. Notice of the hearing shall be advertised at least once in the official
newspaper of the Village of Mount Morris, and such advertisement shall
be made at least 10 days prior to such hearings.
B. Property upon which the application or appeal is concerned shall
be posted conspicuously by a zoning notice, no less than 22 inches
by 28 inches in size at least 10 days before the date of the hearing.
At the hearing, any party may appear and be heard in person
or by agent or attorney.
A filing fee shall accompany each application for an appeal
to the Village Board of Trustees, as may be established by the Mayor
and Village Board by resolution from time to time.