Town of Elmira, NY
Chemung County
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[HISTORY: Adopted by the Town Board of the Town of Elmira 7-17-2006 by L.L. No. 2-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 73.
Open burning — See Ch. 87.
Littering and dumping — See Ch. 138.
The purpose of this chapter is to allow installation of new outdoor furnaces in the AR and ARA Districts only, subject to the conditions set forth below, and to prohibit outdoor furnaces in all other districts: AAA, AA, A, NB, GB, M, and C.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The following regulations apply to new installations.
A. 
Outdoor furnaces may be permitted on lots of three acres or more.
B. 
The furnace installation shall be set back 200 feet from any dwelling, accessory building not owned by the dwelling owner, served by the outside wood boiler.
C. 
The chimney height should be at least 15 feet above the ground unless the manufacturer's requirements state otherwise.
D. 
Fuel type is limited to dry, natural, untreated wood (not to include leaves and needles), corn kernels, coal and wood pellets.
E. 
Outdoor furnaces will be in compliance with the manufacturer's recommendations for installation, operation and maintenance.
F. 
Outdoor furnace installations are required to obtain a permit from the Town of Elmira Code Enforcement Officer prior to installation and operation.
The following regulations apply to preexisting installations.
A. 
The chimney height should be at least 15 feet above the ground unless the manufacturer's requirements state otherwise.
B. 
Fuel type is limited to dry, natural untreated wood (not to include leaves and needles), corn kernels, coal and wood pellets.
C. 
Installation of the preexisting outdoor furnace must meet the required recommendations of the manufacturer for installation, operation and maintenance.
D. 
The operation of a preexisting outdoor furnace may not be extended or enlarged.
A. 
Any person who shall violate any provision of this chapter shall be guilty of a violation as defined in Article 10 of the New York State 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 violation shall constitute a separate and distinct offense.
B. 
Compliance with this chapter may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).