[HISTORY: Adopted by the Town Board of the Town of Elmira 7-17-2006 by L.L. No.
2-2006. Amendments noted where applicable.]
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.
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.