[HISTORY: Adopted by the Board of Trustees of the Village
of Central Square 8-11-2008 by L.L. No. 1-2008. 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 Central Square are not suited for the installation of an outdoor
furnace. This chapter is intended to insure 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.
[Amended 10-27-2014 by L.L. No. 3-2014]
No person shall cause, allow or maintain the use of an outdoor
furnace within the Village of Central Square without first obtaining
a site plan approval and a permit from the Village of Central Square
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 Central Square.
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 a site plan approval and 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.
Specific requirements are as follows:
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.
C.
Seasonal use. Outdoor furnaces may only be used from September 15
to May 15 each year.
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 Central Square 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 Central Square if any of the following conditions occurs:
(1)
Emissions from the outdoor furnace exhibit greater than 20% opacity
(six-minute average), except for one continuous six-minute period
per hour of not more than 27% opacity, which shall be determined as
provided in 6 NYCRR 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 cause 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 § 130-10 hereof.
Where the Village of Central Square 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
Board of Appeals may impose such conditions and requirements as it
deems reasonable and prudent. The Village Board may, at its discretion,
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 Board
of Appeals does not take any action with respect to the variance within
60 days from receipt of an application for variance, the variance
shall be deemed denied.
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
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 regulations 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 the
manufacturer's specifications and any and all local, state and
federal codes, laws, rules and 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.
