Town of Lockport, NY
Niagara County
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[HISTORY: Adopted by the Town Board of the Town of Lockport 6-2-2010 by L.L. No. 4-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 58.
The Board of the Town of Lockport finds that the types of fuel which can be used and the scale and duration of burning by outdoor furnaces create noxious and hazardous smoke, soot, fumes, odors and air pollution. The Board further finds that such pollutants can be detrimental to residents' health and in more populated areas of the Town would deprive neighboring residents of enjoyment of their premises. The Board further finds that because of the smaller lots and close proximity of residences in parts of the Town, smoke, odor, soot, fumes and pollution emitted by outdoor woodburning stoves will not be dissipated prior to affecting the quality of life, health, welfare and enjoyment of neighboring residents. This chapter is enacted for the purpose of promoting the public health, comfort, convenience, safety, welfare and prosperity and general welfare of the Town and its residents and, further, for the purpose of protecting property values in the Town.
As used in this chapter, the following terms shall have the definitions set forth herein:
EXISTING or IN EXISTENCE
When used with outdoor furnace, means that the outdoor furnace is already in place on the site at the time when this chapter takes effect.
FIREWOOD
Dry, seasoned trunks and branches of trees and bushes, but does not include leaves, needles, vines, or brush smaller than one inch in diameter.
OUTDOOR FURNACE
An accessory or outdoor structure, equipment, device or apparatus designed and intended for the burning of wood or other combustibles for the purpose of heating the principal structure or any other structures on the premises for which is affixed or situated outdoors for the purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat or hot water.
PERSON
Any individual, partnership, corporation or other entity which shall reside in, own or have a property interest in any premises in the Town of Lockport.
PROHIBITED FUELS
Railroad ties, oil products and by-products, unseasoned firewood or lumber, and other fuels which cause toxic or excessive smoke.
RESTRICTED PARCEL
Any plot or parcel of land in the Town of Lockport having a neighboring residence within 150 feet of the proposed location of the outdoor woodburning furnace.
A. 
The construction or operation of outdoor furnaces is hereby prohibited within the Town of Lockport upon restricted parcels as defined herein.
B. 
No person shall construct or operate an outdoor furnace upon an unrestricted parcel unless a permit has been issued by the Town of Lockport Building Inspector.
Outdoor furnaces on premises which are not restricted parcels, as defined herein, may be permitted subject to the following restrictions:
A. 
Permitted fuel. Only firewood is permitted to be burned in an outdoor furnace. No person shall burn prohibited fuels in an outdoor furnace.
B. 
An outdoor furnace shall be set back not less than 40 feet from the lot line of the premises on which it is located.
C. 
The following are prohibited:
(1) 
Malodorous air contaminants from the outdoor furnace which are detectable outside the property of the person on whose lot the outdoor furnace is located.
(2) 
Emissions from the outdoor furnace which interfere with the reasonable enjoyment of life or property of others than the permittee.
(3) 
Emissions from the outdoor furnace are or may be harmful to human or animal health.
(4) 
Emissions from the outdoor furnace cause damage to vegetation or property.
(5) 
Violation of state laws and regulations.
In addition to any other remedy, compliance with this chapter may be compelled and violations restrained by order or by injunction, temporary injunction, or temporary restraining order in a civil proceeding brought in a court of competent jurisdiction.
Any person who shall violate any provision of this chapter shall be guilty of a violation 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 day's continued violation shall constitute a separate offense.
This chapter shall be enforced by the Building Inspector of the Town of Lockport and deputy building inspectors and any police agency.
This chapter is adopted pursuant to the authority set forth in Municipal Home Rule Law § 10, Subdivision 1(ii)a. In any respect in which this chapter shall contravene or be more stringent than any general law, other local law, or any rule or regulation, the provisions of this chapter shall prevail.