[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:
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.
Dry, seasoned trunks and branches of trees and bushes, but
does not include leaves, needles, vines, or brush smaller than one
inch in diameter.
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.
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.
Railroad ties, oil products and by-products, unseasoned firewood
or lumber, and other fuels which cause toxic or excessive smoke.
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.
