[HISTORY: Adopted by the Board of Trustees of the Village
of Bath 12-17-2007 by L.L. No. 6-2007. Amendments noted where applicable.]
This chapter shall be known as the "Village of Bath Outdoor
Furnace Local Law." It is adopted pursuant to Municipal Home Rule
Law § 10.
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. This chapter is intended to ensure 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:
The Village Board of the Village of Bath, New York.
The Code Enforcement Officer of the Village of Bath.
The outdoor furnace is in place on the site.
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.
The Village of Bath, New York.
The Village of Bath Zoning Board of Appeals.
No person shall cause, allow or maintain the use of an outdoor
furnace within the Village of Bath without first having obtained a
permit from the CEO. Application for a permit shall be made to the
CEO on the forms provided.
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 permit from the CEO within 60 days of such effective
date; provided, however, that upon the effective date of this chapter,
all the provisions of this chapter shall immediately apply to existing
outdoor furnaces. All the provisions of this chapter shall continue
to apply to existing outdoor furnaces which receive permits. If the
owner of an existing outdoor furnace does not receive a permit within
60 days of the effective date of this chapter, the outdoor furnace
shall be removed.
A.Â
Permitted fuel. Only firewood, untreated lumber, fossil fuels, corn,
coal, fuel oil, gasoline, kerosene or other combustible material are
permitted to be burned in any outdoor furnace. Burning of any and
all other materials in an outdoor furnace is prohibited. No outdoor
furnace shall be utilized as a waste or garbage incinerator.
B.Â
Setbacks. Outdoor furnaces shall follow the minimum setbacks of the
applicable zoning district within the Village.
C.Â
Chimney height.
(1)Â
The
chimney height of any outdoor furnace located 50 feet or less to any
residence not served by the outdoor furnace shall be at least two
feet higher than the eave line of the unserved residence.
(2)Â
The
chimney height of any outdoor furnace located more than 50 feet but
less than 100 feet to any residence not served by the outdoor furnace
shall be at least 75% of the height of the eave line of the unserved
residence, plus an additional two feet.
(3)Â
The
chimney height of any outdoor furnace located more than 100 feet but
less than 150 feet to any residence not served by the outdoor furnace
shall be at least 50% of the height of the eave line of the unserved
residence, plus an additional two feet.
(4)Â
The
chimney height of any outdoor furnace located more than 150 feet but
less than 200 feet to any residence not served by the outdoor furnace
shall be at least 25% of the height of the eave line of the unserved
residence, plus an additional two feet.
(5)Â
The
chimney height of any outdoor furnace located more than 200 feet from
any residence not served by the outdoor furnace shall be a minimum
of eight feet.
D.Â
Replacements. If an outdoor furnace is replaced or upgraded, a permit
shall be required pursuant to this chapter and shall comply with all
sections of this chapter.
E.Â
Spark arrestors. All outdoor furnaces shall be equipped with properly
functioning spark arrestors.
A.Â
A permit issued pursuant to this chapter may be suspended as the
CEO may determine to be necessary to protect the public health, safety
and welfare of the residents if any of the following conditions occur:
(1)Â
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)Â
Malodorous air contaminants from the outdoor furnace are detectable
outside the property of the person on whose land the outdoor furnace
is located;
(3)Â
The emissions from the outdoor furnace interfere with the reasonable
enjoyment of life or property;
(4)Â
The emissions from the outdoor furnace cause damage to vegetation
or property; or
(5)Â
The emissions from the outdoor furnace are or may be harmful to human
or animal health.
B.Â
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 § 59-10 hereof.
Where the Board of Trustees, acting as a local board of health,
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 Board
of Trustees may impose such conditions and requirements as it deems
reasonable and prudent. The Board of Trustees may, at its discretion,
hold a public hearing as part of its review. If the Board of Trustees
grants the waiver, a permit shall be issued for the outdoor furnace.
If the Board of Trustees denies the waiver, the outdoor furnace must
either be brought into compliance with this chapter or removed. If
the Board of Trustees does not take any action with respect to the
waiver within 60 days from its receipt of an application for waiver,
the waiver shall be deemed denied.
Appeals from any actions, decisions, or rulings of the CEO or for a variance from the strict application of the specific requirements in § 59-6 of this chapter may be made to the Village ZBA. Requests for all appeals shall be made in writing to the ZBA not later than 30 days of the act, decision, or ruling from which relief is sought.
A.Â
Appeals fees. Appeals fees shall be established by Board of Trustees
resolution.
B.Â
Public hearing. Within 62 days after receiving the written request,
the ZBA shall hold a public hearing on the appeal, with prior notice
published in a newspaper of general circulation in the Village at
least 10 days before the date of the hearing and specifying the date,
place, time, and purpose of the hearing.
C.Â
Decision of ZBA. Within 62 days of the final adjournment of a public
hearing, the ZBA shall affirm, modify, or deny the action, decision,
or ruling of the zoning officer or correct any omission by him, or
approve, approve with conditions, or disapprove the application. The
decision of the ZBA shall be in writing and shall contain findings
and the factual basis for each finding from the record of the hearing,
which shall support the decision of the ZBA. As part of any decision,
the ZBA shall direct the zoning officer to issue any appropriate permit
in conformity with its ruling and shall state a time by which such
permit shall be issued, in conformity with this chapter.
D.Â
Criteria for variances. In making its determination, the ZBA shall
take into consideration the benefit to the applicant if the variance
is granted, as weighted against the detriment to the health, safety
and welfare of the neighborhood or community by such grant. In making
such determination, the ZBA shall also consider:
(1)Â
Whether an undesirable change will be produced in the character of
the neighborhood or a detriment to nearby properties will be created
by the granting of the variance;
(2)Â
Whether the benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than a variance;
(3)Â
Whether the requested variance is substantial;
(4)Â
Whether the proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood; and
(5)Â
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the ZBA, but shall not necessarily
preclude the granting of the variance.
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 10 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 week 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 and shall be charged
to said property so affected by including such fine in the next annual
tax levy against the property.
Compliance with this chapter may also be compelled and violations
restrained by order or by injunction of a court of competent jurisdiction.
Any person who violates any provision of this chapter shall also be
subject to a civil penalty of not more than $500, to be recovered
by the Village in a civil action, and each week's continued violation
shall be for this purpose a separate and distinct violation. In the
event the Village is required to take legal action to enforce this
chapter, the violator will be responsible for any and all necessary
costs relative thereto, including attorneys' fees, and such expense
shall be charged to the property so affected by including such expense
in the next annual tax levy against the property.
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, Adirondack Park Agency,
Lake George Park Commission 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 the case of a 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.
