This chapter is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the Village of Spring Lake due
to the air pollution from outdoor wood-burning furnaces.
As used in this chapter, the following terms shall have the
meanings indicated:
OUTDOOR WOOD-BURNING FURNACE
A.
Any device or structure that:
(1)
Is designed, intended, or used to provide heat and/or hot water
to any residence or other structure;
(2)
Operates by the burning of wood or other solid fuel; and
(3)
Is not located within a residential or other structure for which
it provides heat.
B.
Excluded from the definition of an "outdoor wood-burning furnace"
is any device which is not designed or used to heat a structure other
than the structure in which it is located.
It shall be unlawful to install or operate an outdoor wood-burning
furnace, and to cause or permit the installation or operation of an
outdoor wood-burning furnace within the Village.
This chapter shall not be construed as an exemption or exception
to any other provision of this Code, including the construction codes,
property maintenance code, fire prevention codes, Chapter
390, Zoning, or any other code or ordinance. In the event of a conflict between the provisions of this chapter and any other ordinance or other provision of law, the more restrictive provision shall apply.
This chapter shall not apply to any outdoor wood-burning furnace
that was installed, connected, and operating as of the effective date
of this chapter. However, this chapter shall not be deemed as specific
authorization for the use of any preexisting outdoor wood-burning
furnace and shall not be deemed to bar, limit, or otherwise affect
the rights of any person to take private legal action regarding damage
to nuisance caused by the use of an outdoor wood-burning furnace.
If a preexisting outdoor wood-burning furnace is converted, moved
to a new location within the same property, is adapted to service
additional structures or is otherwise changed, it will be construed
to be a newly installed furnace, and this chapter shall apply in
its entirety.
Any outdoor wood-burning furnace installed or operated in violation
of this chapter is hereby declared to be nuisance per se.