[HISTORY: Adopted by the Village Board of the Village of
Churchville 3-5-2007 by L.L. No.
2-2007 (Ch. 73 of the 1984 Code). Amendments noted
where applicable.]
This chapter provides for the prohibition of outdoor solid-fuel
heating devices within the corporate limits of the Village of Churchville.
The Village Board of the Village of Churchville has examined and studied
the issue of outdoor solid-fuel heating devices and has determined
that such devices cause noxious and hazardous smoke and odors, soot,
fumes, and air pollution which can be detrimental to citizens'
health and which can deprive neighboring residents of the enjoyment
and comfort of their property or premises. Residents and establishments
situated within the Village of Churchville are entitled to clean air
and environmental surroundings free of unreasonable dust, smoke, obnoxious
odors, fumes and smells, as well as an environment free from stored
debris, and the storage of combustible fuels as might be established
to fuel such heating devices.
This chapter is adopted pursuant to the authority given in Article
2, § 10 of the New York State Municipal Home Rule Law and
Article 4, § 4-412 of the New York State Village Law.
As used in this chapter, the following terms shall have the
meanings indicated:
Any structure separate from and outside of the main living
or building areas of any resident's property, which structure
is designed and intended, through the burning of wood or other solid
fuels or substances, to heat the principal structure or any other
site, building or structure on the premises. Such units are self-contained
units designed to provide heating to a building or structure and which
unit is located outside of such building or structure.
The construction and operation of outdoor solid-fuel heating
devices is hereby prohibited within the corporate limits of the Village
of Churchville.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The Village of Churchville shall have the right to enforce compliance
with this chapter and to prosecute all violations thereof either by
an action in the Justice Court of the Town of Riga or for injunction
or any other action as may be appropriate, in any court of competent
jurisdiction.
B.
The Building Inspector/Code Enforcement Officer of the Village of
Churchville is hereby charged with the responsibility to administer
and enforce all of the provisions of this chapter and shall immediately
report to the Village Board any violations of such chapter. The Village
Board may thereupon take whatever action it deems appropriate to enforce
the provisions of this chapter.
A.
Except as hereinafter provided, the lawful use of any outdoor solid-fuel
heating device in existence at the time of the adoption of this chapter
may be continued.
B.
No outdoor heating device existing at the time of the adoption of
this chapter shall hereafter be extended or enlarged.
C.
Any existing outdoor heating device which is abandoned or discontinued
for a period of six consecutive months shall not be permitted to be
reestablished as a nonconforming use and shall be immediately removed
by the property owner from the subject premises.
D.
All such outdoor heating devices in existence at the time of the
adoption of this chapter shall apply for and receive a permit from
the Building Inspector/Code Enforcement Officer of the Village of
Churchville, after inspection by such Building Inspector/Code Enforcement
Officer, and shall be subject to periodic inspection as in the discretion
of the Building Inspector/Code Enforcement Officer may be necessary
or required. Such devices shall comply with all rules and regulations
of the State of New York and the United States Environmental Protection
Agency (EPA) and must meet all standards of performance as promulgated
by any state or federal agency.
