[HISTORY: Adopted by the Board of Trustees of the Village
of Boonville 2-27-2006 by L.L.
No. 2-2006. Amendments noted where applicable.]
This chapter shall be known as the "Village of Boonville Outdoor
Wood Burning Furnace Local Law." It is adopted pursuant to the authority
of Articles 2 and 3 of the Municipal Home Rule Law.
Although outdoor woodburning 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 woodburning furnaces are utilized in a manner that does
not create a nuisance and is not detrimental to the health, safety
and general welfare of Village residents.
As used in this chapter, the following terms shall have the
meanings indicated:
The street or road right-of-way line. If a lot adjoins two
or more streets or roads, it shall be deemed to have a front lot line
respectively on each.
Any equipment, device or apparatus 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 to a principal residential structure or any other site
structure on the residential premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall cause, allow or maintain the use of an outdoor
woodburning furnace within the Village of Boonville without first
having obtained a permit from the Code Enforcement Officer. Application
for permit shall be made to the Code Enforcement Officer on forms
provided. Fees collected with regard to these permits shall be set
by resolution of the Village Board.
Any outdoor woodburning 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 Code Enforcement Officer within one year of such effective date; provided, however, that upon the effective date of this chapter all the provisions hereof, except § 213-6C, shall immediately apply to existing outdoor woodburning furnaces. If the owner of an existing outdoor furnace does not receive a permit within one year of the effective date of this chapter, the outdoor furnace shall be removed.
All outdoor woodburning furnaces shall comply with the following
rules and regulations:
A.
Installation. All outdoor woodburning furnaces shall be installed,
operated and maintained per the manufacturer's instructions.
B.
Permitted fuel. Only firewood and untreated lumber are permitted
to be burned in any outdoor woodburning furnace. Burning of any and
all other materials is prohibited. No outdoor woodburning furnace
shall be utilized as a waste incinerator.[1]
C.
Replacements. If an outdoor woodburning furnace is replaced or upgraded, a permit shall be required pursuant to § 213-4 of this chapter and shall comply with all sections of this chapter.
D.
Pursuant to 6 NYCRR Part 247, effective January 28, 2011, state requirements
are in effect, including but not limited to the following:
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(1)
All
outdoor woodburning furnaces sold on or after April 15, 2011, must
be certified for sale in New York by the NYSDEC.
(2)
A used
outdoor woodburning furnace moved from one property to another shall
be considered a new outdoor woodburning furnace at the second property
and subject to all provisions applicable to new outdoor woodburning
furnaces. The setback and stack height requirements must also be met.
(3)
All
new outdoor woodburning furnaces must be equipped with a permanent
stack extending a minimum of 18 feet above ground level. If such an
outdoor woodburning furnace is subject to a valid nuisance complaint,
then the NYSDEC may require that the permanent stack extend up to
two feet above the peak of any roof structure within 150 feet of the
outdoor woodburning furnace.
(4)
All
new outdoor woodburning furnaces must meet a minimum 100-foot setback
from all residential property lines.
(5)
All
new outdoor woodburning furnaces must meet a minimum 200-foot setback
from all commercial property lines.
Appeals from any actions, decisions, or rulings of the Code Enforcement Officer or for a variance from the strict application of the specific requirements in § 213-6 of this chapter may be made to the Village of Boonville Zoning Board of Appeals. Requests for all appeals shall be made, in writing, to the Zoning Board of Appeals not later than 30 days of the act, decision, or ruling from which relief is sought.
A.
Appeals fees. Appeals fees shall be established by Village Board
resolution.
B.
Public hearing. Within 62 days after receiving the written request,
the Zoning Board of Appeals 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.
Decision of Zoning Board of Appeals. Within 62 days of the final
adjournment of a public hearing, the Zoning Board of Appeals shall
affirm, modify, or deny the action, decision, or ruling of the Code
Enforcement Officer or correct any omission by him, or approve, approve
with conditions, or disapprove the application. The decision of the
Zoning Board of Appeals 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 Zoning Board of Appeals. As
part of any decision, the Zoning Board of Appeals shall direct the
Code Enforcement 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.
Criteria for variances. In making its determination, the Zoning Board
of Appeals shall take into consideration the benefit to the applicant
if the variance is granted, as weighed against the detriment to the
health, safety and welfare of the neighborhood or community by such
grant. In making such determination, the Board shall also consider:
(1)
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)
Whether the benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than a variance;
(3)
Whether the requested variance is substantial;
(4)
Whether the proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood; and
(5)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Zoning Board of Appeals,
but shall not necessarily preclude the granting of the variance.
Any person who shall violate any provision of this chapter shall
be guilty of a violation as defined in Article 10 of the Penal Law
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 week's continued violation shall constitute
a separate and distinct offense.
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 of Boonville 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 of Boonville 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.
