All yards, open space, off-street parking and required landscaping
must be contained within the zone in which the use is permitted.
[Amended 2-26-2003 by L.L. No. 5-2003]
A. In any residential district, no lot may be used or occupied and no
structure may be erected, maintained or used for the raising or harboring
of horses, pigeons, swine, goats, rabbits, cows, poultry, bees, foxes,
mink, skunk or other fur-bearing animals unless the lot is five or
more acres in size.
B. Notwithstanding the foregoing, nothing herein contained shall prohibit
the raising or harboring of domestic animals or poultry on any farm
within the Town of Ogden.
C. Common household pets are exempt from these provisions.
No storage of any flammable liquid or gas in quantities exceeding
the requirements of the New York State Fire Code shall be allowed
except with the prior approval of the Fire Inspector and in conformance
with the requirements of the New York State Uniform Fire Prevention
and Building Code.
Dumping shall be regulated as provided in Chapter
174, Littering, and Chapter
230, Solid Waste.
Signs erected in any district must meet the requirements of Chapter
224, Signs.
The grading of residential lots shall conform to the following
criteria:
A. The final or finish grade of a lot at the front foundation wall of
the dwelling shall be a minimum of 15 inches above the elevation of
the center line of the abutting street pavement. The Planning Board
may modify this requirement provided that unusual circumstances that
allow for positive drainage create a reasonable need.
[Amended 8-11-1999 by L.L. No. 10-1999]
B. Front and rear yards shall be finish-graded so that surface water
will drain away from the foundation walls on a minimum slope of 2%.
C. The final or finish grade of lot shall be completed in a manner such
that surface water runoff will not create a nuisance or hazard to
abutting property.
D. An access driveway from an abutting street shall be located, designed
and constructed so as to prevent the movement of surface water runoff
from the highway right-of-way onto the driveway and lot.
[Added 11-12-2008 by L.L.
No. 10-2008; amended 7-13-2022 by L.L. No. 2-2022]
A. Existing outdoor furnaces/boilers.
(1) Intent. The use of outdoor wood furnaces creates noxious and hazardous
smoke, soot, fumes, odors and air pollution, can be detrimental to
citizens' health and can deprive neighboring residents of the enjoyment
of their property or premises. Therefore, it is the intention of the
Town to prohibit the construction and operation of outdoor wood furnaces
within the limits of the Town for the purposes of securing and promoting
the public health, comfort, convenience, safety, welfare and prosperity
of the people of the Town of Ogden.
(2) Definitions. As used in this section, the following terms shall have
the meanings indicated:
OUTDOOR WOOD FURNACE
Any equipment, device, appliance or apparatus of freestanding
wood, coal or biofuel-fired outside furnaces and boilers, 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 or water source. An outdoor wood furnace may also be referred
to as an "outdoor wood boiler" or "outdoor wood hydronic heater."
(3) Outdoor wood furnaces prohibited. No person shall install, use or
maintain an outdoor wood furnace in the Town of Ogden.
(4) Nonconforming uses.
(a)
Any outdoor wood furnace that is lawfully existing on the effective
date of this section will be considered a nonconforming use. Such
nonconforming use shall be discontinued, and any outdoor wood furnace
shall be removed from the premises within seven years of the effective
date of this section or the nonconformance shall be deemed to have
continued in violation of this section. Such period shall be known
as the amortization period. The person operating such outdoor wood
furnace may make an application to the Town Board within six months
of the effective date of this section establishing that, due to specific
circumstances, such amortization period is unreasonable and will result
in a substantial loss of investment. The Town Board may, after consideration
of such application and any evidence provided, grant a reasonable
extension of the amortization period. Relevant factors for consideration
will include:
[1]
Initial capital investment;
[2]
Investment realization to date;
[3]
Life expectancy of the investment;
[4]
The existence of documented complaints regarding operations.
(b)
The transfer of ownership of the real property containing the
nonconformance during the amortization period will immediately terminate
such amortization period and result in the immediate removal of the
nonconforming use.
(5) Enforcement. Violation of these provisions shall be enforced in accordance with the provisions of §
300-20 of this chapter.
B. Regulation of installation and use of DEC-certified, and regulated
outdoor wood boilers.
(1) Intent. It is the intent of this subsection to permit and regulate
the use of outdoor wood boilers that are manufactured, sold and certified
to be in strict compliance with all New York State Department of Environmental
Conservation and New York State Building Code requirements, as well
as to provide for the periodic inspection of such units and the allowed
fuels to insure, to the greatest extent possible, the use of such
units without impacting the surrounding community.
(2) Definitions. As used in this section, the following terms shall have
the meanings indicated:
APPROVED FUELS
(b)
Wood pellets made from clean wood;
(c)
Heating oil in compliance with DEC regulations, L.P. gas or
natural gas may be used as starter fuels for dual fuel-fired outdoor
wood boilers;
(d)
Nonglossy, noncolored papers, including newspaper, may be used
only to start an outdoor wood boiler; and
(e)
Such other fuels approved by the DEC per the certification requirements
of its regulations, as amended from time to time.
(f)
Only those approved fuels as recommended by the manufacturer.
CERTIFICATE OF COMPLIANCE
A certificate issued by the Code Enforcement Officer certifying
that such outdoor wood boilers has been installed and tested, and
is in compliance with this subsection as of the date of issuance of
such certificate.
CONDITIONAL USE PERMIT
A permit issued by the Town of Ogden Zoning Board of Appeals, pursuant to Article
XI of the Zoning Code of the Town of Ogden, containing such conditions as such Board shall determine, including revocation in the event of noncompliance with the provisions of this subsection.
OUTDOOR WOOD BOILER
New outdoor wood boilers that shall bear a manufacturers
permanent tag certifying that the outdoor wood boilers, as manufactured
and sold for use in New York state, are manufactured in compliance
and New York State Building Code requirements and New York State Department
of Environmental Conservation (DEC) regulations.
PERMIT
That building permit issued by the Code Enforcement Officer
of the Town of Ogden allowing for the installation of the outdoor
wood boilers in compliance with the provisions of this subsection.
PROHIBITED FUELS
(a)
Wood that does not meet the definition of clean wood;
(e)
Yard waste, including lawn clippings;
(f)
Materials containing plastic;
(g)
Materials containing rubber;
(h)
Waste petroleum products;
(i)
Paints or paint thinners;
(j)
Household or laboratory chemicals;
(l)
Paper except as allowed pursuant to "approved fuels" above;
(m)
Construction and demolition debris;
(v)
Any other fuel that is not recognized as an approved fuel pursuant
to DEC regulations, as amended from time to time.
(3) Permits required. No outdoor wood boilers shall be operated within
the Town of Ogden unless it shall have been issued a building permit,
conditional use permit and a certificate of compliance for the same.
Applications for all required permits shall be on forms for the same,
as developed from time to time, by the Code Enforcement Officer of
the Town of Ogden.
(4) Dimensional requirements.
(a)
An outdoor wood boiler may only be installed on a tax parcel
of at least three acres in size, and having a minimum tax parcel width
of at least 300 feet, and a minimum tax parcel depth of at least 400
feet.
(b)
An outdoor wood boiler must be installed at least 150 feet from
all side and rear property lines, or at such greater setbacks as may
be recommended by the outdoor wood boiler manufacturer, or as may
be conditioned by the Zoning Board of Appeals upon the issuance of
any conditional use permit.
(c)
An outdoor wood boiler shall be equipped and installed with
a permanent stack installed to the manufacturer's specifications,
New York state regulations and the Town of Ogden Code requirements.
(d)
An outdoor wood boiler may only be installed upon a tax parcel
as an appliance to service the principal permitted structure, and
shall be only installed in the rear yard of the tax parcel.
(5) Compliance required. Any outdoor wood boiler installed in accordance
with this subsection shall at all times be operated in conformance
with the requirements of Part 6 of the Codes Rules and Regulations
of the State of New York, including but not limited to §§ 247.3
through 247.4, and 247.5 through 247.9 as adopted and amended from
time to time.
(6) Fuels. Only approved fuels may be burned in any outdoor wood boiler.
Seasoned clean wood shall be covered so as to prevent it being burned
in a wet or moist condition. Burning of prohibited fuels shall be
reason for immediate suspension of any conditional use permit and/or
certificate of compliance previously issued with respect to such outdoor
wood boiler.
(7) Preexisting outdoor wood boiler.
(a)
All existing outdoor wood boiler within the Town of Ogden, as regulated pursuant to Subsection
A shall be considered as a preexisting nonconforming structure and use, and may continue to be used, provided that only approved fuels shall be used from and after the date of enactment of this section.
(b)
That such preexisting nonconforming structure and use shall
cease and terminate upon either (a) the removal of the outdoor wood
boiler by the owner, or (b) the violation of the prohibited emissions
standards of this section.
(c)
In order to continue the use of an existing outdoor wood boiler
from and after the date of enactment of this section, the owner of
the tax parcel upon which the existing outdoor wood boiler is installed
shall;
[1]
Have the existing outdoor wood boiler inspected by the Town
Code Enforcement Officer.
[2]
Not later than December 31, 2022 apply for a certificate of
nonconformity.
[3]
Execute an acknowledgement that the owner will thereafter burn
only approved fuels, and will operate such outdoor wood boiler at
all times in compliance with the emission standards established herein.
(8) Prohibited emissions standards.
(a)
No person shall cause or allow emissions of air contaminants
from an outdoor wood boiler to the outdoor atmosphere of a quantity,
characteristic or duration which is injurious to human, plant or animal
life or to property, or which unreasonably interferes with the comfortable
enjoyment of life or property. This prohibition applies, but is not
limited to, the following conditions:
[1]
Activating smoke detectors in neighboring structures;
[2]
Impairing visibility on a public highway; or
[3]
Causing a visible plume migrating from an outdoor wood boiler
and contacting a building on an adjacent property.
(b)
The prohibition further applies to any particulate, fume, gas,
mist, odor, smoke, vapor, toxic or deleterious emission, either alone
or in combination with others, emitted from an outdoor wood boiler
that result in the conditions or circumstances listed in this subsection
notwithstanding the existence of specific air quality standards or
emission limits.
(9) Authority. This section is adopted pursuant to the authority of Article
2, § 10, of the New York State Municipal Home Rule Law.
(10)
Supersession of inconsistent laws, if any. The Town Board hereby
declares its legislative intent to supersede any provision of any
local law, rule or regulation or provision of the law inconsistent
with this section. The provisions of law intended to be superseded
include all the Town Law and any other provision of law that the Town
may supersede pursuant to the Municipal Home Rule Law and the Constitution
of the State of New York. The courts are directed to take notice of
this legislative intent and apply it in the event the Town has failed
to specify any provision of law that may require supersession. The
Town Board hereby declares that it would have enacted this section
and superseded such inconsistent provision had it been apparent.
(11)
When effective. This section shall take effect immediately.
(12)
Enforcement. Violation of these provisions shall be enforced in accordance with the provisions of §
210-20 of the Code of the Town of Ogden.
[Added 9-13-2017 by L.L.
No. 6-2017]
A. Opening protection. Openings from a private garage directly into
a room used for sleeping purposes shall not be permitted. Other openings
between the garage and residence shall be equipped with 3/4 hour fire-protection-rated
assemblies equipped with self-closing devices.
(1) Duct penetration. Ducts in the garage and ducts penetrating the walls
or ceilings separating the dwelling from the garage shall be constructed
of a minimum No. 26 gage (0.48 mm) sheet steel or other approved material
and shall have no openings into the garage.
(2) Other penetrations. Penetrations through the separation required in Subsection
B(2) shall be protected by filling the opening around the penetrating item with approved material to resist the free passage of flame and products of combustion.
B. Carports.
(1) Carports shall be open on not fewer than two sides. Carport floor
surfaces shall be of approved noncombustible material. Carports not
open on two or more sides shall be considered to be a garage and shall
comply with the provision of this section for garages.
(2) Exception. Asphalt surfaces shall be permitted at ground level in
carports. The area of floor used for parking of automobiles or other
vehicles shall be sloped to facilitate the movement of liquids to
a drain or toward the main vehicle entry doorway.
C. Flood hazard areas. For buildings located in flood hazard areas as
established by Table R301.2(1) of the Residential Code, garage floors
shall be:
(1) Elevated to or above the design flood elevation as determined in
accordance with Section R322 of the Residential Code; or
(2) Located below the design floor elevation provided that the floors
are at or above grade on not fewer than one side, are used solely
for parking, building access or storage, meet the requirements of
Section R322 and are otherwise constructed in accordance with this
code.
D. Automatic garage door openers. Automatic garage door openers, if
provided, shall be listed and labeled in accordance with UL 325.
E. Fire sprinklers. Private garages shall be protected by fire sprinklers
where the garage wall has been designed based on Table R302.1(2) of
the Residential Code, footnote a. Sprinklers in garages shall be connected
to an automatic sprinkler system that complies with Section P2904
of the Residential Code. Garage sprinklers shall be residential sprinklers
or quick-response sprinklers, designed to provide a density of 0.05
gpm/ft2. Garage doors shall not be considered
obstructions with respect to sprinkler placement.