The Board of Trustees of the Village of Fort Edward has reviewed
and discussed the potential impacts of outdoor furnaces (also known
as "outdoor wood-burning furnaces," "outdoor boilers" or "outdoor
stoves") within the Village. The Village of Fort Edward is a densely
populated area, with many residential lots being small (less than
one acre), and residential buildings being relatively close to one
another. Outdoor furnaces have the potential to introduce noxious
fumes, odors, smoke, pollutants and other hazardous materials into
the air within the Village of Fort Edward. This has the potential
to cause severe respiratory ailments to people within the Village.
Whereas outdoor furnaces may be appropriate in more rural areas, the
Board of Trustees does not feel that such outdoor furnaces are appropriate
within the densely populated Village territorial limits. Therefore,
in accordance with this chapter, it is the intent and purpose of this
chapter to prohibit the construction, installation and use of outdoor
furnaces within the territorial limits of the Village of Fort Edward
in order to protect the health, safety and welfare of the inhabitants
of the Village of Fort Edward.
As used in this chapter, the following terms shall have the
meanings indicated:
OUTDOOR FURNACE
Any accessory appliance, designed and intended, through the
burning of wood, coal or any other material for the purpose of heating
the principal structure, or any other site, building, or structure
on the premises. This definition shall be deemed to include any appliance
commonly known as an "outdoor wood-burning furnace," "outdoor boiler,"
"outdoor stove" or "outdoor woodstove."
No person shall construct or operate an outdoor furnace within
the Village of Fort Edward.
If any clause, sentence, paragraph, subsection, section, or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subsection, section, or part of this chapter,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.