[HISTORY: Adopted by the Board of Trustees of the Village of South
Glens Falls as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-3-2003 by L.L. No. 5-2003]
A.
Residences and commercial establishments situated within
the municipality are entitled to clean air and environmental circumstances
free of unreasonable dust, obnoxious odors, noxious fumes and smells, as well
as an environment free of stored debris and storage of combustible fuels in
adjacent or exposed exterior areas within densely populated areas.
B.
This regulation shall provide for the requirements and
limitations of the installation of any exterior furnace or exterior burning
device, the primary purpose of which is to convert combustible fuel into a
heat or energy source for interior spaces.
As used in this article, the following terms shall have the meanings
indicated:
Any device, contrivance or apparatus or any part thereof which is
installed, affixed or situated out-of-doors for the primary purpose of the
combustion of fuel from which heat or energy is derived and intended to be
directed there from by conduit or other mechanism into any interior space
for the supply of heat or energy.
Any contrivance, apparatus or part thereof, including a boiler, fire
box, exchanger, grate, fuel gun, fuel nozzle, chimney, smoke pipe, exhaust
conduit and like devices used for the burning of combustible fuels for the
creation of heat or energy from an exterior location into an interior location.
A.
No exterior furnace or furnace device, exterior shall
be situated in any exterior location for the purpose of the combustion of
any fuel for the creation of heat or energy into any interior space and no
such system or component part thereof shall be permitted to be operated in
any zone within the municipality except the M-1 Industrial Zone.
B.
Standards for the installation of any exterior furnace
or furnace device, exterior, in addition to any manufacturer's recommended
installation requirements, shall also require the following:
(1)
Installation upon a nominal six-inch thick permanent,
reinforced cement pad in such dimension so as to allow a minimum of six inches
of exposed surface area along the perimeter of the pad.
(2)
Installation of a smokestack to a minimum height exceeding
four feet in elevation and higher than any adjacent structure, building or
wall that is within 50 feet of the location of the exterior furnace. The location
of the exterior furnace must comply with all setback regulations from all
property lines and comply with all separation distances from other structures
on the premises as may be imposed by the Zoning Code of the Village of South
Glens Falls[1] and the Building Code of the State of New York.
(3)
Installation of any electrical or plumbing apparatus
or device used in connection with the operation of an exterior furnace shall
be in conformity with all applicable electrical and plumbing codes and, in
the absence of such code, in conformity with the manufacturer's installation
specifications.
(4)
Any exterior furnace or furnace device, exterior, installation
abutting premises in residential use shall maintain a setback greater than
200 feet distant from the residential use property line.
C.
Fuel substances permitted for combustion in an exterior
furnace installation shall be limited to the following:
(1)
Natural gas, propane, home heating oil, coal and wood.
D.
Fuel substances prohibited for combustion in an exterior
furnace installation shall include the following:
(1)
Industrial waste, rubber, plastic, used motor oil, toxic
chemicals, contaminated waste, yard waste, household garbage, cardboard and
wastepaper, animal waste and any material prohibited for combustion by federal
or state statute.
E.
No exterior furnace shall be utilized in any manner as
a waste incinerator.
To the fullest extent required by federal or state statutes, rules,
regulations and in accordance with the manufacturer's specifications,
the installation, maintenance and use of any exterior furnace or furnace device,
exterior, as herein defined, shall be installed, maintained and generated
in conformity therewith.
This chapter shall in no way be construed nor is the same intended to
prohibit the installation, operation or use of exterior chimneys, stove pipes
or similar contrivances that are otherwise in conformity with other federal
or state laws, rules or regulations constituting any part of any interior
furnace system or interior stove system or operation, or any system that provides
the exhaust of waste heat, smoke or similar substances from interior spaces.
A.
Any person or entity illegally installing, maintaining
or operating a device or apparatus regulated by this chapter shall, upon being
found guilty of such offense, be liable for a monetary fine not to exceed
$500, and, in addition thereto, the imposition of a fifteen-day sentence of
incarceration, or both.
B.
Any person or entity found in violation of the provisions
of this article shall, in addition to any fine or imprisonment imposed, be
liable to the municipality for any costs of any civil proceedings that may
be brought by the municipality against the offender with respect to removal
of the conditions of violation thereof, plus actual disbursements and reasonable
attorneys fees incurred by the municipality in such action.
In the event that any individual section or provision within this article
shall be found invalid, the invalidity shall pertain only to the specific
section, and all other aspects of this article shall remain in full force
and effect.
