[HISTORY: Adopted by the Clarkson Town Board 5-22-2007
by L.L. No. 4-2007. Amendments noted where applicable.]
Although outdoor 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 furnaces are utilized in a manner that
does not create a nuisance and is not detrimental to the health, safety and
general welfare of the residents of the Town.
As used in this chapter, the following terms shall have the meanings
indicated:
Trunks and branches of trees and bushes, but does not include leaves,
needles, vines or brush smaller than three inches in diameter.
Any equipment, device or apparatus, 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.
Dry wood which has been milled and dried but which has not been treated
or combined with any petroleum product, chemical, preservative, glue, adhesive,
stain, paint or other substance.
No person shall cause, allow or maintain the use of an outdoor furnace
within the Town of Clarkson without first having obtained a permit from the
Town Building Inspector. Application for permit shall be made to the Building
Inspector on the forms provided.
Any outdoor 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 Town Building Inspector within one year of such effective date; provided, however, that upon the effective date of this chapter all the provisions hereof, except § 81-6B, C and D, shall immediately apply to existing outdoor furnaces. All of the provisions of this chapter shall continue to apply to existing outdoor furnaces which receive permits except § 81-6B, C and D. 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. "Existing" or "in existence" means that the outdoor furnace is in place on the site and in operating condition.
A.
Permitted fuel. Only firewood and untreated lumber are
permitted to be burned in any outdoor furnace. Burning of any and all other
materials in an outdoor furnace is prohibited.
C.
Minimum lot size. Outdoor furnaces shall be permitted
only on lots of four acres or more.
D.
Setbacks. Outdoor furnaces shall be set back not less
than 200 feet from the nearest lot line.
E.
Months of operation. Outdoor furnaces shall be operated
only between September 1 and May 31.
F.
Spark arrestors. All outdoor furnaces shall be equipped
with properly functioning spark arrestors.
A.
A permit issued pursuant to this chapter may be suspended
as the Building Inspector may determine to be necessary to protect the public
health, safety and welfare of the residents of the Town of Clarkson if any
of the following conditions occur:
(1)
Emissions from the outdoor furnace exhibit greater than
20% opacity (six-minute average), except for one continuous six-minute period
per hour of not more than 27% opacity, which shall be determined as provided
in 6 NYCRR 227-1.3(b);
(2)
Malodorous air contaminants from the outdoor furnace
are detectable outside the property of the person on whose land the outdoor
furnace is located;
(3)
The emissions from the outdoor furnace interfere with
the reasonable enjoyment of life or property;
(4)
The emissions from the outdoor furnace cause damage to
vegetation or property; or
(5)
The emissions from the outdoor furnace are or may be
harmful to human or animal health.
B.
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this chapter subject to the penalties provided in § 81-9 hereof.
Where the Zoning Board of Appeals finds that extraordinary and unnecessary
hardships may result from strict compliance with this chapter, it may vary
the regulations so that substantial justice may be done and the public interest
secured, provided that such variations will not have the effect of nullifying
the intent and purpose of this chapter or of jeopardizing the health, safety
or welfare of the public. In varying any regulations, the applicable Town
Board may impose such conditions and requirements as it deems reasonable and
prudent. The applicable Town Board may, at its discretion, hold a public hearing
as part of its review. If the applicable Town Board grants the waiver, a permit
shall be issued for the outdoor furnace. If the applicable Town Board denies
the waiver, the outdoor furnace must either be brought into compliance with
this chapter or removed. If the applicable Town Board does not take any action
with respect to the waiver within 60 days from its receipt of an application
for waiver, the waiver shall be deemed denied.
Failure to comply with any of the provisions of this chapter shall be
a violation and, upon conviction thereof, shall be punishable by a fine of
not more than $500 or imprisonment for a period of not more than 10 days,
or both, for the first offense. Any subsequent offense shall be punishable
by a fine of not more than $1,000 or imprisonment for a period of not more
than 30 days, or both. In addition, any permit issued pursuant to this chapter
shall be revoked upon conviction of a second offense and the subject outdoor
furnace shall not be eligible for another permit. Each day that a violation
occurs shall constitute a separate offense. The owners of premises upon which
prohibited acts occur shall be jointly and severally liable for violations
of this chapter. Any fine imposed hereunder shall constitute a lien upon the
real property where the outdoor furnace is located until paid.
A.
Outdoor furnaces, and any electrical, plumbing or other
apparatus or device used in connection with an outdoor furnace, shall be installed,
operated and maintained in conformity with the manufacturer's specifications
and any and all local, state and federal codes, laws, rules and regulations.
B.
Nothing contained herein shall authorize or allow burning
which is prohibited by codes, laws, rules or regulations promulgated by the
United States Environmental Protection Agency, New York State Department of
Environmental Conservation or any other federal, state, regional or local
agency. In case of a conflict between any provision of this chapter and any
applicable federal, state or local ordinances, codes, laws, rules or regulations,
the more restrictive or stringent provision or requirement shall prevail.
