[HISTORY: Adopted by the Board of Trustees of the Village
of Mount Morris 4-23-2008 by L.L. No. 1-2008. Amendments noted where
applicable.]
It is generally recognized that the types of fuel used and the
scale and duration of burning by outdoor woodburning furnaces create
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,
with the adoption of this chapter, it is the intention of the Village
of Mount Morris Board of Trustees to establish and impose restrictions
upon the construction and operation of outdoor woodburning furnaces
within the limits of the Village for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare and prosperity
of the Village and its inhabitants.
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 untreated lumber or firewood 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.
The installation and operation of outdoor woodburning furnaces
are hereby prohibited within the Village of Mount Morris.
A.
This chapter is adopted pursuant to the authority of Article 2, § 10,
of the New York State Municipal Home Rule Law, and Article 4, § 4-412,
of the New York State Village Law.
B.
The Village of Mount Morris Code Enforcement Officer, or any other
person who may hereafter be designated by resolution of the Village
of Mount Morris Board of Trustees, is hereby authorized in the name
and on behalf of the Village of Mount Morris to undertake and prosecute
any proceedings necessary or appropriate to enforce compliance with
this chapter.
A.
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 Village of Mount Morris
Code Enforcement Officer within one year of such effective date; provided,
however, that upon the effective date of this chapter all the specific
requirements hereof immediately apply to existing outdoor woodburning
furnaces. If the owner of an existing outdoor woodburning furnace
does not receive a permit within one year of the effective date of
this chapter, the outdoor woodburning furnace shall be removed. "Existing"
or "in existence" means that the outdoor woodburning furnace is in
place on the site.
B.
Specific requirements.
(1)
Permitted fuel. Only firewood and untreated lumber are permitted
to be burned in any outdoor woodburning furnace. Burning of any and
all other materials in an outdoor woodburning furnace is prohibited.
(2)
Months of operation. Outdoor woodburning furnaces shall be operated
only between September 1 and May 31.
(3)
Spark arrestors. All outdoor woodburning furnaces shall be equipped
with properly functioning spark arrestors.
C.
A permit issued pursuant to this chapter may be suspended as the
Village of Mount Morris Code Enforcement Officer may determine to
be necessary to protect the public health, safety and welfare of the
residents of the Village of Mount Morris if any of the following conditions
occurs:
(1)
Emissions from the outdoor woodburning 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 woodburning furnace
are detectable outside the property of the person on whose land the
outdoor woodburning furnace is located;
(3)
The emissions from the outdoor woodburning furnace interfere with
the reasonable enjoyment of life or property;
(4)
The emissions from the outdoor woodburning furnace cause damage to
vegetation or property; or
(5)
The emissions from the outdoor woodburning furnace are or may be
harmful to human or animal health.
D.
Suspended permits 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 § 154-6, Penalties for offenses.
E.
No outdoor woodburning furnace existing at the time of the adoption of this chapter shall thereafter be extended, enlarged or replaced, if there is a cessation of use. (Refer to Chapter 232, Zoning, § 232-37.) Any existing outdoor woodburning furnace where there is a cessation of use must be removed from the subject premises by the property owner. If the property owner fails to remove the outdoor woodburning furnace, the Village of Mount Morris Code Enforcement Officer shall give written notice, by certified mail or personal service, to the owner of the property upon which the outdoor woodburning furnace is located. Such notice shall provide that said owner shall remove the outdoor woodburning furnace within 15 days of the date the notice is either postmarked or personally served upon the owner. Should the outdoor woodburning furnace not be removed within the time specified, the Code Enforcement Officer shall take reasonable steps to effect its removal.
A.
Any person who shall violate any provisions of this chapter shall
be guilty of a violation as defined in Article 10 of the New York
State Penal Law and shall, upon conviction, be punishable by a fine
of not less than $250 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 less than $500 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 woodburning furnace shall
not be eligible for another permit. Each week 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 woodburning furnace is located
until paid.
B.
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 less than $500, to be recovered
by the Village in a civil action. Each week's continued violation
shall be, for this purpose, a separate and distinct violation.
The costs incurred by the Village to effect said removal (including
any attorneys' fees incurred by the Village to effect the removal),
plus an amount equal to 50% of said costs of removal, shall be charged
to the owner of said premises. Said expense shall be paid by the owner
of the property so affected within 30 days from the date said costs
are presented to the owner. If said expense is not paid within said
thirty-day time frame, then said expense shall be charged to the property
so affected, including such expense incurred by the Village of Mount
Morris in connection with the proceedings of this chapter, and shall
be assessed against the land on which the expense occurred and shall
be levied and collected in the same manner as provided in Article
22 of the Village Law for the levy and collection of a special ad
valorem levy.
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, any other federal, state,
or local agency. Outdoor woodburning furnaces, and any electrical,
plumbing or other apparatus or device used in connection with an outdoor
woodburning 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. 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.
A.
Any person aggrieved by an action of the Village Code Enforcement
Officer under the provisions of this chapter may, within 10 working
days of receipt of written notice of such action, appeal such action
to the Village Board of Trustees by filing a notice of appeal with
the Village Clerk.
B.
Within 30 working days of the filing of the notice of appeal, the
Village Board of Trustees shall conduct a hearing, at which time an
opportunity to be heard shall be given to the person aggrieved. The
Code Enforcement Officer shall forthwith transmit to the Village Board
of Trustees all the papers constituting the record upon which the
action appealed from was taken. The hearing shall be open to the public,
and records and minutes shall be maintained by the Board.
C.
Unless otherwise provided by Board rules or regulations, the Board
shall by order, within 15 working days after such hearing, either
reverse, modify or affirm the action appealed and shall issue its
findings, opinions and orders in writing and provide a copy thereof
to the parties involved.
Upon the filing of an application before the Village Board of
Trustees, the following action shall be taken preparatory to holding
a hearing thereon:
A.
Notice of the hearing shall be advertised at least once in the official
newspaper of the Village of Mount Morris, and such advertisement shall
be made at least 10 days prior to such hearings.
B.
Property upon which the application or appeal is concerned shall
be posted conspicuously by a zoning notice, no less than 22 inches
by 28 inches in size at least 10 days before the date of the hearing.
At the hearing, any party may appear and be heard in person
or by agent or attorney.
A filing fee shall accompany each application for an appeal
to the Village Board of Trustees, as may be established by the Mayor
and Village Board by resolution from time to time.
