Village Of Bridgewater: Laws: Outdoor Woodburning Furnaces

VILLAGE OF BRIDGEWATER

VILLAGE BOARD MEETING

10/23/06 7:30 P.M.

A public hearing of the Board of Trustees, Village of Bridgewater, was held on 10/23/06 at 7:30 p.m.

Members present included:

Gary Comstock Mayor

Stephen Fitch Trustee

John Stevens Trustee

Others present included: Steve Roys, Ron Ingber, Kara Haar, Sharon Beigh, Gerald Parry, Codes Enforcement Officer, and Denise Jordan, Clerk/Treasurer.

The purpose of the meeting was to represent a proposed local law regulating the use of outdoor woodburning furnaces. Mayor Comstock stated that due to public comments made at a previous public hearing, the Board of Trustees discussed the issue further and agreed that while they felt that no all village properties would be appropriate properties for outdoor woodburning devices, there were some properties that are large enough lots that could feasibly have a woodburning device without effecting the health and safety of neighboring properties. Therefore, the local law was revised. Mayor Comstock reviewed the new proposed law with the public highlighting changes to the law.

Ron Ingber questioned the clause pertaining to seasonal usage from September 1^st through May 31^st. Mayor Comstock stated that the Board felt that was a compromise required to eliminate nuisances to village residents who typically may have their windows open during the summer months.

Ron Ingber then questioned the 50 feet setback. Board members stood by their decision stating that their initial reasoning behind this requirement was based on what was believed to be the requirement by some insurance companies. Mr. Ingber challenged this however board members insisted that this was a reasonable requirement to protect the safety of residents.

With no further public comments, Mayor Comstock proposed Local Law #1 be adopted. The motion was seconded by John Stevens and put to vote with the following results:

Aye: 3

Naye: 0

Below listed is Local Law #1 of 2006 as adopted:

VILLAGE OF BRIDGEWATER

LOCAL LAW # 1 OF THE YEAR 2006

A LOCAL LAW ESTABLISHING GUIDELINES FOR THE USE OF OUTDOOR WOODBURNING FURNACES WITHIN THE VILLAGE OF BRIDGEWATER, NEW YORK

Be it enacted by the Board of Trustees, Village of Bridgewater, as follows:

SECTION 1. TITLE AND AUTHORITY

This local law shall be known as the “Village of Bridgewater Outdoor Wood Burning Furnace Local Law”. It is adopted pursuant to the authority of Article 2 and 3 of Municipal Home Rule Law.

SECTION 2. PURPOSE

Although outdoor wood burning 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 local law is intended to ensure that outdoor wood-burning furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety, and general welfare of village residents.

SECTION 3. DEFINITIONS

As used in this local law, the following terms shall have the meanings as indicated:

Untreated Lumber – 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.

Front Lot Line – The street or road right-of-way line. If a lot adjoins two (2) or more streets or roads, it shall be deemed to have a front lot line respectively on each.

Outdoor Wood-burning Furnace – Any equipment, device or apparatus which is installed, affixed or situated outdoors for primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing a heat to a principal structure or any other site structure on the premises.

SECTION 4. EXISTING OUTDOOR WOOD-BURNING FURNACES.

Any outdoor wood-burning furnace in existence on the effective date of this local law shall be permitted to remain, provided that the owner applies for and receives a permit from the zoning officer within 60 days of such effective date. If the owner of an existing outdoor furnace does not receive a permit within 60 days of the effective date of this local law, the outdoor furnace shall be removed.

SECTION 5. SPECIFIC REQUIREMENTS

All outdoor wood-burning furnaces shall comply with the following rules and regulations:

Installation – All outdoor wood-burning furnaces shall be installed, operated and maintained per the manufacturer’s instructions.

Permitted Fuel – Only firewood and untreated lumber or fuels approved by the wood burning furnace manufacturer such as corn, wood pellets, coal, etc. are permitted to be burned in any outdoor wood-burning furnace. Burning of any and all other materials is prohibited. No outdoor wood-burning furnace shall be utilized as a waste incinerator.

Chimney Height – The chimney height shall be of sufficient height to direct any smoke away from any neighboring residents. If, in the judgment of the Codes Enforcer, no chimney height of the outdoor wood-burning furnace will direct the smoke away from the neighboring properties, the outdoor furnace shall be removed.

Replacements or New Installations – If an outdoor wood-burning furnace in existence at the effective date of this local law is replaced or upgraded, a permit shall be required and shall comply with all sections of this local law.

Any new installation of an outdoor woodburning furnace shall comply with all sections of this local law. The set back of any replacement shall not be

closer to the neighboring property line than the original setback.

Minimum Required Setbacks shall be as below listed:

a. From the Front Lot Line – No Closer than the structure being heated.

b. From the Side and Rear Lot Lines – 100’ (One Hundred Feet)

c. From the Structure Being Heated – 50’ (Fifty Feet)

Outdoor woodburning furnaces shall be operated only between September 1^st and May 31^st.

SECTION 6. VIOLATIONS AND PENALTIES

Any person who shall violate any provision of this local law shall be guilty of a violation as defined in Article 10 of the Penal Law and shall upon conviction be subject to a fine of not more than $250 (Two hundred fifty dollars) or to imprisonment for not more than 15 days or both such fine and imprisonment. Each week’s continued violation shall constitute a separate and distinct offense.

SECTION 7. CIVIL PROCEEDINGS

Compliance with this law may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction. Any person who violated any provision of this law shall also be subject to a civil penalty of not more than five hundred dollars, to be recovered by the Village of Bridgewater in a civil action and each week’s continued violation shall be for this purpose a separate and distinct violation. In the event the Village of Bridgewater is required to take legal action to enforce this local law, the violator will be responsible for any and all necessary costs relative thereto, including attorney’s fees, removal costs, and such expense shall be charged to the property so affected by including such expense in the next annual tax levy against the property.

SECTION 8. SEVERABILITY

The provisions of this local law are severable and the invalidity of a particular provision shall not invalidate any other provision.

SECTION 9. EFFECTIVE DATE

This law shall be effective upon filing with the Secretary of the State.

The public hearing was closed at 8:05 p.m.

DISCUSSIONS:

Water Project: Mayor Comstock reported that Continental Placer, Inc. called and recommended that a test well be drilled at the old Bridgewater Dog Food site. The temporary test revealed promising results. Board members were in agreement that a test well should be drilled at this site.

Computer: Mayor Comstock reported that he received an estimate to fix up the old computer that Mayor Comstock had been using and making it workable for Codes Enforcer Gerry Parry. Gary Comstock advised that he had taken the computer to Best Buy and received a price quote of $299 to remove viruses and spyware that had reportedly caused the machine to be inefficient. In addition, Mayor Comstock recommended that anti-virus/spyware software be purchashed for the Mayor’s new and Clerk’s computers. Board members agreed to these expenditures.

Road Condition: Mayor Comstock reported that he received a phone complaint regarding a pot hole on Cottage Street. Jerry Parry advised that he will send the Town Highway Superintendent to inspect and request to have it patched.

Tree Removal: Mayor Comstock advised that a tree on Cottage Street was dead within the village right of way. Mayor Comstock received an estimate from Central New York Tree Experts in the amount of $1875.00 to remove two trees and grind the stumps. Board members agreed to the expenditure providing that the company could provide a current Certificate of Insurance.

Stephen Fitch made a motion, seconded by John Stevens and approved by all board members, to close the meeting at 9:20 p.m.

Respectfully submitted,

Denise Jordan, Clerk

Outdoor Woodburning Furnaces - 2006