LL 04 " Outdoor Furnace" Local Law Filing L1Zg NEW YORrSTATE DEPARTMENT of STATE
41 STATE ST1ZEE-l;ALBANY,NY IWI
(Use this form to file a local law with the Secretary of Stater)
lbxt of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town.
--------------------
Local Law No.__---4--------------------------- of the year 20-04:-
A local law--ttor replace Chapter 119 entitled_Outdoor =1, With A_neX_
Chapter 119_Recrulati.ng�Use.Qt_ coor anacea
the Town of Queensbury
----------------------------------------------------�__-- -------------�_._--____.__---__--_ i
Be it enacted-by the ___ Town BQArd---------------------------- ----------------- -_ of the
CW of___Queensbury____=____
lbwn -----------_------------------ _ as follows:
. ------------------------
1. Title and Authority - This Local Law shall be known as the Town of
Queensbury Outdoor Furnace Local Law. It is adopted pursuant to Municipal Home Rule Law
§10.
2. Legislative Intent — 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 Local Law 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.
3. Definitions - "Outdoor Furnace" means 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.
"Untreated Lumber"means dry wood which has been milled and dried but which has not
been treated or combined with any petroldum product, chemical, preservative, glue, adhesive,
stain,paint or other substance.
(if additional space is needed,attach pages the same size as this sheet,and number each.)
"Firewood" means trunks and branches of trees and bushes but does not include leaves,
needles, vines or brush smaller than three inches(Y) in diameter.
4. Permit Required - No person shall cause, allow or maintain the use of an
Outdoor Furnace within the Town of Queensbury without first having obtained a permit from the
Town Fire Marshal. Application for permit shall be made to the Fire Marshal on the forms
provided.
5. Existing Outdoor Furnaces—Any Outdoor 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 Town Fire Marshal within one (1) year of such effective date;
provided, however, that upon the effective date of this Local Law all the provisions hereof
except paragraphs 6(B), (C) and (D) shall immediately apply to existing Outdoor Furnaces. All
of the provisions of this Local Law shall continue to apply to existing Outdoor Furnaces which
receive permits except paragraphs 6(B), (C) and (D). If the owner of an existing Outdoor
Furnace does not receive a permit within one (1)year of the effective date of this Local Law, the
Outdoor Furnace shall be removed. "Existing"or"in existence"means that the Outdoor Furnace
is in place on the site.
6. Specific Requirements—
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.
B. Permitted Zones — Outdoor Furnaces shall be permitted only in the LC-10A, LC-
42A, RR-3A and RR-5A zoning districts as shown on the Town's Zoning Map.
C. Minimum Lot Size—Outdoor Furnaces shall be permitted only on lots of three (3)
acres or more.
D. Setbacks — Outdoor Furnaces shall be set back not less than 200 feet (200') from
the nearest lot line.
E. Months of Operation — Outdoor Furnaces shall be operated only between
September 1" and May 31S`
F. Spark Arrestors — All Outdoor Furnaces shall be equipped with properly
functioning spark arrestors.
7. Suspension of Permit — A permit issued pursuant to this Local Law may be
suspended as the Fire Marshal may determine to be necessary to protect the public health, safety
and welfare of the residents of the Town of Queensbury if any of the following conditions
occurs:
(2)
A. Emissions from the Outdoor Furnace exhibit greater than 20 percent (20%)
opacity (six minute average), except for one continuous six-minute period per hour of not more
than 27 percent(27%)opacity,which shall be determined as provided in 6 NYCRR 227-1.3(b);
B. Malodorous air contaminants from the Outdoor Furnace are detectable outside the
property of the person on whose land the Outdoor Furnace is located;
C. The emissions from the Outdoor Furnace interfere with the reasonable enjoyment
of life or property;
D. The emissions from the Outdoor Furnace cause damage to vegetation or property;
or
F
E. The emissions from the Outdoor Furnace are or may be harmful to human or t
t
animal health.
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 Local Law subject to the penalties provided in paragraph 9 hereof.
8. Waivers; Board of Health Ratification -Where the Town Board of Health finds
that extraordinary and unnecessary hardships may result from strict compliance with this Local
Law, 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 Local Law or of jeopardizing the health, safety or welfare of the public. In varying any
regulations, the Board of Health may impose such conditions and requirements as it deems
reasonable and prudent. The Board of Health may, at its discretion, hold a public hearing as part
of its review. If the Board of Health grants the waiver, a permit shall be issued for the Outdoor
Furnace. If the Board of Health denies the waiver, the Outdoor Furnace must either be brought
into compliance with this Local Law or removed. If the Board of Health does not take any
action with respect to the waiver within sixty (60) days from its receipt of an application for
waiver, the waiver shall be deemed denied.
9. Enforcement; Revocation of Permit — Failure to comply with any of the
provisions of this Local Law 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 ten
(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 thirty (30) days, or both. In
addition, any permit issued pursuant to this Local Law 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 Local Law.
Any fine imposed hereunder shall constitute a lien upon the real property where the Outdoor
Furnace is located until paid.
(3)
10. Effect of Other Regulations—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, Adirondack Park Agency, Lake George Park Commission or any other federal,
state, regional or local agency. 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. In case of a conflict between any provision of this
Local Law and any applicable Federal, State or local ordinances, codes, laws, rules or
regulations, the more restrictive or stringent provision or requirement shall prevail.
11. Severability - The invalidity of any clause, sentence, paragraph or provision of
this Local Law shall not invalidate any other clause, sentence,paragraph or part thereof.
12. Repealer - All Local Laws or ordinances or parts of Local Laws or ordinances in
conflict with any part of this Local law are hereby repealed.
13. Effective Date - This Local Law shall take effect upon filing in the office of the
New York State Secretary of State or as otherwise provided by law.
(4)
1
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local legislative body only)
iereby certify that the local law annexed hereto,designated as local law No. ------_4---_---_---------..__--- of 20Q4__
the -�� )(Town)(MM"of--JZI ENSEMY---------------------------------------------- was duly passed by the
_TI�_._---w----------_------ on-_--LAX--�Z+-- 20_Q4,in accordance with the applicable provisions of law.
.c OfUsUea.K Mary)
(Passage by local legislative body with approval,no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
hereby certify that the local law annexed hereto,designated as local law No. of 20___
the(County)(City)(Town)(Village)of---------------------------------------------__------ -.---_ was duly passed by the
----__--------------------------------_--_-- on------------------ 20 --=,and was(approvedxnot approved)(repassed after.
mc qfLeaisladw Boat')
isapproval)by the----------------------------_------------------- and was deemed duly adopted on ------------_----- 20—,
i accordance with the applicable provisions of law.
(Final adoption by referendum.)
hereby certify that the local law annexed hereto,designated as local law No. -------------------------M. of 20------
f the(CountyxCity)(Town)(vllage)of---------------------------—-------------------------_---- was duly passed by the
.------------------------------------------------- on--------------- 20----,and was(approved)(not approvedxrepassed after
I—ofLeOzosiv-Bay)
isapproval)by the----------------------------------------------- on------------------- 20----. Such local law was submitted
(Ek--CWEar-ooica•)
the people by reason of a (mandatory)(permissive)referendum,and received the affirmative vote of a majority of
he qualified electors voting thereon at the(generalxspecialxannual)election held on------------------ 201__ ,in
ccordance with the applicable provisions of law. -
I. (Subject to permissive referendum and final adoption because no valid petition was filed requesting.
referendum.)
hereby certify that the local law annexed hereto,designated as local law No. --_-------—__—--------_____ of 20___
,f the(County)(City)(Town)(Village)of------—-------------------------------------------------------- was duly passed by the
-------------------------------------------------- on------------------ 20---,and was(approved)(not approved)(repassed after
rf—of Ls;Wad-Body)
iisapproval)by the------------------------------------------------- on---------------- 20--- . Such local law was subject to
Wt a-Chi off)
)ermissive referendum and no valid petition requesting such referendum-was filed as of-_----------___ 20.-_ ,in
accordance with the applicable provisions of law.
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or vinam or-
the supervisor of a town where such officer is vested with the power to approveor veto local laws or ordinances.-
ti. 9" Y• ;
(City local law concerning Charter revision proposed by petition.)
iereby certify that the local law annexed hereto,designated as local law No. of 20----_
•the City of---------------------------------------------having been submitted to referendum pursuant to the provisions of
ction(36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the
talified electors of such city voting thereon at the(special)(general)election held on------------------20----,
:came operative.
(County local law concerning adoption of Charter.)
hereby certify that the local law annexed hereto,designated as local law No. __ _ _ - of 20_—
E the County of-_------------- -------------------___M__ State of New York,having been submitted to the ekdons
the General Election of November--- ------20----,pursuant to subdivisions 5 and 7 of section 33 of the
innicipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cit
s of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
sting at said general election,became operative.
f any other authorized form of final adoption has been followed,please provide an appropriate certification)
further certify that I have compared the preceding local law with the original on file in this office and that the same
a correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner in-
icated in paragraph-----l------,above.
Clerk of the County le wafiw body,City,Tows or Village Qett
or off m designated by I"le&Wm body
(Seal) Date; MAY 18, 2004 -
Certification to be executed by County Attorney,Corporation Counsel,lbwn Attorney,Village Attorney or
ither authorized attorney of locality.)
TATE OF NEW YOB
7DUN1Y OF
the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings
lave been had or taken for the enactment of the local law annexed hereto.
skuhm CATHI L. RADNER -
Town Counsel
Tale
' 4 '
of Queensbury
Town -
vow
Date: S " ! g " -2-0 0 /
12/20/2004 MON 14:51 FAX 745 4474 TOWN OF QUEENSBURY CLERK 0 001
a�*�x TX REPORT
TRANSMISSION OK
TX/RX NO 0171
CONNECTION TEL 94736818
SUB-ADDRESS
CONNECTION ID
ST. TIME 12/20 14:50
USAGE T 01'04
PGS. 7
RESULT OK
FAQ Tpz)wsmMAL SHEET
Towle of QUEENSBURY
TOWN CLERKIRECEIVER. OF TAXES
742 BAY ROAD, QUEEVSBURY, N.Y. 12804
PHONE MDOER 518 761-8234 �
FAX NLIIOER 518 745-4474
SENT BY: TOWN CLERaK ,&
RECEIVER OF 'FAXES
DATE: tc--�/ 004
DELIVER
` V r Vie,
TO: I t
Tt I TT _lLTTY's .r_nT'n_
FAX TRANSMITTAL SHEET
TOWN OF QUEENSBURY
TOWN CLERIIIRECEIVER OF TAXES
742 BAY ROAD, QUEENSBURY, N.Y. 12804
PHONE NUMBER 518 761-8234
t
FAX NUMBER 518 745-4474
SENT BY: TOWN CLERK �C
RECEIVER OF TAXES
DATE: t,P/nrC/Z004
DELIVER E \/ (,
TO.
FAX NUMBER.
41 � - � �'1
TOTAL PAGES
COMMENTS:
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QUE'E'NSBURY
. ...TOW CLER �7TATE OF NEW YORK
-.
ZpOp J' � DEPARTMENTSTAE SOTREETTATE
t! 1 U1�1 �� �ANNY 1 223 1-000 1
GEORGE E. PATAKI June 3, 2004 RANDY A. DANIELS
GOVERNOR SECRETARY OF STATE
Darleen M Dougher, Town Clerk
Town of Queensbury
Town Office Bldg., 742 Bay Rd
Queensbury, NY 12804
RE: Town of Queensbury, Local Law 3 & 4, 2004, filed on 5/19/2004
To Whom It May Concern:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
LL:cb
WWW DOS.STATE.NY.US • E-MAIL: INF09130S.STATE.NY US
RECYCLED-ER
t
General Code Publishers
72 Hinchey Road
Rochester, NY 14624
Phone:800/836-8834 Fax:585/328-8189
Email:sales@generalcode.com
05/21/2004 #207101
Ms. Darleen M. Dougher:
The following material has been received and will be processed for
inclusion in your Code as supplemental pages (where applicable):
Local Law Nos. 3-2004 and 4-2004; Res. No. 271.
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
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