The Citizen
The village of Fair Haven is weighing possible restrictions on wind energy and outdoor furnaces.
“We had several comments from residents,” Mayor William McVea said of wind tower construction. “We didn't restrict people from doing it, but we decided we should have some regulation.”
With that in mind, the village proposed Local Law No. 3 of 2008, regulating wind energy conversion systems. While the law was proposed, it hasn't been enacted yet, as the village attorney, Graham Sieter, is reviewing it. The mayor said he expected the law to be addressed soon, if not at a special meeting, then possibly at the village's Dec. 8 board meeting.
“Somebody did talk about putting a windmill out at the end of his dock sitting out into the bay,” McVea said, noting the neighbors might not appreciate it.
The village is limiting the height of any windmill tower to 60 feet and is also using the town ordinance as a model and requiring fencing around towers.
The village is also looking into a separate local law regarding outdoor furnaces. The village board is not prohibiting these furnaces, but homeowners with outdoor furnaces will be required to obtain permits that can be suspended if emissions create a certain amount of smog; if bad smells are noticeable outside the owner's property; if emissions interfere with reasonable enjoyment of life or property, cause damage to vegetation or property, or are harmful to health.
The board enacted Local Law No. 4 to address concerns regarding safety and environmental health effects of uncontrolled emissions from outdoor furnaces. Certain areas of the village are not suited to outdoor furnaces.
The law reads: “No person shall cause, allow or maintain the use of an outdoor furnace within the Village of Fair Haven without first obtaining site plan approval from the Village and a permit from the Village of Fair Haven Code Enforcement Officer. Existing outdoor furnaces are subject to all regulations established by the new law.” Violations can result in a $500 fine for a first offense and up to $1,000 for multiple offenses, with imprisonment for 15 to 30 days or both.
Only coal, firewood and untreated lumber are allowed to be burned, and the furnace has to have a spark arrestor.
Furnaces must be set back at least 50 feet from any property line, and they must be positioned to have the least effect from stack emissions on the fewest number of residences down wind. No lighter fluids, gasoline or chemicals are allowed to start the furnace.
The manufacturer's minimum stack height must be followed. Stacks located more than 50 feet but not more than 150 feet from any residence not served by the furnace must be at least 75 percent plus five feet of the eve line of that residence. In those more than 150 feet but less than 300 feet from any residence not served by the furnace, the stack must be at least 50 percent plus five feet of the height of the eve line.
McVey said outdoor furnaces are different from interior wood stoves because of the height of the stack, which is often 8 or 10 feet.
“A wood stove chimney is above the roof line, but a low furnace stack blows in your neighbor's window,” he said. He noted that outdoor furnaces are often used year-round for domestic hot water.
Those with outdoor furnace permits agree to allow the code enforcement officer to inspect the furnace if a written complaint is filed.
“We don't want to prohibit things, but reasonable controls are needed in a village where everyone is living in proximity,” McVey said.
Both windmill and furnace laws will be filed with the state once the windmill law is passed.
Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net
“We had several comments from residents,” Mayor William McVea said of wind tower construction. “We didn't restrict people from doing it, but we decided we should have some regulation.”
With that in mind, the village proposed Local Law No. 3 of 2008, regulating wind energy conversion systems. While the law was proposed, it hasn't been enacted yet, as the village attorney, Graham Sieter, is reviewing it. The mayor said he expected the law to be addressed soon, if not at a special meeting, then possibly at the village's Dec. 8 board meeting.
“Somebody did talk about putting a windmill out at the end of his dock sitting out into the bay,” McVea said, noting the neighbors might not appreciate it.
The village is limiting the height of any windmill tower to 60 feet and is also using the town ordinance as a model and requiring fencing around towers.
The village is also looking into a separate local law regarding outdoor furnaces. The village board is not prohibiting these furnaces, but homeowners with outdoor furnaces will be required to obtain permits that can be suspended if emissions create a certain amount of smog; if bad smells are noticeable outside the owner's property; if emissions interfere with reasonable enjoyment of life or property, cause damage to vegetation or property, or are harmful to health.
The board enacted Local Law No. 4 to address concerns regarding safety and environmental health effects of uncontrolled emissions from outdoor furnaces. Certain areas of the village are not suited to outdoor furnaces.
The law reads: “No person shall cause, allow or maintain the use of an outdoor furnace within the Village of Fair Haven without first obtaining site plan approval from the Village and a permit from the Village of Fair Haven Code Enforcement Officer. Existing outdoor furnaces are subject to all regulations established by the new law.” Violations can result in a $500 fine for a first offense and up to $1,000 for multiple offenses, with imprisonment for 15 to 30 days or both.
Only coal, firewood and untreated lumber are allowed to be burned, and the furnace has to have a spark arrestor.
Furnaces must be set back at least 50 feet from any property line, and they must be positioned to have the least effect from stack emissions on the fewest number of residences down wind. No lighter fluids, gasoline or chemicals are allowed to start the furnace.
The manufacturer's minimum stack height must be followed. Stacks located more than 50 feet but not more than 150 feet from any residence not served by the furnace must be at least 75 percent plus five feet of the eve line of that residence. In those more than 150 feet but less than 300 feet from any residence not served by the furnace, the stack must be at least 50 percent plus five feet of the height of the eve line.
McVey said outdoor furnaces are different from interior wood stoves because of the height of the stack, which is often 8 or 10 feet.
“A wood stove chimney is above the roof line, but a low furnace stack blows in your neighbor's window,” he said. He noted that outdoor furnaces are often used year-round for domestic hot water.
Those with outdoor furnace permits agree to allow the code enforcement officer to inspect the furnace if a written complaint is filed.
“We don't want to prohibit things, but reasonable controls are needed in a village where everyone is living in proximity,” McVey said.
Both windmill and furnace laws will be filed with the state once the windmill law is passed.
Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net
