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HomeMy WebLinkAbout04-09-2009 Planning Commission PacketCITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, April 9, 2009 7:00 p.m. — City Hall Council Chambers I. Call to Order: II. Agenda Approval: III. Approve Minutes of March 12, 2009: (1) IV. Department / Commission Liaison / Other Reports: V. Visitors /Public Comment: This is an opportunity for the public to address the Commission with questions or concerns regarding items not on the agenda. Please limit comments to three minutes. VI. Public Hearings: A. Contineud: Doug Corblick to consider requests for Site Plan Review and Conditional Use Permit related to construction and placement of a playhouse /tool shed accessory building, located at 1547158 St. N. (2) B. Outdoor Wood Burning Furnaces to consider amendments to Oak Park Heights City Ordinance Section 1100, adding chapter 1124 to include the regulation of outdoor wood burning furnaces. (3) VII. New Business: VIII. Old Business: IX. Informational: A. Upcoming Planning Commission Meetings: May 14, 2009 7:00 p.m. (Council Chambers) June 11, 2009 7:00 p.m. (Council Chambers) B. Council Representative April —Vice Chair Bye May — Chair Wasescha June — Commissioner LeRoux X. Adjournment. 1 . F.� CITY OF OAK PARK HEIGHTS ENC�LaSURE PLANNING COMMISSION MEETING MINUTES Thursday, March 12, 2009 Call to Order: Vice -Chair Wasescha called the meeting to order at 7:00 p.m. Present: Commissioners Bye and Powell; City Administrator Johnson, City Planner Richards and Commission Liaison Abrahamson. Absent: Chair Liljegren and Commissioner LeRoux. Adjourn to Annual Meeting: Commissioner Powell, seconded by Commissioner Bye, moved to adjourn to the Annual Meeting. Call Annual Meeting to Order: Vice Chair Wasescha called the Annual meeting to Order. A. Declaration of Commissioners LeRoux and Powell, Whose Terms End May 31, 2009, Regarding Reappointment: Commissioner Powell stated that he wished to seek reappointment. City Administrator Johnson will contact Commissioner LeRoux regarding reappointment desire. City Administrator Johnson will place reappointment request(s) before the City Council at their upcoming meeting. B. Election of Chair & Vice Chair: Commissioner Powell, seconded by Commissioner Bye, moved to elect Vice -Chair Wasescha as the Chair. Carried 2 -0 -1, Wasescha abstained. Commissioner Powell, seconded by Vice Chair Wasescha, moved to elect Commissioner Bye as Vice - Chair. Carried 2 -0 -1, Bye abstained. Adjourn Annual Meeting & Reconvene Regular Meeting: Chair Wasescha adjourned the annual meeting and reconvened the regular meeting with the matter of it Agenda approval. Agenda Approval: Commissioner Powell, seconded by Vice Chair Bye, moved to approve the Agenda as presented. Carried 3 — 0. Approve Minutes of February 12, 2009: Chair Wasescha, seconded by Vice Chair Bye, moved to approve the Minutes as presented. Carried 3 — 0. Department /Commission Liaison & Other Reports: Commission Liaison Abrahamson updated the Commission as to the status of the City Hall construction project. Visitors /Public Comment: None. Planning Commission Minutes March 12, 2009 Page 2 of 2 Public Hearings: A. Continued: Doug Corblick to consider requests for Side -yard Setback Variance and Building Location and Conditional Use Permit for Two Accessory Structures, related to construction and placement of a playhouse /tool shed accessory building, located at 1547158 th St. N. * ** City Council to discuss at their March meeting — matter to be continued to April Planning Commission meeting. City Planner Richards updated the Commission as to City Council activity and its relation to the request of Mr. Corblick, noting that a continuance to April is requested. Commissioner Powell, seconded by Vice Chair Bye, moved to continue the public hearing to the April Planning Commission meeting. Carried 3 — 0. New Business: None. Old Business: None. Informational: A. Upcoming Planning Commission Meetings April 09, 2009 7:00 p.m. (Council Chambers) May 14, 2009 7:00 p.m. (Council Chambers) June 11, 2009 7:00 p.m. (Council Chambers) B. Council Representative March — Chair Liljegren April — Commissioner Bye May — Vice -Chair Wasescha Adjournment: Commissioner Powell, seconded by Vice Chair Bye, moved to adjourn the meeting at 7:10 p.m. Carried 3 — 0. Respectfully submitted, Julie A. Hultman Planning & Code Enforcement Officer Approved by the Planning Commission: E NC ?Q) ES Q NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MIS! 554422 Telephone: 703.231.2555 Facsimile: 783.231.2551 planners @nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: April 1, 2009 RE: Oak Park Heights — Doug Corblick, 15471 58 Street North — Conditional Use Permit for Side Yard Setback; Building Location; and Two Accessory Structures FILE NO: 798.07 — 09.01 16T .T41111 �p Doug Corblick of 15471 58 Street North originally requested a variance for a side yard setback and building location and a conditional use permit for two accessory structures. Mr. Corblick has constructed a playhouse /tool shed within the side yard setback area of his lot and partially within property owned by Northern States Power Company (Xcel Energy). Northern States Power Company has granted an Encroachment Licensing Agreement to Mr. Corblick to allow the playhouse /tool shed to remain on their property. The property is zoned R -1, Single Family Residential. As you are aware, the City Council approved amendments to Section 401.15.D, Accessory Buildings, Uses and Equipment to allow flexibility through conditional use permit versus variance review. The changes that were approved eliminated the need for the variances requested by Mr. Corblick. The conditional use permit process, instead, shall be utilized to address the setback and building location issues. Therefore, Mr. Corblick is now being considered for three conditional use permits to locate the accessory building within a side yard; to locate it within the five foot side yard setback requirement; and for two accessory structures. A new public hearing for the CUPs was advertised for the April 9, 2009 Planning Commission meeting. Attached for reference: Exhibit 1: Aerial Photo of Site Exhibit 2: Site Plan Exhibit 3: Building Elevation Diagram Exhibit 4: Building Elevation Diagram Exhibit 5: September 22, 2008 Letter from Xcel Energy Exhibit 6: Encroachment Licensing Agreement Exhibit 7: Photos of Site ISSUES ANALYSIS Project Description. The applicant has constructed the 14 foot -10 inch by 11 foot by 10 inch two story accessory building within the side yard setback area and approximately five feet into property owned by Northern States Power Company. The structure has a four foot deck at the front of the structure, opposite the side that encroaches into the setback. The building is approximately 40 feet from the house. A detached garage is constructed adjacent to the home. Comprehensive Plan. The Comprehensive Plan Land Use Map designates this area for low density residential use. Single family homes and related accessory buildings are consistent with this land use type. Zoning. The property is zoned R -1, Single Family Residential District. Single family homes and related accessory buildings are listed permitted and accessory uses. Setbacks /Location. The Zoning Ordinance requires a five foot setback from side lot lines and eight feet from rear lot lines. The front yard for this lot faces Stagecoach Trail and the rear lot line is on the west side. The south lot line, where the structure encroaches, is a side lot line, thus requiring a five foot setback. The Zoning Ordinance also requires that accessory buildings shall be located only within the rear yard. The recent amendments to the Ordinance now allow for variation from the location and setback requirements by approval of a conditional use permit. Although not related to this request, the existing home is within the setback requirement of 30 feet adjacent to 58 Street and the garage is within the eight foot setback requirement of the west lot line. Accessory Building Requirements. The following requirements for accessory buildings are reviewed as follows: 2. Location. No accessory buildings shall be erected or located within any required yard other than the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. The playhouse /tool shed is located in a side yard. A CUP is required to allow this structure in aside versus a rear yard. Review of the CUP criteria is found later in this report. 3. Height /Setbacks. Accessory buildings shall not exceed twelve (12) feet in height and shall be five (5) feet or more from side lot lines, eight (8) feet from the rear lot line, and shall be six (6) feet or more from any other building or structure on the same lot. Accessory buildings shall not be located within a utility and /or drainage 2 easement unless written approval is obtained from the easement holder. Accessory building height may be increased an additional five (5) feet with approval of the Building Official to match roof pitch or style of a principle structure. The setback and height requirements under this provision may be varied by approval of a conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Accessory buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. The structure is located within the required side yard setback area. The structure is approximately 15 feet in height to the midpoint of the gabled roof and thus consistent with the height requirements. 4. Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty -five (25) percent of the area of the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. The rear yard area is 3,600 square feet. The total area of the garage and the playhouse (if relocated to that area) would be 540 square feet, thus occupying 15 percent of the rear lot area. 5. Number of Structures. No building permit shall be issued for the construction of more than one (1) private garage or storage structure for each detached single family dwelling, commercial, industrial, public or institutional building except by approval of a conditional use permit according to the provisions of Section 401.03 and 401.15.D.13 of this Ordinance. Every detached single family dwelling unit erected after the effective date of this Ordinance shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. Two accessory structures exist on the site - the garage and the playhouse /tool shed. A conditional use permit is required to allow the second accessory structure. 6. Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand (1,000) square feet of floor area, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. The floor area of the two accessory buildings is 720 square feet. 11. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building. All accessory buildings shall also be compatible with the principal building on the lot. The house and playhouse /tool shed are compatible in appearance. 3 Accessory Building Conditional Use Permit Criteria (Section 401.15.D.13). Application for a conditional use permit under this sub - section shall be regulated by Section 401.03 of this Ordinance. Such a conditional use permit may be granted provided that: a. There is a demonstrated need and potential for continued use of the structure for the purpose stated. A playhouse /tool shed is a common accessory building for a single family residential use. b. In the case of residential uses, no commercial or home occupation activities are conducted on the property. No commercial or home occupation activities are conducted on the property. C. The building has an evident re -use or function related to the principal use. The accessory structure's function as a playhouse and tool shed are related to the principal use of the property as a single family home. d. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. The house and playhouse /tool shed are compatible in appearance. The playhouse /tool shed does not present a hazard to public health, safety, and general welfare: although the structure was built five feet into property owned by Northern States Power Company (Xcel Energy), the company is willing to give an Encroachment License Agreement. e. The reductions of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. The reduction of the required five foot side yard setback requirement is based upon an error on the part of the homeowner and will not set a precedent that is contrary to the intent of this Ordinance. f. Existing property line drainage and utility easements are provided for and no building will occur upon this reserved space unless approved in writing by the easement holder. There are no easements involved in this case. is located on property owned by Northern company has stated in writing that they are License Agreement. However, the accessory structure States Power Company. The willing to give an Encroachment 4 g. The reduction will work toward the preservation of trees or unique physical features of the lot or area. There are no mature trees or unique physical features of the lot, such as topography that are affected by this request. h. If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. NW-1 The building height of an accessory building shall not exceed twenty -five (25) feet. The accessory structure is approximately 15 feet in height and thus consistent with the height requirement. Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than thirty -five (35) percent of the rear yard. The rear yard area is 3,600 square feet. The total area of the garage and the playhouse (if relocated to that area) would be 540 square feet, thus occupying 15 percent of the rear lot area. k. The provisions of Section 401.03.A.8 of the Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria. The City Council, the Planning Commission, and City staff shall have the authority to request additional information from the applicant. City Council & Planning Commission Considerations for Conditional Use Permits (Section 401.03.A.7). The conditional use permit requests for two accessory structures; to locate the accessory structure within a side yard; and to locate it within a side yard setback shall be reviewed against the following criteria (Section 401.03.A.8). The City Council and Planning Commission shall consider possible adverse effects of the proposed conditional uses. Their judgment shall be based upon, but not limited to, the following factors: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. b. The conformity with present and future land uses in the area. C. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which it is proposed. e. The impact on character of the surrounding area. 5 f. The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. i. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). The requests for two accessory structures; to locate the accessory structure within a side yard; and to locate it within the side yard setback requirement of five feet should not have a negative impact on the neighborhood, create a service capacity issue, or intensify the use of the property. CONCLUSION / RECOMMENDATION City staff recommends that the three conditional use permit requests to locate the accessory building within a side yard; to locate it within the five foot side yard setback requirement; and for two accessory structures be approved for the playhouse /tool shed located at 15471 58 Street North, with the following conditions: 1. The applicant shall provide a signed copy of the Encroachment Licensing Agreement from Northern States Power Company. All provisions of the agreement shall be complied with by the applicant /property owner. 2. The applicant /property owner shall not make additions to the structure. 3. If the structure is destroyed by more than 50 percent of its value, it shall not be repaired or replaced unless brought into conformance with the Zoning Ordinance. 6 H J A E in ? N O C . TN ix � r ..nom s .: _gy 1 •°M �. i fT i��iw��"" Q'�t�'!'�A1• s�4 . "� E n �;��'�� .� I i s ��, ,,• EXHIBIT ) W b by it G� �L, s C Cl) . E ^yi'!oo CA LO L �' 1 1 � p p • � r •- , O ,x„£J � x 4P5 . 7Y h `d n n CO ca . V r O O Lo J A E in ? N O C . TN ix � r ..nom s .: _gy 1 •°M �. i fT i��iw��"" Q'�t�'!'�A1• s�4 . "� E n �;��'�� .� I i s ��, ,,• EXHIBIT ) �bO lo 1 1 - rlp 36.2 N 00 17� Ct . L 0, a a I L o • L J EXH-lBfT 2 m 2 li-< I I I I I ; t, ; il I I I J- 'I I EXHIBIT 7 K i 2 M EXHIBIT 4 September 22, 2008 Doug Carblick 1547158" Str. N. Oak Park Heights, MNy k S ` ENCROACHMENT REVIEW Project: Proposed Playhouse /Shed, 15471 58 Str, N., Oak Park Heights MN Line 0801/0865�� NE 1/4 NW 1/4, Sec. 3, T24, R20, Washington County File: 2008.355 Dear Doug; Our Transmission Bngineers have reviewed the proposed Playhouse/Shed at 15471 5$� 6tr� S., Stillwater. MN encroachment request submitted September 18, 2008. Encroachment onto Xcel tdrgy's property is not acceptable to Xcel Energy. `= SCOPE OF PROJECT. This project consists of the construction of a two story playhouse /shed with attached deck as shoW>rn on drawing 1 of 2 dated August 27, 2008 and as sketched on a property plan received by Xcel Enemy on September 16, 2008. ' (1) Building on Xcel Energy property. There shall be no permanent or temporary building allowed on Xcel Energy property. ' Any existing building or structure on Xcel Energy property and adjacent to 15471 58�` StN., Oak Park Heights, MN shall be removed. The proposed playhouse /shed will have nom $ se impact on the operation of the Xcel Energy transmission, ..lines, provided the builclir� is constructed on private property adjacent to Xcel Energy's property. (2) Clearance to equipment and workers For general information, a working clearance of 20 feet between the electrical conduct( adjacent transmission line and any cranes or digging equipment near the Xcel energy and a clearance of 20 feet to the physical proximity of workers must be maintained at In addition, any construction near the transmission line(s) shall comply with all OSF Clearances. EXHIBIT Page 1 oft Sep, 26. 2008 11: 12AM No, 4406 Y' 3 „x Page 2 of 2 9/26/2008 f„ It is the express condition of this consent that all other terms and conditions of that certain easement granted by Deed on June 19, 1964, and recorded as Document No. 2373097 shall remain in full foxc`e and effect. Thank you for your courtesy and cooperation. '- s � Sincerely, n y Bonnie Anderson Land Rights Agent Siting and band Rights Dept. 612-330-6241 612 -573- 9227(fax) bonnie j,andersonna xcelener. com cc: Dave Berklund Will Pim Jim Butler (0801/0865 -NH- 34700 -4, Str. 5) .4YL 3 Su1..44': 1 ti ; VT " , i k 3726019 Receipt#: 91599 AGR $46.00 Certified Filed and /or recorded on: 2/1812009 1 :59 PM 3726019 Office of the County Recorder Retum to: Property Records & Taxpayer Services NORTHERN STATES POWER CO Washington County, MN 414 NICOLLET MALL MPLS MN 55401 KeWnJC'orhid, County Recorder ENCROACHMENT LICENSE AGREEMENT THIS AGREEMENT, made this a a y of &,UM be�- --, 2008, between NORTHERN STATES POWER COMPANY, a Minnesota corporation doing business as Xcel Energy (hereinafter called "NSP "), and Douglas P. Corblick, (hereinafter called "Licensee "). WITNESSETH WHEREAS, Licensee is the owner of the following described property (hereinafter galled "Owned Premises "): Lots 6 and 7, Block 1, Oak Park, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. WHEREAS, NSP is the owner of the following described property (hereinafter called "NSP Property "): Lot 5, Block 1, Oak Park, according to the plat thereof on fide and of record in the office of the County Recorder, Washington County, Minnesota. WHEREAS, NSP owns, operates and maintains on said NSP Property, an electric transmission line. WHEREAS, Licensee has constructed a Playhouse /Shed structure that encroaches on the NSP Property. NOW, THEREFORE, for and in consideration of the covenants and agreements hereinafter contained to be kept and performed, NSP and Licensee agree that: 1. NSP does hereby grant unto Licensee, its successors and assigns the right to encroach upon, occupy and to use, in the manner hereinafter specified, the portion of the NSP Property described in paragraph 2 hereunder. 2. The right of encroachment, occupancy and use granted herein shall be limited to that part of the aforedescr'bed NSP Property described 'as follows: The north 3 feet of the east 14 feet of the west 80 feet of said Lot 5. The aforedeseribed portion of the NSP Property is hereinafter called "Encroachment Area ". 3. The rights of encroac, nt and the rights and licenses herein grantee, all be limited to the use by Licensee of the Encroachment Area for the purpose of constructing, maintaining and using thereon a 3 foot portion of a Playhouse /Shed building in the Encroachment Area only, at an elevation, not to exceed 17 feet from the existing ground elevation. Licensee agrees, that in the event the building is destroyed; no part of a replacement building will be within the NSP Property. Licensee further agrees that no additions or improvements shall be made to the portion of the building that lies within the NSP Property. Licensee agrees, and it is an express condition upon which this right of encroachment is granted, that the structure shall not be used for any purpose which creates a hazard to NSP's power lines and facilities, and specifically that there shall be no storage or use of petroleum or other products having volatile characteristics or explosives therein. The provisions of this paragraph shall not apply to small amounts of products stored for normal household and yard maintenance. 4. Licensee accepts the Encroachment Area in its present condition without any promises, agreements or obligations on the part of NSP to make any improvements or repairs thereon. 5. Licensee agrees to assume all liability and to indemnify and compensate NSP for any injury or damage to persons or property, including NSP's property or employees, occasioned by, or arising in connection with the use of the Encroachment Area by Licensee, its employees, customers or agents, and Licensee further agrees to defend, indemnify and save NSP harmless against all actions, claims, damages, or demands which may be brought or made against NSP by reason of anything done by Licensee, its employees, customers or agents, in the exercise or purported exercise of the rights, privileges and duties herein granted. B. Licensee agrees to secure all necessary permits that may be required from municipal, state or federal authorities to construct and operate its building in the Encroachment Area. 7. As part of the consideration of this Agreement, Licensee expressly waives all right, claim or cause of action which Licensee, its successors and assigns, may now or hereafter have against NSP, its successors or assigns, occasioned by or arising from any interference with radio, television, electronic, computer, cathode ray tube, photographic, or other types of electronic or related equipment affected in any manner by electrical or magnetic fields, or any other communication transmission or reception in or upon any portion of the Encroachment Area or in or upon any portion of said building or any injury, illness or adverse health effects whatsoever caused or occasioned in any manner by the presence, or operation of electric transmission lines and related facilities in and upon the NSP Property. 8. If, for any reason, Licensee shall not keep and perform any and all of the covenants and agreements contained herein, and should Licensee fail to correct the condition violated within. thirty (30) days after receiving written notice to do so from NSP, the right of encroachment granted herein shall thereafter automatically terminate without further act by NSP and Licensee shall surrender the Encroachment Area to NSP in substantially its original condition. 9. Any implied or unwritten consent of NSP in any instance to any variation of the terms or conditions of this Agreement shall not be deemed a waiver as to any breach of covenant or condition herein contained nor shall any waiver or modification be claimed as to any provision of this Agreement unless the same shall be endorsed hereon by NSP. Failure of NSP to insist upon the strict performance of the terms, covenants, agreements and conditions contained herein, or any of them, shall not constitute or be construed as a waiver or relinquishment of NSP's right to thereafter enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. 10. It is agreed that the provisions and conditions of this Agreement shall bind and inure to the benefit of the heirs, legal representatives, successors in interest and assigns of the respective parties hereto, and Page 2 of 4 that these conditions and covenants shall specifically be deemed to run with the land known as Owned Premises, as well. 11. All notices, demands and other communications required or permitted to be given pursuant to this Agreement shall be in writing and shall be considered to have been duly given or served if sent by first - class certified or registered mail, return receipt requested, posta$e prepaid, to the party at its address set forth below. If to NSP, to: Xcel Energy Attn: Siting and Land Rig_ hts 414 Nicollet Mall, MP -8 Minneapolis, Minnesota 55401 If to Licensee, to: Douglas P. Corblick 15471 58 St. N. Stillwater, MN 55082 12. This Agreement is .made and executed under the laws of Minnesota and is intended to be governed by the laws of said State. 13. The unenforceability or invalidity of any provisions hereof shall not render any other provision or provisions herein contained unenforceable or invalid. IN WITNESS WHEREOF, NSP and Licensee have caused this Agreement to be executed as of the day and year first above written. NORTHERN STATES POWER COMPANY By �Lp Greg P, am erlain, Director Portfolio Delivery & Integration Xcel Energy Services Inc. Authorized Agent for Northern States Power Company, a Minnesota corporation, d/b /a Xcel Energy STATE OF MINNESOTA ) } ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 3 of 2009, by Greg P. Chamberlain, Director, Portfolio Delivery & Integration, Xcel Energy S rvices Inc., as Authorized Agent for Northern States Power Company, a Minnesota corporation, d/b /a Xcel Energy on behalf of the corporation. BONNIE J. r D 1"' ON Notary Public Notary Public Minn commMWan Explraa January $1, 2014 Page 3 of 4 LICENSEE STATE OF MINNESOTA ) ss. COUNTY OF The foregoing instrument was acknowledged before me this L51 * 1tay of be ewt 2008, by Douglas P. Corblick, , an unmarried person. , JENNIFER M. PINSKI tary ublic NOTARY PUBLIC - MINNESOTA My CaMI Mn ExPIaS Jan. 31, 2012 This instrument was drafted by: BAID.IF Northern States Power Company 414 Nicollet Mall W -8 Minneapolis, Minnesota 55401 2008.355 Page 4 of 4 (yogippC pF- OSU 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 plan nersCci nacplanning.com TMUOT TO: Eric Johnson FROM: Scott Richards DATE: April 2, 2009 RE: Oak Park Heights — Outdoor Wood Burning Furnaces FILE NO: 798.04 — 09.01 The City Council, at their February 24 and March 24, 2009 meetings, discussed the issue of outdoor wood burning furnaces. Staff had provided background and sample ordinances to assist the Council in their discussion. The two memos and attachments, dated February 9 and March 19, 2009, are found as attached. The City Council is interested in providing regulations in the City Code to allow outdoor wood burning furnaces with the appropriate limitations and conditions. At the March 24, 2009 meeting, a number of residents were present. The City Council decided to send this issue to the Planning Commission for their input and to conduct a public hearing. The regulations would likely be placed in Section 1100 of the City Code and not the Zoning Ordinance, thus not requiring a public hearing but, because of public interest, a hearing will be conducted. With the background materials, a draft ordinance has been included for consideration by the Planning Commission. This draft includes the revisions suggested by the City Council at their March 24, 2009 meeting. A public hearing has been scheduled for the April 9, 2009 Planning Commission meeting. contact: David McDonald phone: 1.800.248.4681 davidm@centralfireplace.com OUTDOOR WOOD FURNACE ORDINANCE 2007 Ordinance 2007 AN ORDINANCE TO AMEND the Code of the (town, city, village, borough) in County, in (STATE) by adding a new chapter, to be entitled Outdoor Wood Furnaces, which chapter provides for the same. Be it enacted by the (town, city, village, borough - Council or Board) of the (town, city, village, borough) as follows: The Code of the (town, city, village, borough) is hereby amended by adding thereto a new chapter, to be Chapter _, Outdoor Wood Furnace, to read as follows: OUTDOOR WOOD FURNACES (Referred to as: OUTDOOR WOOD BOILERS OR OUTDOOR WOOD —FIRED HYDRONIC HEATERS) § -1 Definitions § -2 Regulations for Outdoor Wood Furnaces § -3 Substantive Requirements § -4 Appeals /Variances § -5 Violations and penalties § -6 Civil Proceedings § -7 Severability § -8 Effective Date § – 1 Definitions A. Outdoor Wood Furnace: Any equipment, device, appliance 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 or water source. An Outdoor Wood Furnace may also be referred to as an Outdoor Wood Boiler or Outdoor Wood -fired Hydronic Heater. B. Chimney: Flue or flues that carries off exhaust from an Outdoor Wood Furnace firebox or burn chamber. C. EPA OWHH Phase I Program – EPA OWHH (Outdoor Wood -fired Hydronic Heater Program) Phase l Program administered by the United States Environmental Protection Agency. D. EPA OWHH Phase 1 Program Qualified Model – An Outdoor Wood -fired Hydronic Heater that has been EPA OWHH Phase I Program qualified. The model has met the EPA OWHH Phase 1 emission level and has the proper qualifying label and hangtag. ral Boiler a service of Cent ion.c� OUTDOOR WOOD FURNACE ORDINANCE 2007 E. Existing Outdoor Wood Furnace: An Outdoor Wood Furnace that was purchased and installed prior to the effective date of this local law. F. Natural Wood: Wood, which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products. G. New Outdoor Wood Furnace: An Outdoor Wood Furnace that is first installed, established or constructed after the effective date of this local law. § —2 Regulations for Outdoor Wood Furnaces A. No person shall, from the effective date of this local law, construct, install, establish, operate or maintain an Outdoor Wood Furnace other than in compliance with the applicable sections of this local law. B. No person shall, from the effective date of this local law operate an Outdoor Wood Furnace unless such operation conforms with the manufacturer's instructions regarding such operation and the requirements of this local law regarding fuels that may be burned in an Outdoor Wood Furnace as set forth in Sections 3.A and 3.13 of this local law and chimney height as set forth in Section 3.1) and 3.F of this local law. C. All new Outdoor Wood Furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this local law. In the event ol' a conflict, the requirements of this local law shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply. D. The owner of any new Outdoor Wood Furnace shall produce the manufacturer's owner's manual or installation instructions to the (appropriate department) to review prior to installation. E. All new Outdoor Wood Furnaces shall be laboratory tested and listed to appropriate safety standards such as UL CAN /CSA, ANSI or other applicable safety standards. F. If an existing Outdoor Wood Furnace is, through the course of a proper investigation by local authorities, creating a verifiable nuisance, as defined by local or state law, the following steps may be taken by the owner and the (appropriate department) having jurisdiction: (1). Modifications made to the unit to eliminate the nuisance such as extending the chimney, or relocating the Outdoor Wood Furnace or both. Awtk Uutdoor Furnace Fac A "Ai a service of Central Boiler , , OUTDOOR WOOD FURNACE ORDINANCE 2007 (2). Cease and desist operating the unit until reasonable steps can be taken to ensure that the Outdoor Wood Furnace will not be a nuisance. § —3 Substantive Requirements Outdoor Wood Furnaces shall be constructed, established, installed, operated and maintained pursuant to the following conditions: A. Fuel burned in any new or existing Outdoor Wood Furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets or other listed fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas or propane backup. B. The following fuels are strictly prohibited in new or existing Outdoor Wood Furnaces: (1). Wood that has been painted, varnished or coated with similar material and /or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products. (2). Rubbish or garbage, including but not limited to food wastes, food packaging, food wraps (3). Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers. (4). Rubber including tires or other synthetic rubber -like products. (5). Newspaper, cardboard, or any paper with ink or dye products. (6). Any other items not specifically allowed by the manufacturer or this provision. C. Setbacks for any new Outdoor Wood Furnace (models not EPA OWHH Phase 1 Program Qualified): (1). The Outdoor Wood Furnace shall be located at least 25 feet from the property line. (2). The Outdoor Wood Furnace shall be located on the property in compliance with manufacturer's recommendations and or testing and listing requirements for clearance to combustible materials. (3). The Outdoor Wood Furnace shall be located at least 100 feet from any residence that is not served by the Outdoor Wood Furnace. Outdoor Furnace a service of Central Boiler 011 OUTDOOR WOOD FURNACE ORDINANCE 2007 D. Chimney heights for new and existing Outdoor Wood Furnaces. (1). The chimney of any new Outdoor Wood Furnace shall extend at least 2 feet above the peak of any residence not served by the Outdoor Wood Furnace located within 300 feet of such Outdoor Wood Furnace. (2). If there is an existing Outdoor Wood Furnace already installed and there is new construction of a residence not served by the Outdoor Wood Furnace within 300 feet of such Outdoor Wood Furnace then the owner of such Outdoor Wood Furnace shall conform to the stack height requirements of this regulation within 30 days of the date such construction is complete and upon written notice from the (appropriate department). E. Setbacks for EPA OWHH Phase 1 Program qualified models. (1). The Outdoor Wood Furnace shall be located at least 25 feet from the property line. (2). The Outdoor Wood Furnace shall be located on the property in compliance with manufacturer's recommendations and or testing and listing requirements for clearance to combustible materials. F. Chimney heights for EPA OWHH Phase 1 Program qualified models. (1). The EPA OWHH Phase l Program qualified model chimney shall extend at least 2 feet above the peak of the residence for which it selves if neighboring residences not served by the furnace are located within 300 feet or the chimney shall extend at least 2 feet above the peak of any residence not served by the furnace within 100 feet, whichever is greater. G. Outdoor Furnaces that use corn, wood pellets or other palletized biomass shall meet the same setback and stack height requirements as EPA OWHH Phase 1 Program Qualified models. § —4 Appeals Appeals from any actions, decisions, or rulings of the (appropriate department) or for a variance from the strict application of the specific requirements in Section 2 or 3 of this local law may be made to the (town, city, village, borough) (appropriate Board of Appeals). Requests for all appeals shall be made in writing to the (appropriate Board of Appeals) not later than _ days of the act, decision, or ruling from which relief is sought. A. Appeals Fees: Appeals fees shall be established by (appropriate department) resolution. Outdoor Furnace acts 3° a service of Central Boiler (&0167Y OUTDOOR WOOD FURNACE ORDINANCE 2007 B. Public Hearing: Within 60 days after receiving the written request, the (appropriate Board of Appeals) shall hold a public hearing on the appeal, with prior notice published in a newspaper of general circulation in the (town, city, village, borough) at least 60 days before the date of the hearing and specifying the date, place, time, and purpose of the hearing. C. Decision of (appropriate Board of Appeals). Within 60 days of the final adjournment of a public hearing, the (appropriate Board of Appeals) shall affirm, modify, or deny the action, decision, or ruling of the (appropriate department) or correct any omission by the (inspector), or approve, approve with conditions, or disapprove the application. The decision of the (appropriate Board ofAppeals) shall be in writing and shall contain findings and the factual basis for each finding from the record of the hearing, which shall support the decision of the (appropriate Board of Appeals). As part of any decision, the (appropriate Board of Appeals) shall direct the officer to issue any appropriate permit in conformity with its ruling and shall state a time by which such permit shall be issued, in conformity with this local law. D. Criteria for Variances. In making its determination, the (appropriate Board of Appeals) shall take into consideration the benefit to the applicant if the variance is granted, as weighted against the detriment of the neighborhood or community by such grant. In making such determination the board shall also consider: (1). Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2). Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3). Whether the requested variance is substantial; (4). Whether the alleged difficulty was self- created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the variance. —5 Violations and penalties. Any person who shall violate any provision of this local law shall be guilty of a violation as defined in and shall upon conviction be subject to a fine of not more than $200 dollars. Each week's continued violation shall constitute a separate and distinct offense. Outdoor Furnace Facts a service of Central Boiler ,,� OUTDOOR WOOD FURNACE ORDINANCE 2007 § —6 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 violates any provision of this law shall also be subject to a civil penalty of not more than $200 dollars, to be recovered by the (village /town/city/borough) 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 /town /city /borough) is required to take legal action to enforce this local law, the violator may be responsible for any and all necessary costs relative thereto, including attorneys' fees, and such expense shall be charged to the property so affected by including such expense in the next annual tax levy against the property. § —7 Severability. The provisions of this local law are severable and the invalidity of a particular provision shall not invalidate any other provisions. § —8 Effective date. This law shall be effective upon filing with O utdoor Furnace Facts Boiler a service of Central •�on.N ORDINANCE NO. 09- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 1100 OF THE OAK PARK HEIGHTS CITY CODE TO INCLUDE THE REGULATION OF OUTDOOR WOOD BURNING FURNACES THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA ORDAINS: SECTION 1. Chapter 1124 of the City Code is hereby added to read as follows: 1124.01 Purpose. To promote the health, safety and welfare and to safeguard the health, safety and welfare of the citizens of Oak Park Heights with regards to the potential negative effects from outdoor wood burning furnaces. 1124.02 Definitions. A. "Outdoor Wood Burning Furnace" means any equipment, device, appliance 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 or water source. Not included in this definition are outdoor fireplaces or fire pits. B. "EPA Phase II Qualified" means an outdoor wood burning furnace that has been certified by the U.S. Environmental Protection Agency as being EPA Phase II qualified. The furnace has met the Phase li emission requirements and is labeled accordingly. C. "Clean Wood" means natural, dry wood which has not been painted, varnished or coated in any way, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products. D. `Refuse" means any waste material except clean wood. 1124.03 Regulations. A. Administrative Permit Required. 1. Outdoor wood burning furnaces may be allowed in the City subject to the approval of an Administrative Permit. The consideration involving the approval or denial of such permit shall include: a. The notification of immediately abutting property owners (including those located across a street) and an assessment of the possible negative impacts upon such properties. b. The adequacy of the site to accommodate the proposed outdoor wood burning furnace. C. The public health, concerns posed by burning furnace. safety and general welfare the proposed outdoor wood 2. The property owner must submit an application for an Administrative Permit which includes documentation of the type of furnace proposed and a site plan showing proposed furnace location in relation to property lines and existing structures. 3. The Administrative Permit shall be renewed on an annual basis. B. All outdoor wood burning furnaces shall be setback at least 100 feet from all property lines and at least 300 feet from the nearest occupied building not served by an outdoor wood burning furnace. C. All outdoor wood burning furnaces shall maintain chimney height of at least two feet higher than the nearest occupied residence not served by an outdoor wood burning furnace. D. All requirements for installation and maintenance shall be met including, but not limited to, local, state and federal regulations and manufacturer's specifications. E. All outdoor wood burning furnaces installed after the effective date of this ordinance shall be EPA Phase II qualified. F. Only clean wood shall be burned in an outdoor wood burning furnace. G. All firewood stored on a property shall be stored in the side yard or rear yard and stacked neatly. H. An outdoor wood burning furnace shall not be operated from April 1 St to October 1 St of each year. 2 An outdoor wood burning furnace shall not be operated or maintained in a manner which creates a public nuisance. 1124.04 J. Outdoor wood burning furnaces shall be fully screened from adjacent neighbors and the public right -of -way in accordance with fencing and screening requirements of Section 401.15.E of the Zoning Ordinance. Right of Entry and Inspection. A. An officer, agent, employee or representative of the City may inspect any property for the purpose of ascertaining compliance with the provisions of this section. B. If the City determines that the operation of a wood boiler system is creating a nuisance or is being operated in a manner hazardous to persons or property, or is not meeting the requirements of this section, the City may revoke Administrative Permit after a hearing is held by the City Council upon ten (10) days written notice given to the property owner. SECTION 2 This Ordinance shall be effective immediately upon its passage and publication. PASSED this day of Heights, Minnesota. 2009 by the City Council of the City of Oak Park CITY OF OAK PARK HEIGHTS David Beaudet, Mayor ATTEST: Eric Johnson, City Administrator 3 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners(iinacplanning.corn MEMORANDUM TO: Eric Johnson FROM: Laurie Smith / Scott Richards DATE: February 9, 2009 RE: Oak Park Heights — Outdoor Wood Burning Furnaces FILE: 798.04 — 09.01 BACKGROUND City staff has been directed to research regulations and example ordinances for outdoor wood burning furnaces. Outdoor wood burning furnaces are gaining popularity as rising fuel costs are causing people to look for alternate, less expensive ways to heat their homes. As outdoor wood burning furnaces increase in popularity, cities across the nation are starting to take a closer look at the potential health and nuisance effects such systems have on their community. Information on the regulation of outdoor wood burning systems was gathered from surrounding communities, both in Minnesota and nationwide. ANALYSIS Harmful Effects. While it may seem harmless and cost - effective, outdoor wood burning systems pollute the air and often result in nuisance complaints. There is plenty of research to attest to the harmful effects of smoke emitted from outdoor wood burning systems. According to the Minnesota Pollution Control Agency (MPCA), wood smoke contains toxins and other particles that are harmful to human health. The MPCA states that the type of wood burning appliance used coupled with the type of wood being burned determines how efficient the wood burning furnace is and the amount of harmful pollution that is emitted. The Environmental Protection Agency (EPA) advises that careful consideration should be given to placement of outdoor wood burning furnaces as the smoke that is emitted contains toxins which are known to cause cancer. Regulations in Minnesota. Several cities in Minnesota have recently adopted ordinances regulating the use of outdoor wood burning systems. However, most cities in the Twin Cities Metro Area do not have specific outdoor wood burning system ordinances and generally rely on public nuisance ordinances to regulate outdoor burning issues. The following is a summary of select ordinances, full ordinances are attached. City of Burnsville The City of Burnsville adopted an ordinance declaring the installation or operation of outdoor wood boilers a public nuisance in January 2009. City of New Ulm Following a moratorium enacted in May 2008, the New Ulm City Council adopted an ordinance requiring "hydronic furnaces" to meet or exceed the EPA voluntary program Phase 2 emissions level and that all such furnaces shall be installed, operated and maintained in conformance with the manufacturer's instructions in December 2008. Furnaces must be located no less than 100 feet from any residence not served by such a furnace. All hydronic furnaces are required to obtain a mechanical permit from the City. City of New Prague In June 2006 the New Prague City Council passed an ordinance prohibiting the installation of Outdoor Wood -Fired Boilers in the City. City of Forest Lake Forest Lake adopted an ordinance regulating Outdoor Wood Boiler Systems in December 2007. The City requires a property owner to obtain a Certificate of Compliance prior to installing or altering a wood boiler system. In addition, new systems are required to apply for a Building Permit to ensure that all requirements for installation and operation are met. Outdoor Wood Boiler Systems are required to be at least 300 feet from any residence or principal building which is not on the same property as the Outdoor Wood Boiler System, must meet accessory structure setbacks for the applicable zoning district and must have a permanent stack extending two feet higher than the roofline of the structure being served as well as residential or principal buildings within a 500 foot radius. The Outdoor Wood Boiler Systems are also required to be equipped with spark arresters. Outdoor Wood Boiler Systems are only allowed to operate during the winter months (October through March). 2 City of Battle Lake The City of Battle Lake, located in Otter Tail County, adopted an ordinance regulating Outdoor Fire Boilers in July 2008. The City requires a property owner to obtain a permit prior to installation. All external solid fuel -fired heating devices in the City are required to meet EPA and Underwriters Laboratories (UL) emission standards. The outdoor external solid fuel -fired heating device must be located at least 500 feet from the nearest building which is not on the same property. All stacks and chimneys must extend at least as high as the roofs of residents within 500 feet of the unit. A factory - built or masonry chimney with a spark arrester screen is also required. Battle Lake's ordinance also has additional requirements for storage of wood and removal of ashes. Regulations in Cities Outside of Minnesota. The issues surrounding outdoor wood burning systems are not limited to states in the Midwest. Both Washington and Maryland have banned outdoor wood burning systems statewide. Cities in Pennsylvania, Connecticut, Wisconsin and Colorado are adopting ordinances to regulate outdoor wood burning systems because of increasing complaints and known harmful health effects. The following is a summary of select ordinances, full ordinances are attached. Aspen, Colorado The City of Aspen limits the number and type of wood - burning devices for residential and commercial buildings. Wood- burning devices must be Colorado Phase III or EPA Phase II certified. Chestnuthill Township, Pennsylvania Chestnuthill, Pennsylvania recognizes that outdoor wood -fired burners /furnaces provide an economical alternative to conventional heating systems but also has concerns with the safety and environmental impacts such devices have. As such, the Township passed an ordinance in August 2008 that requires owners of outdoor wood -fired furnaces to obtain an annual permit from the Code Enforcement Officer prior to operation of the furnace. The furnace has to meet certain regulations including 175 -foot setback from all property lines, 200 -foot setback from any occupied structure not located on the same lot as the furnace, a chimney height of at least two feet higher than the residence it serves or two feet higher than a residence which is located within 200 feet with a maximum chimney height of 50 feet and the furnace shall be equipped with a properly functioning spark arrester. The ordinance also contains a list of materials which are prohibited from being burned in the furnace. Wood -fired furnaces are allowed to operate from October 1 St through May 31 However, if the furnace is located at least 1,000 feet from the nearest occupied structure, it is allowed to operate year round. 3 Bayard, West Virginia The City of Bayard, West Virginia currently does not have any outdoor wood furnaces, however, the City decided to be proactive and recently adopted an ordinance regulating such furnaces. All furnaces are required to obtain a permit from the City ensuring that the furnace will be operated according to the manufacturer's specifications. Furnaces must be setback at least 25 feet from all property lines and at least 100 feet from any residence not served by an outdoor furnace. The height of the furnace chimney must be a least two feet higher than the peak of the roof of any residence within 300 feet not served by the furnace. If a new home were to be constructed within the 300 foot limit and not serviced by an outdoor furnace, the outdoor furnace owner would have 30 days to add to the chimney requirements. The ordinance also includes a list of items which are not allowed to be burned in the furnace including garbage, rubbish, food waste, plastic and rubber materials, cardboard and newspapers. CONCLUSION /RECOMMENDATION Outdoor wood burning furnaces are no doubt a controversial issue in cities and townships across the nation. It has been documented that wood burning furnaces have harmful effects on the environment and on human health. However, the furnaces do provide an economic alternative for conventional heating methods and can be operated relatively harmlessly if certain regulations are followed. The City may choose to prohibit the installation of outdoor wood burning furnaces in the City, or if the City decides it is in favor of allowing outdoor wood burning furnaces the following regulations are advised: The property owner must submit an application for an outdoor furnace permit which requires submission of certain information and documentation including type of furnace and a site plan showing proposed furnace location in relation to property lines and existing structures. The permit should be renewed on an annual or otherwise basis so that operation of the furnace and compliance with the City's regulations can be periodically evaluated. 2. Limiting the allowance of outdoor wood burning furnaces to certain zoning districts or at the very least a minimum lot size requirement. 3. A setback of at least 100 feet from property lines and a setback of at least 300 feet from the nearest occupied building not served by an outdoor wood burning furnace. 4. A required chimney height of at least two feet higher than the nearest occupied residence not served by an outdoor wood burning furnace. 0 5. Limitation on the types of materials that can be burned in the outdoor furnace. 6. Provisions outlining the storage of burning materials and the disposal of ashes. 7. Limitation to the number of months the outdoor furnace can be used each year — such as only during the winter months (October through April). 8. A clear and practical code enforcement process for addressing nuisance complaints. 5 ORDINANCE NO. CITY OF BURNSVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE BURNSVILLE CITY CODE CLASSII+YING OUTDOOR WOOD BOILERS AS PUBLIC NUISANCES SECTION 1 . Section 7 -1 -2 of the Burnsville City Code is hereby amended to read: 7 -1 -2: ILLUSTRATIVE ENUMERATION: The following are nuisances affecting health, safety, comfort or repose, and also affecting public peace and safety: (A) Accumulations of manure, rubbish, garbage, tin cans, bottles, junk, debris or other waste which are kept so as to result in offensive odors, unsightly conditions, or excessive manifestation of flies to the discomfort and annoyance of adjacent property owners of the public, except as expressly authorized by statute or ordinance. (B) Garbage cans and privy vaults which are not flytight. (C) Dumping the contents of any cesspool, septic tank, privy vault or garbage can except at places authorized by law. (D) A person engaging in one or more of the following activities at any time between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. upon land in or adjacent to any residential zoning district: 1. Construction or grading activities involving the use of hammers, power tools and equipment, or other activity resulting in loud or disturbing noise. 2. Outdoor power implements including, but not limited to, power lawn mowers, power hedge clippers, power saws or other such implements. Operation of equipment for snow removal shall be exempt from the provisions of this section when initiated within twelve (12) hours of completion of a recent snowfall. a. Snowmaking, snow grooming activities, and maintenance of ski area equipment are exempt from the provisions of subsection (D)2 of this section. b. Equipment and vehicles used for maintenance of public or private golf courses, public and private driving ranges, and ice skating rinks on public property are exempt from the provisions of subsection (D)2 of this section. 3. Making any repairs, alterations or engine tune ups to motorized vehicles, or other activity resulting in loud or disturbing noise to surrounding properties. (E) The throwing, dumping or depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones, ashes, rubbish, tin cans, paper, or other material of any kind on private or public property, except as expressly authorized by statute or ordinance. (F) Dense smoke, noxious or offensive fumes or odors, gas, soot, or cinders in unreasonable quantities. (G) Carcasses of animals not buried or destroyed within twenty four (24) hours after death. 1388670 (H) The keeping of horses, cattle, swine, sheep, goats, rabbits, dogs, or other animals or fowl so as to result in offensive odors or disagreeable noises to the discomfort of adjacent property owners, and allowing any animal or fowl to run at large; "at large" means off the premises of the owner and not under restraint, and "owner" means any person who shall own, harbor, keep or have custody of an animal, or the parents or guardian of a person under eighteen (18) years of age who shall own, harbor, keep or have custody of an animal. (I) Causing or permitting any unnecessary or annoying noises or vibrations. (J) The pollution of any public well, stream, river, lake or body of water by sewage, creamery, or industrial wastes. (K) All other acts, omissions, occupations and uses of property which have a negative impact on the health or safety of the inhabitants of the City of a considerable number thereof. (L) All explosives, inflammable liquids and other dangerous substances or materials stored or accumulated in any manner or in any amount other than that provided by law or ordinance. (M) All use, possession or display of fireworks except as provided by law or ordinance. (N) The piling, storing or keeping of old machinery, wrecked or junked vehicles, or other junk or debris upon open spaces, except as expressly authorized by statute or ordinance. "Junked vehicles" means a vehicle that does not display current registration, is inoperable, or is lacking vital components. The registration shall not be the sole factor determining the status of the vehicle. (0) Obstructing traffic and the free use of public streets or sidewalks. (P) All hanging signs, awnings and other similar structures over public streets or sidewalks, or so situated as to endanger public safety, not constructed and maintained as provided by law or ordinance, or without proper permit. (Q) Permitting rain, water, ice or snow to fall from any building on any public street or sidewalk or to flow across any public sidewalk. (R) Placing entrance culverts, or doing any act which may alter or affect the drainage of public streets or alleys or the surface or grade of public streets, alleys or sidewalks without proper permit. (S) Making repairs to motor vehicles, or tires in public streets or alleys, excepting only emergency repairs which will not unduly impede or interfere with traffic. (T) Throwing, placing, depositing, or burning leaves, trash, lawn clippings, weeds, grass, or other material in the streets, alleys or gutters. (U) Erecting, painting or placing of unauthorized traffic signs or advertising signs in streets, or alleys or on sidewalks. (V) All trees, hedges, billboards or other obstructions which prevent a clear view of traffic approaching an intersection in sufficient time to bring a motor vehicle driven at a reasonable speed to a stop before the intersection is reached. (W) Installing or allowing the installation, or operating or allowing the he operation, of an outdoor wood boiler in the City. "Outdoor wood boiler" means a fuel burning device that is designed for outdoor installation or installation in structures not normally occupied by humans to heat building space and /or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water /antifreeze mixture. (X) All other conditions, acts, or things which are liable to cause injury to persons or property. SECTION 2 . This ordinance shall be effective immediately upon its passage and publication. 1388670 2 ADOPTED this City of Burnsville, Minnesota. day of , 2008, by the City Council of the CITY OF BURNSVILLE ATTEST: Macheal Brooks, City Cleric Elizabeth B. Kautz, Mayor 138867v3 ORDINANCE NO. 08 -066, FOURTH SERIES CITY OF NEW ULM, BROWN COUNTY, MINNESOTA AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE INSTALLATION AND USE OF OUTDOOR FURNACES. WHEREAS, the City of New Ulm is undertaking a study to consider the adoption of an ordinance to regulate outdoor furnaces in the City of New Ulm; and WHEREAS, the existence and operation of outdoor furnaces is found to have a potential adverse effect on the health, safety, and welfare of the residents of the City until such ordinance is adopted; and WHEREAS, regulation, restriction, and prohibition of certain types of activities within the City of New Ulm is necessary and appropriate pending adoption of a regulatory ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW ULM: SECTION I. Pending completion of the study of outdoor furnaces and the possible adoption by the City of New Ulm of an ordinance for the regulation of outdoor furnaces in the City of New Ulm: A. Installation of any new outdoor furnace is prohibited, whether or not it is put into operation. Violation of this prohibition is a petty misdemeanor, and each day of violation shall constitute a separate offense. B. All existing outdoor furnaces must be registered with the City Building Official within 30 days of the effective date of this ordinance. Registration must include the address of the property on which the furnace is installed; the name of the owner and /or occupant of the property; the date of installation; the location on the property (including a diagram); and the unit type, manufacturer, and specifications of the outdoor furnace. No fee will be charged by the City for such registration. Failure to register will disqualify the outdoor furnace from treatment as an "existing outdoor furnace" for purposes of future regulation. Operation of an unregistered outdoor furnace is a petty misdemeanor, and each day of violation shall constitute a separate offense. Notice of the requirements of this registration provision shall be published weekly in the official newspaper of the City-for four consecutive weeks following its effective date. C. The owner of any existing outdoor furnace shall allow inspection of the unit by the City Building Official or designee at all reasonable times. Refusal to allow inspection will result in a cease and desist order by the City Building Official prohibiting the operation of the outdoor furnace. Operation of the outdoor furnace in violation of such an order is a petty misdemeanor, and each day of violation shall constitute a separate offense. - 1 - SECTION II. For purposes of this ordinance, the following terms shall have the meanings stated: A. "Outdoor furnace" means any equipment, device, appliance, or apparatus, or any part thereof, which is installed, affixed, or situated outdoors for the primary purpose of combustion of fuel of any sort or type to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. B. "Existing outdoor furnace" means an outdoor furnace that was installed and put into use prior to the effective date of this ordinance. SECTION III. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law, and shall remain in effect for a period of six months from and after such effective date unless extended for additional thirty -day periods by further resolution of the City Council, with the total effective period not to exceed one year from the original effective date of this ordinance. Adopted by the City Council of the City of New Ulm this 6th day of May, 2008. President of the C4 Council Attest: Finarfce Director /City Clerk- Treasurer Approved by the Mayor of the City of New Ulm this 6th day of May, 2008. ayor -2- ORDINANCE NO. 08 -064, FOURTH SERIES CITY OF NEW ULM, BROWN COUNTY, MINNESOTA AN ORDINANCE ENACTING SECTION 8.33 OF THE CITY CODE OF THE CITY OF NEW ULM RELATIVE TO HYDRONIC FURNACES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW ULM: SECTION I. That Section 8.33 of the City Code of the City of New Ulm is hereby enacted as follows: Section 8.33. Hydronic furnaces. Subd. 1. Definitions. The following terms as used in this section shall have the meanings stated: A. " Hydronic furnace" means any furnace that uses combustion fuel other than natural gas or propane to heat water or other liquid for use in heating a structure. B. "Natural wood" means wood that has not been painted, varnished, or coated with a similar material, has not been pressure- treated with preservatives, and does not contain resins or glues as in plywood or other composite wood products. C. "Existing outdoor furnace" means a hydronic furnace that was installed and put into use prior to the effective date of this ordinance. Subd. 2. Applicability. This ordinance applies to the use of all hydronic furnaces within the City. This ordinance does not apply to the following: A. Grilling or cooking food using charcoal, wood, propane, or natural gas in cooking or grilling appliances. B. Burning for the purpose of generating heat in a stove, furnace, fireplace, or other heating device within a building used for human or animal habitation. C. The use of propane, acetylene, natural gas, gasoline, or kerosene in a device intended for heating, construction, or maintenance activities. D. The use of recreational fires as defined and regulated in Section 8.32. Subd. 3. Mechanical permit required for new outdoor furnaces. No hydronic furnace may be installed or used without a mechanical permit issued by the City. A. All hydronic furnaces shall meet or exceed the U.S. Environmental Protection Agency voluntary program Phase 1 emissions level (EPA Phase 1 level) and shall emit no more than 0.60 pounds of particulate matter per million BTUs of heat input. B. All hydronic furnaces shall be constructed, established, installed, operated, and maintained in conformance with the manufacturer's instructions and the requirements of the mechanical permit. In the event of a conflict, the requirements of this ordinance shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply. Each hydronic furnace shall visibly display the manufacturer's certification that the furnace complies with EPA Phase 1 level requirements. C. All hydronic furnaces shall burn only clean dry natural wood, wood pellets, corn products, biomass pellets, or other fuels specifically permitted by the manufacturer's instructions, such as fuel oil, natural gas, or propane backup. D. Corn or pelletized fuel shall at all times be stored in securely- covered bins or enclosures so as to prevent the attraction of rodents or other vermin. -1- Subd. 4. Existing hydronic furnaces. Existing hydronic furnaces must conform to all requirements of Subdivision 3 above after 90 days from the effective date of the ordinance enacting this section. Subd. 5. Penalties. Violation of the requirements of this section or of the requirements of a mechanical permit authorized under this section, or permitting such violation, will subject the property owner and /or operator of the outdoor furnace to one or both of the following penalties: A. Cease and desist order. A cease and desist order may be issued by the City Department of Building Safety. Such order shall state the violation(s) and shall require the property owner and /or operator of the outdoor furnace to discontinue use of the outdoor furnace until each violation is eliminated and the cease and desist order is withdrawn. B. Criminal prosecution. Violation of any requirement of this section is hereby declared to be a petty misdemeanor. Violation of a cease and desist order authorized by this section is hereby declared to be a petty misdemeanor. Each incident of violation may be deemed to constitute a separate violation. SECTION II. That this ordinance shall take effect and shall be in force 30 days from and after its adoption, approval, and publication. Adopted by the City Council of the City of New Ulm this 16th day of September, 2008. President of the City Council Attest: Finance Director /City Clerk- Treasurer Approved by the Mayor of the City of New Ulm this 16 day of september, 2008. Mayor -2- AMENDING ORDINANCE # ORDINANCE AMENDING SECTION 302 OF THE NEW PRAGUE ZONING ORDINANCE #187 BY ADDING A DEFINITION FOR OUTDOOR WOOD -FIRED BOILERS AND ADDING SECTION 731 BANNING THE INSTALLATION OF OUTDOOR WOOD -FIRED BOILERS, NEW PRAGUE, MINNESOTA WHEREAS, The City of New Prague Planning Department is requesting an amendment to Section 302 oftheNew Prague Zoning Ordinance 4187 by adding a definition for outdoor wood - fired boilers and adding Section 731 banning the installation of outdoor wood -fired boilers; and, WHEREAS, the New Prague Planning Commission has completed a review of the application and made a report pertaining to said request. A copy of said report has been presented to the City Council; and, WHEREAS, the New Prague Planning Commission on the 22nd day of March, 2006, following proper notice held a public hearing regarding the request, and following due consideration of presented testimony and information, voted 3 - I to forward the matter to the City Council with a recommendation for approval; and, WHEREAS, the New Prague City Council on the 3 rd day of April, 2006 and the 17 day of April, 2006 discussed an ordinance banning the outdoor wood fired boilers as well as an ordinance regulating the outdoor wood fired boilers and ultimately referred the matter back to the Planning Commission for further review; and, WHEREAS, the New Prague Planning Commission on the 24 day of May, 2006 reiterated their previous recommendation by forwarding the matter to the City Council once again with a unanimous vote with a recommendation for approval for a ban on the installation of the outdoor wood -fired boiler units; and, WHEREAS, the New Prague City Council finds: 1. The ordinance amendment complies with the purpose and intent of the New Prague Comprehensive Plan. 2. The ordinance amendment provides for the banning of the installation of Outdoor Wood - Fired Boilers which have been determined to be a threat to the public health, safety and welfare of the residents of the City because of the pollutants in the emissions from the units. NOW, THEREFORE BE IT ORDAINED, by the City Council of New Prague, Minnesota, that the amendment to Section 302 and addition of Section 731 to the New Prague Zoning Ordinance 4187 is hereby approved as written on the attached sheet: This Zoning Ordinance Amendment shall become effective upon its publication. Passed this day of , 2006. Craig Sindelar, Mayor State of Minnesota ) )ss. (CORPORATE ACKNO ILEDGMENT) County of Scott & Le Sueur ) Subscribed and sworn before me, a Notary Public this day of_, 2006. Notary Public ATTEST: Jerome Bohnsack, City Administrator State of'Minnesota ) )ss. (CORPORATE ACKNO RTEDGMENT) County of Scott & Le Sueur ) Subscribed and sworn before rue, a Notary Public this day of 2006. Notary Public Add the following definition to Section 302 of the Zoning Ordinance. Outdoor Wood -Fired Boiler A fuel burning device designed: (1) to burn primarily wood by hand - firing; (2) not to be located inside structures ordinarily occupied by humans; and, (3) to heat spaces or water by the distribution through pipes of a fluid heated in the device, typically water. Examples of common uses of outdoor wood -fired boilers include: residential or commercial space heating, heating of domestic hot water, and heating of water for swimming pools, hot tubs or whirlpool baths. Add the following as a neiv section 731 to the Zoning Ordinance titled "Outdoor Wood -Fired Boilers ". 731 Outdoor Wood -Fired Boilers Purpose: It is generally recognized that the types of fuel used, and the scale and duration of burning by outdoor wood burning furnaces, creates noxious and hazardous smoke, soot, flames, 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 article, it is the intention of the City of New Prague to establish and impose restrictions upon the construction and operation of outdoor wood burning furnaces within the limits of the City for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the City and its inhabitants. Prohibition: No person shall install or allow the installation of an Outdoor Wood -Fired Boiler as defined in this Zoning Ordinance within the New Prague City Limits. City of Forest Lake, MN § 153.260 OUTDOOR WOOD BOILER SYSTEMS. (A) Purpose. This section is intended to ensure that outdoor wood boiler systems are utilized in a manner that does not create a public nuisance and is not detrimental to the health, safety and general welfare of the residents of the city. (B) Definitions. For purposes of this section, the following terms shall have the definitions indicated unless the context clearly calls for or indicates a different meaning: (1) CLEANFUEL. Natural dry wood which has not been painted, varnished or coated with a similar material, has not been pressure - treated with preservatives and does not contain resins or glues as in plywood or other composite wood products and other Environmental Protection Agency approved fuels. (2) OUTDOOR WOOD BOILER SYSTEM. An appliance installed out -of -doors and designed to transfer or provide heat, via liquid or other means, through the burning of clean fuel for heating purposes. OUTDOOR WOOD BOILER does not include a fire pit or wood -fired barbeque. (3) PUBLIC NUISANCE. Any PUBLIC NUISANCE as defined in §96.01. (C) Area of operation. An outdoor wood boiler system may be installed and used in the Conservancy, Agriculture, Rural Residential and Industrial Zoning Districts only. (D) Certificate of Compliance. A Certificate of Compliance shall be obtained from the city prior to installing, altering or relocating a wood boiler system. (E) Application for a Certificate of Compliance. (1) An Application for a Certificate of Compliance shall be made to the city upon forms furnished by the city. The application shall include the following data: (a) Name and address of applicant and property owner; (b) Legal description of the property; (c) A site plan or survey, if deemed necessary by the city, illustrating the dimensions of the property, including location of buildings and the wood boiler relative to the lot lines and distances from neighboring residences that are within 300 feet; and (d) Manufacturer's specifications for installation. (2) All Applications shall be accompanied by an application fee. City of Forest Lake, MN (F) Application for Building Permit. A building permit must be obtained to assure that all outdoor wood boiler systems meet all building and fire codes, and manufacturer's specifications for installation. (G) Minimum requirements for all outdoor tivood boiler systems. (1) All requirements for installation and maintenance shall be met including but not limited to local, state and federal regulations and manufacturer's specifications. (2) An outdoor wood boiler system shall be located at least 300 feet from any residence or principal building which is not on the same property as the outdoor wood boiler system. (3) An outdoor wood boiler system shall only be placed in a location meeting the minimum required setbacks of an accessory structure within the applicable zoning district. (4) An outdoor wood boiler system shall have an attached permanent stack extending 2 feet higher than the roof line of the structure being served and residential or principal buildings within a 500 -foot radius of the wood boiler system. (5) An outdoor wood boiler system shall not be operated or maintained in a manner which creates a public nuisance. (6) An outdoor wood boiler system shall burn clean fuel only. An outdoor wood boiler system shall not be operated in a manner which creates any dense smoke, noxious fumes or noxious gas or releases soot or cinders in unreasonable quantities. (7) An outdoor wood boiler system shall be equipped with properly functioning spark arresters. (8) An outdoor wood boiler system may not be operated from April l to October 1 in each year. (H) Right of entry and inspection. (1) An officer, agent, employee or representative of the city may inspect any property for the purpose of ascertaining compliance with the provisions of this section. (2) If the city determines that the operation of a wood boiler system is creating a nuisance or is being operated in a manner hazardous to persons or property, or not meeting the requirements of this section, the city may revoke the Certificate of Compliance after a hearing is held by the City Council upon 10 days written notice given to the owner. (I) Existing outdoor wood boiler systems. Outdoor wood boiler systems installed prior to the adoption of this section shall be operated in compliance with the minimum requirements of this section except that the distance requirement of division (G)(2) above shall not apply; and for any existing outdoor wood boiler system not located in a Conservancy, Agriculture or Rural City of Forest Lake, MN Residential District, the requirements of division (C) above shall not apply. The owner(s) of the property on which the outdoor wood boiler system is installed shall make an application for a Certificate of Compliance within 30 days of adoption of this section. (Ord. 570, passed 12 -10 -2007) THE CITY COUNCIL OF THE CITY OF BATTLE LAKE, OTTERTAIL COUNTY, MINNESOTA DOES ORDAIN: SECTION 1. Purpose This ordinance is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the City of Battle Lake by regulating the air pollution and fire hazards of outdoor fire boilers. SECTION 2. Applicability This ordinance applies to all outdoor fire boilers within the City of Battle Lake. 2.1 This ordinance does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances. 2.2 This ordinance does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation. 2.3 This ordinance does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities. 2.4 This ordinance does not apply to campfires; a small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse. SECTION 3. Definitions 3.1 "External solid fuel -fired heating device" means a device designed for external solid fuel combustion so that usable heat is derived for the interior of a building and includes solid fuel -fired stoves, solid fuel -fired cooking stoves, and combination fuel furnaces or boilers which burn solid fuel. Solid fuel -fired heating devices do not include natural gas -fired fireplace logs or wood - burning fireplaces or wood stoves in the interior of a dwelling. 3.2 "Stacks or chimneys" means any vertical structure incorporated into a building and enclosing a flue or flues that carry off smoke or exhaust from a solid fuel- fired heating device, especially the part of such a structure extending above a roof. 3.3 "Person" means an individual, partnership, corporation, company or other association. 3.4 "Refuse or garbage" means any waste material except trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter. This would include but not be limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes; asphalt and products containing asphalt; treated or painted wood including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives; any plastic material including but not limited to nylon, PVC, ABS, polystyrene or urethane foam and synthetic fabrics, plastic films and plastic containers; rubber including tires and synthetic rubber -like products. SECTION 4. Permit required 4.1 The City of Battle Lake requires any person to obtain a permit for any external solid fuel -fired heating device or external storage unit that is sold, purchased or installed after the this ordinance becomes effective. 4.2 Installation should be made and inspected by a licensed contractor who is knowledgeable about the type of system being installed. SECTION 5. Other requirements upon the effective date of this ordinance 5.1 All external solid fuel -fired heating devices, used, installed or purchase within the city limits of Battle Lake, Minnesota, are required to meet emission standards currently required by the Environmental Protection Agency (EPA) and Underwriters Laboratories (UL) listing. No person shall use an external solid fuel -fired heating device in violation of this paragraph. 5.2 All outdoor external solid fuel -fired heating devices and storage units are subject to public nuisance as described in Ordinance #93. 5.3 Any dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities, or any use of an external solid fuel -fire heating device to burn solid fuels other than those solid fuels for which the external solid fuel -fired heating device was designed, is declared a public nuisance. (see Chapter 93.02 definition of Public Nuisances Affecting Health, item 9) 5.4 The outdoor external solid fuel -fired heating devices shall not be located less than 50 feet from any combustible or structures. Clearance may be reduced to 20 feet provided that the unit is enclosed in a noncombustible building (steel or concrete). The outdoor external solid fuel -fired heating device shall be located at least 500 feet from the nearest building which is not on the same property as the unit. Persons should check with their individual insurance carrier for any required limits that do not comply with this paragraph and inform the city clerks' office of individual policy requirements. 5.5 All stack or chimneys must be so constructed to withstand high winds or other related elements and according to the specifications of the manufacturer of the external solid fuel -fired heating device. The stack height shall be a minimum of (20 feet)(maximum 40 feet) above ground level, but shall also extend at least as high as the height of the roofs of residents within 500 feet. All stacks or chimneys must be of masonry or insulated metal with a minimum 6 inch flue. A factory -built or masonry chimney with a spark arrester screen is also required. No person shall use an external solid fuel -fired heating device in violation of this paragraph. 5.6 Only fuels designed for burning in an external solid fuel -fired heating device may be burned. No garbage or refuse may be burned in an external solid fuel -fired heating device. No person shall use an external solid fuel -fired heating device in violation of this paragraph. 5.7 Ashes removed from a wood heating appliance may contain hot (live) embers which remain live for days. Ashes must be placed in a metal container equipped with a lid or cover. 5.8 Wood /fuel must be stored at least 48 inches away from the external solid fuel- fired heating device. The areas surrounding said unit must be kept clear of combustibles or wood chips, bark and debris. SECTION 6. Severability If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining potions of the ordinance. SECTION 7. Liability A person utilizing or maintaining an outdoor fire boiler shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire. SECTION 8. Penalty Any person convicted or violating a provision of this ordinance is guilty of a misdemeanor and shall be punished by fine of at least $150.00 per occurrence plus the costs of prosecution in any case. SECTION 9. Effective date This ordinance shall take effect upon its passage and publication. Passed and adopted by the Battle Lake City council this 8th day of July, 2008. City of Aspen - Environmental Health - Fireplace Info Page 1 of I City Hall 130 S. Galena Street 2nd Floor Aspen, CO 81611 Hours: 8:00am - 5:00pm (M - F) Q CONTACT US VIA WEB Q SEND E -rAAIL 0 Phone: (970) 920-5039 R Em ployee Lis ting Printer - Friendly Department Information • This de partment • All de partments http:// www. aspenpitkin. com /depts /44 /air_fireplaceinfo.efm 2/9/2009 City Departments County Departments Search 0 Department Pages go to Advanced Search Environmental Health • be • Air Quality Fireplace Information • Construction • Employee eios City of Aspen Fireplace and Woodstove Regulations • Environmental Leadership When building or remodeling, please remember the following restrictions apply in the City of Aspen. • FAQ • Global - Warming New buildings • ZGr een • May have either 2 gas log fireplaces or 2 certified woodstoves or 1 of each and an unlimited numbers of decorative gas appliances. Then • Noise fuel designed to appear as a real fireplace with either a 4 to 5 inch Class B vent or direct vent, fixed glass and a firebox no deeper than 2 • Re clin /w_aste —_g cannot be installed, nor may coal be used as fuel. Reduction • Related Sites Remodeling or an adding to an existing home • Restaurants • Smuggler Sup erfund • If you have 2 or more fireplaces or uncertified wood stoves, the only devices you can add are an unlimited number of decorative gas app • Sp ecial Event . If you have 1 fireplace or uncertified woodstove you may add 1 gas log or certified woodstove and an unlimited number of decorative ga • Monthl Topic • If you alter the firebox of a fireplace, it must be converted to gas logs. • Water Qtmality • If an uncertified woodstove is moved, it must be removed or replaced with a department certified device. • West Nile Virus /Disease Prevention City Hall 130 S. Galena Street 2nd Floor Aspen, CO 81611 Hours: 8:00am - 5:00pm (M - F) Q CONTACT US VIA WEB Q SEND E -rAAIL 0 Phone: (970) 920-5039 R Em ployee Lis ting Printer - Friendly Department Information • This de partment • All de partments http:// www. aspenpitkin. com /depts /44 /air_fireplaceinfo.efm 2/9/2009 Pitkin County - Environmental Health and Natural Resources - F ireplaces/Wood stoves W City Departments County Departments o Department Home o Air Quality o Consumer Protection o Disease Prevention o Eli /NR Department Fees o Insects • Guide to Rural Living in Pitkin County p • Noise • Onsite Wastewater Treatment • Retail Food Safety (Restaurants) • Smuggler Su perfund Site • Water Resou rces • De partment Forms Air Quality • " itive Du • Mold • Radon • Asbestos Schultz Health and Human Services Building 0405 Castle Creek Road Suite 10 Aspen, CO 81611 Hours: By Appointment Only Please Call Staff See(Employee Listing) Q CONTACT US VIA WEB Q SEND E -MAIL © Phone: (970) 920 -5070 (970) 920 -7825 TDD /TTY IM Fax: (970) 920-5077 Employ Listin Printer - Friendly Department Information: • This department • All de Environmental Health and Natural Resources Fireplaces/ Woodstoves Page 1 of 2 F I Search 0 go to Advanced Search Protection of air quality is important in Pitkin County. As a result, the County regulates the number of fireplaces and woodstoves that can be placed in buildings. Applicants for a Building Permit must file a fireplace /woodstove registration with the County's Building Department before a Building Permit will be issued. To determine the regulatory requirements for your property, the first thing you will need to determine is the parcel's 12 -digit identification number, or "Parcel ID ". This number can be obtained from the Pitkin County Assessors Office by calling (970) 920- 5160, or it can be search online If the first 6 digits of your Parcel ID are listed in the following list, the property is in the former PM -10 Non - Attainment Area of the County (currently designated as an Attainment/ Maintenance Area): Parcel ID Number 2737 -29 2735 -22 2737 -28 2737 -21 2737 -20 2737 -19 2737 -18 2737 -08 2737 -07 2737 -06 2735 -15 2735 -14 2735 -13 2735 -12 2735 -11 2735 -03 2735 -02 2735 -01 2641 -31 2643 -36 2643 -35 2643 -34 2643 -27 If the first 6 digits of your Parcel ID are not listed above, the property is in the Attainment Area of the County. Once you determine if your property is in the former Non - Attainment Area or the Attainment Area, you can determine the County's fireplace /wood Building Department registration form online. p- Requirements for the Former Non - Attainment Area. The former Non - Attainment Area includes areas of the county near Aspen, like Mountai Campground, T Lazy Seven Ranch, the AABC and parts of Starwood. New Residential Building: a The building may have either 2 gas log fireplaces or 2 certified woodstoves, or 1 of each. The building may also have an unlimited number Fireplaces and woodstoves cannot be installed. Remodeling, or an addition to an existing residential building: • If the building has 2 or more fireplaces, woodstoves, gas log fireplaces, or certified wood stoves, the only devices that can be added are df • If the building has 1 fireplace, woodstove, gas log fireplace, or certified woodstove, then 1 gas log fireplace or 1 certified woodstove and a gas appliances may be added. • If the building has more than 2 fireplaces, woodstoves, gas log fireplaces, or certified woodstoves, and one is affected by the remodel, it n • If the building has only 1 or 2 fireplaces, woodstoves, certified woodstoves, or gas log fireplaces: • If you alter the firebox of a fireplace, it must be converted to gas logs, or removed. • If a woodstove is moved, it must be removed or replaced with a certified woodstove. Restaurants, skier service and lodge buildings may have 1 gas log fireplace and unlimited decorative gas appliances. Coal may not be used as fuel in any solid fuel burning device. Requirements for the Attainment Area. New Residential Building: • The building may have 1 fireplace or woodstove and 1 gas log fireplace or certified woodstove. If there is no fireplace or woodstove, the bI fireplaces or 2 certified woodstoves, or 1 of each. The building may also have an unlimited number of decorative gas appliances. Remodeling, or an addition to an existing residential building: • If the building has 1 fireplace or woodstove, 1 gas log fireplace or certified woodstove and an unlimited number of decorative gas appliano • If the building has more than 2 fireolaces or woodstoves, if one is affected by the remodel. it must be removed. http:// www. aspenpitkin .com /depts /12 /fireplaces.cfm 2/9/2009 Pitkin County - Environmental Health and Natural Resources - Fireplaces /Woodstoves Page 2 of 2 If the building has only 1 or 2 fireplaces, woodstoves, certified woodstoves, or gas log fireplaces: • If the firebox of a fireplace is altered, and there is already another fireplace or woodstove, the fireplace must be converted to gas li • If a woodstove is moved, it must be removed or replaced with a certified woodstove. Restaurants, skier service and lodge buildings may have 1 gas log fireplace and unlimited decorative gas appliances. Coal may not be used as fuel in any solid fuel burning device. Definitions. Certified Woodstove means a Colorado Phase III certified wood- burning device, or a Phase II EPA certified woodstove. Decorative Gas Appliance means a device utilizing natural gas as a fuel designed to appear as a real fireplace with a 4 - 5" Class B vent, fixec deeper than 24 ". Fireplace means a traditional wood burning fireplace. Gas Log Fireplace means a fireplace designed and constructed to be serviced by natural gas, containing an approved gas log set, and not desi combustion of any solid fuel, including wood. Woodstove means a woodstove or other wood- burning device that is not a "certified woodstove" Other Devices. Outdoor Fire Pits are not prohibited. Decorative or Antique Stoves which are not connected with a flue (and are therefore inoperative) are not considered "woodstoves ". Information on Approved Residential Burning Devices. Colorado Certified Residential Burning Devices: w_ww.cdp_he. state. co. us /ap/ down /coloradoapproveds_t_o_ves.pdf (This list only includes pellet stoves and masonry heaters. For other app below.) EPA Certified Residential Burning Devices: www.epa. gov / compliance /resources /publications /monitoring /caa /woodstoves /certifiedwood.pdf Information on Health Effects of Wood Smoke. www.ep_a. gov /woo_ dstoves/ hea ltheffects. htm http://www.aspenpitkin .corn /depts /12 /firepIaces.cfin 2/9/2009 CHESTNUTHILL TOWNSHIP OUTDOOR WOOD -FIRED BURNER/FURNACE DRAFT ORDINANCE BE IT ORDAINED AND ENACTED by the Supervisors of Chestnuthill Township, Monroe County, Pennsylvania, pursuant to the general powers permitted by the Second Class Township Code (53 P.S. Section 65101), the following: Section 1. — Title. This Ordinance shall be known as the " Chestnuthill Township Outdoor Wood -Fired Burner/Furnace Ordinance." Section 2. — Legislative Intent. Although outdoor wood -fired burners /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 Ordinance is intended to ensure that outdoor wood -fired burners /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 Chestnuthill Township. Section 3. — Authority. This Ordinance is ordained and enacted under the authority granted by sections 1601 and 1529 of the Second Class Township Code, 53 P.S. Sections 66601 and 66529. Section 4. — Definitions and Word Usage. CLEAN WOOD — wood that does not have paint, stains, or other types of coatings, and wood that has not been treated with substances, including but not limited to, copper arsenate, creosote, or pentachlorophenol, and wood pellets made from clean wood. CODE ENFORCEMENT OFFICER — The Zoning Officer or other person appointed by the Supervisors to administer and enforce this Ordinance whose duties shall include responding to resident questions and complaints and performing other tasks as the Township Supervisors may assign. EXISTING OUTDOOR WOOD -FIRED BURNER /FURNACE — An Outdoor Wood -Fired Burner /Furnace that was purchased and installed prior to the effective date of this Ordinance. OUTDOOR WOOD -FIRED BURNERS /FURNACES — a fuel burning device designed to (1) burn wood or other manufacturer approved fuel products (i.e. corn and coal); (2) that the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., garages); and (3) heats building space and /or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water /antifreeze mixture. PERSON — Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, governmental entity or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. STACK or CHIMNEY — Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel fired heating device or structure, including that part of the structure extending above a roof. Section 5. — Permits Required. Installation Permit: Any person desiring to install an outdoor wood -Aired burner /furnace within Chestnuthill Township shall obtain a permit from the Code Enforcement Offer and shall pay a permit fee set by the Township Supervisors by resolution. Uniform Construction Code Permit: The applicant must obtain a Uniform Construction Code permit for the installation of the outdoor wood -fired burner /furnace and its connection to the mechanical system of the structure it will serve. Annual Operating Permit: The owner of the lot upon which an outdoor wood -fired burner /furnace is located shall apply for an annual operating permit. This permit is required each calendar year after the initial installation of the outdoor wood -fired burner /furnace. The permit shall be valid for the period frorn January I st through December 31 The owner shall pay all fees imposed by Chestnuthill Township for the application for such operating permit and the inspection of the outdoor wood -fired burner /furnace to determine compliance with this ordinance. Section 6. — Suspension of Permit. A permit issued pursuant to this Ordinance may be suspended as the Code Enforcement Officer or other person appointed by the Governing Body to administer and enforce this Ordinance may determine to be necessary to protect the public health, safety and welfare of the residents of Chestnuthill Township if any of the following conditions occur: 1. Malodorous air contaminants from the Outdoor Wood -Fired Burner /Furnace are detectable outside the property of the person on whose land the Outdoor Wood -Fired Burner /Furnace is located; 2. The emissions from the Outdoor Wood -Fired Burner /Furnace interferes with the reasonable enjoyment of life on neighboring property; The emissions from the Outdoor Wood -Fired Burner /Furnace cause damage to vegetation on neighboring property; 4. The emissions from the Outdoor Woad -Fired Burner /Furnace are or may be harmful to human or animal health, 5. The burning of any material referenced in Section 10.2 of this ordinance. 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 Ordinance Subject to the penalties provided within this Ordinance. Section 7. — Existing Outdoor Wood -Fired Burners /Furnaces. Any Outdoor Wood -Fired Burners /Furnaces in existence on the effective date of this Ordinance shall be permitted to remain, provided that the owner applies for and receives a permit from the Code Enforcement Officer within 6 months of the effective date of this Ordinance. Permit requirements will include providing proof of compliance with Section 8.4 of this ordinance and evidence of a Uniformed Construction Code inspection for the stack installation. if the owner of an existing Outdoor Wood -Fired Burner /Furnace does not receive a permit within 6 months of the effective date of this Ordinance, the Outdoor Wood -Fired Burner /Furnace shall be removed and is subject to the regulations provided for in Section 1 l of this Ordinance. Section 8. — Installation of Outdoor Wood -Fired Burners /Furnaces. Any person desiring to install an outdoor wood -fired burner /furnace within the municipality shall obtain a permit from the Code Enforcement Officer. The applicant for such a permit shall meet the following requirements: 1. Present a plan showing all property lines, the locations and distances of all dwellings or occupied buildings on adjoining properties, and the proposed location of the outdoor wood -fired burner /furnace. 2. Locate the outdoor wood -fired burner /furnace at least 200 feet from any occupied structure not located on the lot on which the outdoor wood -fired burner /furnace will be located. 3. Locate the outdoor wood -fired burner /furnace at least 175 feet from all property lines. 4. The outdoor wood -fired burner /furnace shall have a stack or chimney that extends to a minimum height of the residential structure roof peak of which the outdoor wood -fired burner /furnace is servicing plus two (2) feet. If there are any residential structures within 200 feet, the stack or chimney shall extend at least as high above the ground surface as the height of the roof peaks of all such residences plus two (2) feet. The maximum height of the outdoor wood -fired burner /furnace stack or chimney shall not exceed fifty (50) feet and shall not exceed the maximum height requirement in that specific zoning district. 5. Present evidence that the applicant has obtained a Uniform Construction Code permit for the installation of the outdoor wood -fired burner /furnace and its connection to the mechanical system of the structure it will serve. Provide a copy of the manufacturer's specification and instructions, which the applicant agrees to comply with and not alter at any time. 7. Demonstrate that the outdoor wood -fired burner /furnace has been laboratory tested and listed to comply with appropriate safety standards such as UL (Underwriters Laboratories) or ANSI (American National Standards Institute) standards. 8. All outdoorwood -fired burners /furnaces shall be equipped with properly functioning spark arrestors. The application shall be signed by all owners of the lot on which the outdoor wood -fired burner /furnace will be located and the contractor installing the outdoor wood-fired burner /furnace. Section 9. — Replacements. If an Outdoor Wood -Fired Burner /Furnace is replaced or upgraded, a permit shall be required pursuant to Section 5 of this Ordinance and shall comply with all sections of this Ordinance. Section 10. — Use of Outdoor Wood -Fired Burner /Furnace. 1. The only substance that may be burned in an Outdoor Wood -Fired Burner /Furnace is clean wood (see definition, Section 4 of this Ordinance). 2. No person shall burn any of the following in an Outdoor Wood -Fired Burner /Furnace: a. Any wood that does not meet the definition of clean wood. b. Tires. c. Lawn clippings or yard waste. d. Rubbish or garbage, including but not limited to food wastes, food and beverage packaging, or food wraps. e. Materials containing plastic. f. Materials containing rubber. g. Waste petroleum products. h. Paint and paint thinners. i. Any type of paper /cardboard. j. Construction and demolition debris. k. Plywood or other composite wood products. 1. Particleboard. m. Manure. n. Animal carcasses. o. Asphalt products. p. Used cooking oils. 3. The Outdoor Wood -Fired Burner /Furnace shall at all times be operated and maintained in accordance with the manufacturer's specifications. 4. The Outdoor Wood -Fired Burner /Furnace shall be maintained and operated in compliance with all federal, state and local requirements. 5. Any ash or other by- products from the operation of the Outdoor Wood -Fired Burner /Furnace shall be disposed of in accordance with all applicable laws. Section 11. — Operation Schedule. Outdoor Wood -Fired Burners /Furnaces shall be operated only between October I st and May 31 except that any Outdoor Wood -Fired Burners /Furnaces located 1,000 feet from the nearest occupied structure or more may be operated throughout the calendar year. Section 12. — Enforcement and Penalties. 12.1 Enforcement Officer The Board of Supervisors shall appoint an individual, agency or firm to serve as the Enforcement Officer who shall be responsible for enforcing the terms of this ordinance. 12.2 Duties of Enforcement Officer A. Inspection- The Enforcement Officer, and any other individual representing the Township whose presence is necessary to complete the inspection, may inspect any premises, building or structure in accordance with Section 12.3 of this ordinance to determine whether or not a violation of this Ordinance exists. B. Action- Whenever an inspection discloses a violation of this ordinance, the Enforcement Officer shall prepare a report detailing the violation and a recommendation regarding how the violation can be corrected. the Enforcement Officer, upon authorization by the Board of Supervisors, shall issue a written notice to the owner and /or the occupant of the premises as set forth in Section 12.4 along with a copy of the report. C. Hearing Appearance- The Enforcement Officer shall appear at all hearings conducted in accordance with Section 12.6 and testify as to the violation. 12.3 Inspections; Permission The Enforcement Officer, and any other agent so authorized by the Board of Supervisors, may inspect any premises to determine whether any violations of this ordinance exist. Prior to entering upon any property to conduct an inspection, the Enforcement Officer shall obtain the permission of the owner or occupant of the property to conduct the inspection. If after due diligence, the Enforcement Officer is unable to obtain such permission, the Enforcement Officer shall have the authority to conduct the necessary inspection in accordance with this Ordinance and the applicable laws of the Commonwealth, and, if necessary, petition a competent court with jurisdiction for a court order authorizing the inspection. If a court orders the inspection, the defendant named in the order shall reimburse the Township for the costs of filing the petition and reasonable attorney's fees. 12.4 Notice of Violation Whenever an inspection discloses that a violation of this Ordinance exists, the Enforcement Officer shall, upon authorization by the Board of Supervisors, issue a Notice of Violation to the owner and /or occupant of the premises. The Notice shall: A. Be in writing B. Include a statement of the reasons why the Notice is being issued C. Contain a copy of the Enforcement Officer's inspection report detailing the conditions constituting the violation, contain an outline of the remedial action required to come into compliance with the Ordinance and state a reasonable time to rectify the violation. A Inform the owner of the right to request a hearing before the Board of Supervisors as set forth in Section 12.6. E. Inform the owner /occupant that should there be a failure to comply with the Notice or request a hearing, the individual(s) will be subject to the penalties set forth in Section 12.7 of the Ordinance, and the costs and expenses, including attorney's fees, of enforcing the terms of the Ordinance. Except in emergency cases, the Notice shall be sent by registered mail or by certificate of mailing, or personally delivered to the owner and /or occupant of the premises upon which the violation exists. Where the owner is absent from the Township, all notices shall be deemed to be properly served if a copy of the Notice is served upon the owner personally, a copy of the Notice is sent by registered mail or by certificate of mailing to the last known address of the owner, regardless of proof of receipt, and is posted in a conspicuous place on or about the premises affected by the Notice or the owner is served with such notice by any other method authorized under the laws of the Commonwealth of Pennsylvania. 12.5 Emergency Cases Whenever the Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health, safety and welfare, he /she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as is necessary to correct the violation and eliminate the emergency. Notwithstanding the other provisions of this Ordinance, such order shall be effective immediately. 12.6 Hearings A. Right To Hearing- Any person affected by any Notice which has been issued in accordance with the enforcement of any provision of this Ordinance, may request and shall be granted a hearing on the matter before the Board of Supervisors provided that such person file a written request for the hearing within ten (10) days after service of the Notice. The request shall contain a brief statement regarding the reasons for the request. B. Scheduling and Conduct of the Hearing- Upon receipt of a request for a hearing, a time and place for the hearing shall be scheduled and advertised in accordance with applicable municipal requirements. All hearings shall be conducted in accordance with the Local Agency Act. The hearing shall be scheduled no later than sixty (60) days after the day on which the request was received. At the hearing, the person requesting the hearing shall be given the opportunity to be heard and show cause why the violation described in the Notice should not be abated. C. Board Action- After such hearing the Board shall issue a written decision sustaining the Notice, modifying the Notice and attaching conditions or withdrawing the Notice. if the Board sustains the Notice, it shall be deemed to be a final order effective immediately. D. Right To Appeal- Any aggrieved party may appeal the final order to the Court of Common Pleas of Monroe County in accordance with the provisions of the Local Agency Act. Such appeal shall not constitute a stay from the requirements of the final order unless an order to that effect is obtained from the court. E. Fees- The person requesting the hearing shall pay the fee for such hearing as may be established by resolution of the Board of Supervisors. 12.7 Remedies and Penalties Any person who has violated or permitted the violation of any provisions of this Ordinance shall upon judgment thereof by any Magistrate District Judge be sentenced to pay a fine of not less than one hundred dollars ($100), nor more than one thousand dollars ($1000), for each day the violation exists after notice from the township together with the costs of suit; and /or shall be committed to the Monroe County prison for a period not to exceed thirty (30) days. Each day of violation shall be a separate offense, for which a separate conviction may be sought. All judgments, costs, interests and reasonable attorney fees collected for a violation of this Ordinance shall be paid over to the Township. In addition to the fines, judgments, costs and /or imprisonment remedies set forth above, the Township reserves the right to pursue all other available remedies at law or in equity under the laws of the Commonwealth of Pennsylvania. Section 13. — Municipality Exempt from Liability. The Chestnuthill Township, and its agents, officials and representatives, shall not, under any circumstances, be liable or responsible for damages caused to any person or property by reason of the issuance of any permit under the provisions of this Ordinance, or by reason of the conduct of any burning activity in compliance with the terms and provisions of this Ordinance. The person or party responsible for any such bunging activity shall bear sole liability of any damages caused as a result thereof. Section 14. — Severability. The provisions of this Ordinance are severable. If any sentence, clause or section is for any reason found to be unconstitutional, illegal or invalid, such decision shall not affect the validity of any of the remaining provisions of this Ordinance. It is hereby declared as the legislative intent that this Ordinance would have been adopted had such unconstitutional, illegal or invalid provisions not been included herein. Section 15. — Repealer. All ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed. Section 16. — Effective Date. This Ordinance shall take effect five (5) days after the date of its enactment. Ordained and Enacted into an Ordinance at a regular meeting of the Supervisors of Chestnuthill Township, Monroe County, Pennsylvania, this day of , 200. Supervisors of Chestnuthill Township ATTEST; Bayard ordinance would regulate outdoor wood burning - Keyser, WV - Mineral Daily News - Tribune Bayard ordinance would regulate outdoor wood burning rrmaMMAP IMIN AtCE The helpful place. Hardware Cannon's Ace Hardware Rt. 220 Keyser, WV • (304) 788.2125 By JEAN BRAITHWAITE News- Tribune Mon Jan 05, 2009, 12:47 PM EST BAYARD, W.V.a. - Page 1 of 2 BAYARD — The final reading of an ordinance that will regulate the use of outdoor wood furnaces in Bayard was adopted by a unanimous vote of council members and is now on the books of community codes and laws. Mayor Steve Durst stated that at the present there are no outdoor furnaces in Bayard, although several years ago there was one located in the community that caused concern from nearby neighbors about excessive smoke. "This is a health and safety issue for our town and we want to nip this in the bud before any future installed furnaces become a problem," Durst said. After the effective date of January 2, and according to the ordinance, no person living in Bayard may construct, install, or operate an outdoor furnace unless compliances for installation and operation set forth by the manufacturer of the furnaces are fully met. Durst stated that the manufacturer's owner's manual and installation instructions for a proposed new outdoor furnace in the community will need to be reviewed by him as a permit process is initiated. The review will determine the verification of laboratory testing and safety standards of the furnace. Also included in the ordinance is the exact location of the outdoor furnace on the owner's property. The furnace must be at least 25 feet from adjacent property lines and at least 100 feet from any residence not served by the furnace. Durst mentioned that it could be difficult to install an outdoor stove in the community because the average building lot size is 40 feet by 90 feet, although some residents have a combination of several lots together to make a larger area for their homes. The height of the chimney is covered in the ordinance and must extend at least two feet above the peak of any residence situated within 300 feet and not served by the furnace. If future new construction should take place within the 300 feet limit and not serviced by an existing outdoor furnace, the outdoor stove owner will have 30 days to add to the chimney requirements. Specifically named fuel sources for the outdoor furnaces include natural untreated wood, wood pellets, corn products, biomass pellets, or other listed fuels according to the manufacturer's instructions. Among the lengthy listing of prohibited fuels is wood that has been painted, varnished or coated or pressure treated with preservatives and contain glues or resins as in plywood or other composite wood products. Other items not to be burned in the furnaces are garbage, rubbish, food wastes, plastic material as nylon, PVC, polystyrene, urethane foam, rubber including tires, newspapers, cardboard, or any paper with ink or dye products, and coal. Stiff fines can be levied on any furnace owner at $250 for each violation of the ordinance, and if no remedy is handled within a time frame of seven days, additional fines will be given. Comments (0) Login or register to post a comment: http: / /www.newstribune. info /news/ x512373869/ Bayard- ordinance - would- regulate- outdoor - wood - burning 2/9/2009 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, M N 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan nersig)nacplanning.com MEMORANDUM TO: Eric Johnson FROM: Laurie Smith / Scott Richards DATE: March 19, 2009 RE: Oak Park Heights — Outdoor Wood Burning Furnaces; Zoning Ordinance Amendment FILE: 798.04 — 09.01 BACKGROUND Information on outdoor wood burning furnaces was presented to the City Council at their February 24, 2009 meeting. Additional information was requested regarding the EPA's Phase II program and location requirements for outdoor wood burning furnaces. Attached is a proposed Ordinance amendment regulating the use of outdoor wood burning furnaces in the City. ANALYSIS EPA Phase II Program. The EPA Phase II Program is a voluntary program for manufacturers of hydronic heaters (outdoor wood burning furnaces). This program aims to make new hydronic heaters 90 percent cleaner than existing, unqualified heaters. EPA Phase II Program qualified units have a white "hang tag" and emit no more than 0.32 pounds of fine particles per million BTUs of heat output. According to the EPA, most unqualified hydronic heaters emit about 2 pounds of fine particle pollution per million BTUs of heat output. The EPA notes that Phase II qualified units may be a bit more expensive, 15 percent more on average, than non - qualified units. However, the newer models are also more efficient, using less wood to produce the same amount of heat. Location Requirements. Exact location requirements for outdoor wood burning furnaces were not found. Several manufacturers stated that furnaces can be anywhere from 3 feet to 300 feet away from the home being served by the furnace. However, it is noted that a furnace placed 300 feet from the home being served is not as efficient as a furnace placed closer to the home. CONCLUSION /RECOMMENDATION Attached is an ordinance amendment adding a section to the City Code for the regulation of outdoor wood burning furnaces. The proposed amendment would allow for property owners in all zoning districts to install an outdoor wood burning furnace provided that a series of conditions are met include the issuance of an Administrative Permit. The permitting process that is proposed would require notification of surrounding property owners of their neighbor's desire to install such a furnace. City staff is recommending that the City Council review the proposed ordinance amendment at their meeting on March 24, 2009. 2 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 1100 OF THE OAK PARK HEIGHTS CITY CODE TO INCLUDE THE REGULATION OF OUTDOOR WOOD BURNING FURNACES THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA ORDAINS: SECTION 1. Chapter 1124 of the City Code is hereby added to read as follows: 1124.01 Purpose. To promote the health, safety and welfare and to safeguard the health, safety and welfare of the citizens of Oak Park Heights with regards to the potential negative effects from outdoor wood burning furnaces. 1124.02 Definitions. A. "Outdoor Wood Burning Furnace" means a wood -fired furnace, stove or boiler that is not located within a building intended for habitation by humans or animals. B. "EPA Phase II Qualified" means an outdoor wood burning furnace that has been certified by the U.S. Environmental Protection Agency as being EPA Phase II qualified. The furnace has met the Phase II emission requirements and is labeled accordingly. C. "Clean Wood" means natural, dry wood which has not been painted, varnished or coated in any way, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products. D. "Refuse" means any waste material except clean wood. 1124.03 Regulations. A. Administrative Permit Required. Outdoor wood burning furnaces may be allowed in the City subject to the approval of an Administrative Permit. The consideration involving the approval or denial of such permit shall include: a. The notification of immediately abutting property owners (including those located across a street) and an assessment of the possible negative impacts upon such properties. b. The adequacy of the site to accommodate the proposed outdoor wood burning furnace. C. The public health, safety and general welfare concerns posed by the proposed outdoor wood burning furnace. 2. The property owner must submit an application for an Administrative Permit which includes documentation of the type of furnace proposed and a site plan showing proposed furnace location in relation to property lines and existing structures. 3. The Administrative Permit shall be renewed on an annual basis. B. All outdoor wood burning furnaces shall be setback at least 100 feet from all property lines and at least 300 feet from the nearest occupied building not served by an outdoor wood burning furnace. C. All outdoor wood burning furnaces shall maintain chimney height of at least two feet higher than the nearest occupied residence not served by an outdoor wood burning furnace. D. All requirements for installation and maintenance shall be met including, but not limited to, local, state and federal regulations and manufacturer's specifications. E. All outdoor wood burning furnaces installed after the effective date of this ordinance shall be EPA Phase II qualified. F. Only clean wood shall be burned in an outdoor wood burning furnace. G. No more than two cords of wood shall be stored on a property at one time. Wood shall be stored in accordance with Section 401.15.B.14.f of the Zoning Ordinance. H. An outdoor wood burning furnace shall not be operated from April 1 St to October 1 St of each year. I. An outdoor wood burning furnace shall not be operated or maintained in a manner which creates a public nuisance. 1124.04 Right of Entry and Inspection. A. An officer, agent, employee or representative of the City may inspect any property for the purpose of ascertaining compliance with the provisions of this section. B. If the City determines that the operation of a wood boiler system is creating a nuisance or is being operated in a manner hazardous to persons or property, or is not meeting the requirements of this section, the City may revoke Administrative Permit after a hearing is held by the City Council upon ten (10) days written notice given to the property owner. SECTION 2 This Ordinance shall be effective immediately upon its passage and publication. PASSED this day of 2009 by the City Council of the City of Oak Park Heights, Minnesota. CITY OF OAK PARK HEIGHTS David Beaudet, Mayor ATTEST: Eric Johnson, City Administrator