HomeMy WebLinkAbout2009-1125-01 • ORDINANCE NO. 2009 - 1125 -01
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE AMENDING K PARK HEIGHTS
G SECTION 1100 OF THE O
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 1125 of the City Code is hereby added to read as follows:
1125.01 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.
1125.02 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, and
fireplaces and wood stoves that are installed within a principal or
accessory building.
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.
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• 1125.03 Requlations.
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, 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
that extends at least two (2) feet above the highest peak of the
residence for which it serves, or the chimney shall extend at least
two (2) feet above the highest peak of any residence not served by
the furnace within three hundred (300) feet, whichever is greater.
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.
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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 or
maintained in a manner which creates a public nuisance.
I. 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.
1125.04 Riqht 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
i 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 28 day of April 2009 by the City Council of the City of Oak Park Heights,
Minnesota.
C K PAR IGHTS
David Beaudet, Mayor
A
Administrator
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