Machine-extracted (OCR) from the official document — formatting is approximate; the official copy governs.
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text oflaw should be given as amended. Do not include matter being eliminated and do not use tf^lif sCrQ
underlining to indicate new matter.
STWe RECORDS
Town
OEPftR-tWlENT OF STATE
Local Law No. _1 of the year 20
A local law Amending Chapter 230 entitled 'ZONING', Section 230-13A(2)(a) delete [5][6], (b) add
add [3] a n d t 4 W add [7] and (d) add [7] [3] and [4] to (e) add [8], amend Section 230-17 C. 1-1
Industrial 1 District,(2) (c) add [2]; Section 230-17D 1-2 Industrial 2 District, (2) (e) add [4] and
to Section 230-20 add E Outdoor Furnaces.
Be it enacted by the Town Board
(Name of Legislative Bocfy)
of Clay, New York ^^^^^^^
Town
SEE ATTACHED LOCAL LAW
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. 11/99) Page 1 of 3
(Complete the certification in the paragraph that applies to the filing ofthis local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. ^ of 20
09 of
the (County)(City)(Town)(Village) of Clay was duly passed by the
Town Board on October 19th 20 09 , in accordance with the applicable
(Name of Legislative body)
provisions oflaw.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)( not approved)
(Name of Legislative Body)
(repassed after disapproval) by the (Elective ChiefExecutive Officer*) and was deemed duly adopted
on 20 , in accordance with the applicable provisions oflaw.
3, (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20. of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)( not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory )(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 , in accordance with the applicable provisions oflaw.
4. (Subject to permissive referendum and final adoption because no valid petition wasfiledrequesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of20 of
the (County)(City)(Town)(Village) of was duly passed by the
on .20 and was (approved)( not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on. 20 Such local
(Elective ChiefExecutive Officer*)
law was subject to pennissive referendum and no valid petition requesting such referendum was tiled as of
20 , in accordance with the applicable provisions oflaw.
* Elective ChiefExecutive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, ifthere be none,
the chairperson ofthe county legislative body, the mayor ofa city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS-239 (Rev. 1 1/99) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37)
of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city
voting thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and
having received the affirmative vote of a majority ofthe qualified electors of the cities of said county as a unit and a majority
of the qualified electors ofthe towns of said county considered as a unit voting at said general election, became operafive.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner
indicated in paragraph-J , above. 1 ? . / ' ^
• -1| 1/.^^ t k ,A. '. ? i I*A *• \ J'}if\k.
ui . .. • i^ , • ....
Clerk ofthe county legislative body, City, Town or Village Clerk or
olTicer designaled by local legislative body
JILL HAGEMAN-CLARK
(Seal) Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF O N O N D A G A
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have
been had or taken for the enactment of the local law annexed hereto.
Signature
ROBERT M. GERMAIN, TOWN ATTORNEY
„.„y
Title
City^^ Town of Clay
Town
Village
Date:
DOS-239 {Rev. 11/99) Page 3 of 3
LOCAL LAW NO. 4 OF THE YEAR 2009
TOWN OF CLAY
LOCAL LAW NO. 4 OF THE YEAR 2009 AMENDING CHAPTER 230, entitled
"ZONING'\ SECTION 230-13A. RA-100 Residential Agricultural District, subsection (2)[a],
[b], [c] and [e] by adding and deleting categories, SECTION 230-17C. I-l Industrial 1 District,
subsection (2)[c] and [d] and 230-17D. 1-2 Industrial 2 District, subsection (2)[e], by adding new
categories, and to add to, Article IV, Supplemental Regulations, SECTION 230-20 Land Uses
and Structures, paragraph B, Structures, by adding a new paragraph E, to be entitled Outdoor
Furnaces to the code of the Town of Clay.
IT IS ORDAINED AND ENACTED by the Town Board of the Town of Clay, County of
Onondaga as follows:
SECTION L Adds and deletes categories in Section 230-13A, by adding new categories
to Section 230-17C, Section 230-17D, and to add a new paragraph E. Outdoor Furnaces to
Section 230-20B Supplemental Regulations, Land uses and structures to the Code of the Town
of Clay,
The purpose of this Local law 2009-04 adds more uses through the Planning Board Site Plan
and Special Permit approval process; the Town Board Special Permit approval process and optional
advisory referral to the Planning Board process and delete categories from the Office of Planning
and Development issuing building permit process and add a new category to be entided ''Outdoor
Furnaces" to Section 230-20. Land uses and structures, B. structures.
Said Local Law to read as follows:
Town Board passed a resolution at the meeting of August ITth, 2009, calling a public hearing for September 9th, 2009 at 7:35 P.M., local time.
Tovvn Board Meeting September 9'^ 2009, public hearing adjourned to October 5'^ 2009 at 7:35 P.M., local time.
Town Board Meeting held a public hearing on Octobber 5'^ 2009 at 7:35 P,.M., local time
Town Board Meeting October 19'^ 2009 Town Board approved Local Law No. 4 of the Year 2009.
Local Law ?sent to Dept of State November 9'\ 2009.
§ 230.13A ZONING 230.20E(2)
§ 230-13A. RA-100 Residential Agricultural District (based on A-1), (2.) Uses Allowed:
(a) Delete [5] Nursery, commercial.
Delete [6] Greenhouse, commercial.
(b) [3] Nursery, commercial.
[4] Greenhouse, commercial.
(c) [7] Special use.
(e) [8] Outdoor fumace.
§ 230-17 C. I-l Industrial 1 District. (2.) Uses allowed.
(c) [2] Contractor's service yard.
§ 230-17 C. I-l Industrial 1 District. (2.) Uses allowed.
(c) [2] Outdoor fumace.
§ 230-17 D. 1-2 Industrial 2 District. (2.) Uses allowed.
(e) [4] Outdoor fumace.
§ 230-20 Supplemental Regulations Land Uses and structures, B. Structures.
E. Outdoor Furnaces.
(1) Purpose. This local law provides for the implementation of a policy to regulate
outdoor fumaces so that residents and commercial establishments will continue to
have clean air and an environment free of obnoxious odors, noxious fumes and
smells. Although outdoor fumaces may provide an economical altemative to
conventional heating systems, concems 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 chapter
is intended to ensure that outdoor fumaces are utilized in a manner that does not
create a nuisance and is not detrimental to the health, safety and general welfare of
the residents of the Town.
(2) Permits Required. The Town Board shall issue a special permit for the use of an
outdoor fumace, prior to the issuance of any building permits. No person shall
cause, allow or maintain the use of an outdoor furnace within the Town of Clay
-1-
§ 230.20E(2) ZONING § 230.20E(5)
without first having obtained a permit from the Department of Planning and
development. Application for permit shall be made on the forms provided by the
Department of Planning and Development. Upon approval by the code enforcement
officer, a certificate of compliance will be issued,
(3) Specific Requirements.
(a) Permitted fuel. Only firewood and untreated lumber are permitted to be bumed in any outdoor
fumace.
(b) Prohibited substances. Industrial waste, rubber, plastic, used motor oil, toxic chemicals,
contaminated waste, yard waste, household garbage, cardboard and wastepaper, animal waste and
any material prohibited for combustion by federal or state statute.
(c) Permitted zones. Outdoor fumaces shall be permitted only in the RA-100, I-l and 1-2 Zoning
Districts as shown on the Town's Zoning Map.
(d) Minimum lot size. Outdoor fumaces shall be permitted only on lots of three (3) acres or more.
(e) Setbacks. Outdoor fumaces/wood storage shall be set back not less than 100 feet from the nearest
lot line.
(f) Outdoor fumaces shall not be located closer than 25 feet to any other structure.
(g) Months of operation. Outdoor fumaces shall be operated only between September 1 and May 31.
(h) Spark arrestors. All outdoor fumaces shall be equipped with properly functioning spark arrestors.
(i) No outdoor fumace shall be utilized in any manner as a waste incinerator.
(4) Suspension of Permit. A permit issued pursuant to this chapter may be suspended
as the Code Enforcement Officer may determine to be necessary to protect the public
health, safety and welfare of the residents of the Town of Clay if any of the
following conditions occurs:
(a) Emissions from the outdoor fumace exhibit greater than 20% opacity (six minute average),
except for one continuous six-minute period per hour of not more than 27% opacity, which shall
be determined as provided in 6 NYCRR 227-1.3(b);
(b) Malodorous air contaminants from the outdoor fumace are detectable outside the property of the
person on whose land the outdoor fumace is located;
(c) The emissions from the outdoor fumace interfere with the reasonable enjoyment of life or
property;
(d) The emissions from the outdoor fumace cause damage to vegetation or property; or
(e) The emissions from the outdoor fumace are or may be hannful to human or animal health.
A suspended permit may be reinstated once the condition which resulted in suspension is remedied
and reasonable assurances are given that such condition will not recur. Recurrence of a condition
which has previously resulted in suspension of a permit shall be considered a violation of this chapter
subject to the penalties provided in § 230-20 E.(7) hereof.
(5) Nonconforming Outdoor Furnaces. See Section 230-23 Nonconformities
-2-
230.20E(6) ZONING § 230.20E(8)
(6) Enforcement. This chapter shall be enforced by the Code Enforcement Officer of
the Town of Clay.
(7) Penalties For Offenses. Failure to comply with any of the provisions of this chapter
shall be a violation and, upon conviction thereof, shall be punishable by a fine of not
more than $250 for each day or part thereof during which such violation continues.
In addition, any permit issued pursuant to this chapter shall be revoked upon
conviction of a second offense and the subject outdoor fumace shall not be eligible
for another permit. Each day that a violation occurs shall constitute a separate
offense. The owners of prenaises upon which prohibited acts occur shall be jointly
and severally liable for violations of this chapter. Any fine imposed hereunder shall
constitute a lien upon the real property where the outdoor fumace is located until
paid.
(8) Effect On Other Regulations. Nothing contained herein shall authorize or allow
buming which is prohibited by codes, laws, rules or regulations promulgated by the
United States Environmental Protection Agency, New York State Department of
Environmental Conservation, or any other federal, state, regional or local agency.
Outdoor furnaces, and any electrical, plumbing or other apparatus or device used in
connection with an outdoor fumace, shall be installed, operated and maintained in
conformity with the manufacturer's specifications and recommendations and any and
all local, state and federal codes, laws, rules and regulations. In case of a conflict
between any provision of this chapter and any applicable federal, state or local
ordinances, codes, laws, rules or regulations, the more restrictive or stringent
provision or requirement shall prevail.
EFFECTIVE DATE.
This proposed Local Law shall take effect upon filing in the Office of the Secretary of
State.
3-
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