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Notice of Public Hearing: Controlled Burn Permits

November 22, 2023 by in Codes

VILLAGE OF CANASTOTA
NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that there has been presented to the Village Board of Trustees of the Village of Canastota, New York, on November 6, 2023, pursuant to the Municipal Home Rule Law, proposed Local Law No. G-2023, titled, “A Local Law to Amend the Code of Incorporated Village of Canastota Chapter 101 Regarding Controlled Burn Permits”  Said Local Law, if enacted, will allow for additional residents to apply for controlled burn permits under certain circumstances.  The full text of said Local Law is on file at the Clerk’s Office at the Village Hall located at 205 South Peterboro Street, Canastota, New York for inspection by all interested persons during regular business hours.

NOTICE IS FURTHER GIVEN that on November 6, 2023, the Village Board determined that this proposed Local Law is an unlisted action pursuant to the State Environmental Quality Review Act and a negative declaration was adopted at that time.

NOTICE IS FURTHER GIVEN that the Village Board will hold a public hearing to consider proposed Local Law No. G-2023 at the said Village Hall on December 4, 2023 at 7:00 p.m. or as soon thereafter as the matter can be heard, at which time all persons interested will be heard.

CATHERINE E. WILLIAMS
Village Clerk/Treasurer

DATED:  November 8, 2023

VILLAGE OF CANASTOTA
LOCAL LAW NO. G OF 2023

A LOCAL LAW TO AMEND THE CODE OF INCORPORATED VILLAGE OF CANASTOTA CHAPTER 101 REGARDING CONTROLLED BURN PERMITS

Be it enacted by the Trustees of the Village of Canastota as follows:

SECTION 1.        LEGISLATIVE PURPOSE AND INTENT.

The purpose of this Local Law is to amend Article II, “Fire Limits” of Chapter 101, “Fire Limits and Fire Protection,” of the Code of Incorporated Village of Canastota (the “Village Code”) to allow additional residents to apply for controlled burn permits under certain circumstances.

SECTION 2.        AUTHORITY.

This Local Law is enacted pursuant to the New York State Constitution and New York State Municipal Home Rule Law §10.

SECTION 3.        AMENDMENT OF SECTION 101-4 (“OUTDOOR FIRES PROHIBITED; EXCEPTIONS”) OF THE VILLAGE CODE

            Subsection B of Section 101-4, “Outdoor fires prohibited; exceptions,” is hereby amended to read in its entirety as follows:

            “B.  Controlled burn permits.

  • A controlled burn permit may be issued by the Code Enforcement Officer, which permit shall be issued without charge to the applicant and such permit shall allow the permit holder to ignite and maintain small outdoor open recreational fires which are not more than three feet wide nor more than three feet high, and are located and constructed in a manner approved by the Code Enforcement Officer in accordance with applicable New York State codes.
  • Only the following may apply for a controlled burn permit:  occupant(s) of a single-family residence and occupant(s) of a two-family residence.  Where the occupant(s) of a single-family or two-family residence is not the owner of the residence, the occupant(s) must obtain written permission from the owner to apply for a controlled burn permit.  Such written permission must be submitted to the Code Enforcement Officer as part of the application for a controlled burn permit.
  • Only dry wood and woody material such as tree limbs and brush shall be burned in such recreational fires as allowed under a controlled burn permit, and all such fires shall be constantly attended and observed by an adult on the premises. The burning of unseasoned wood or woody material, garbage (including human or animal wastes), leaves, paper or other recyclable materials or construction debris is prohibited.
  • A controlled burn permit shall be valid for not more than 12 consecutive months and shall be required to be renewed thereafter. No such permit shall be deemed to supersede any burning bans or other regulations issued by the New York State Department of Environmental Conservation.”

SECTION 4.        SEVERABILITY.

If any clause, sentence, paragraph, word, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, word, section or part thereof, directly involved in the controversy in which said judgment shall have been rendered.

SECTION 5.        EFFECTIVE DATE.

This Local Law shall be effective upon filing with the Office of the Secretary of State.

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