[HISTORY: Adopted by the Town Board of the Town of Putnam
Valley 9-16-2009 by L.L. No. 10-2009. Amendments noted where applicable.]
This chapter shall be known as the "Town of Putnam Valley Outdoor
Wood Boiler Law."
The Town Board of the Town of Putnam Valley hereby finds that
some residents use outdoor wood boilers as an alternative to conventional
heating systems. However, uncontrolled emissions from outdoor wood
boilers may cause offensive odors and potential health effects. This
chapter is intended to ensure that outdoor wood boilers are utilized
in a manner that does not create a nuisance to the health or safety
of the residents of the Town of Putnam Valley, and to preserve the
general welfare of the Town and its residents and the natural environment.
As used herein, the following terms shall have the meanings
indicated:
Tree trunks and branches but not including leaves, needles,
vines or brush.
Any equipment or device which is installed outside a building
or structure for the primary purpose of combustion of fuel to produce
heat or energy as a component of a heating system of the internal
space in such building or structure.
An outdoor wood boiler which is already in place on site
at the time this chapter becomes effective.
Dry wood which has been milled and not treated with any chemical,
petroleum product, preservative, stain or paint.
No person shall install an outdoor wood boiler, or allow an outdoor wood boiler to be used on his or her property, without first having obtained a permit from the Town Code Enforcement Officer. No such permit shall be issued unless the conditions of §§ 150-6 and 150-7 of this chapter are met. The cost of a permit shall be determined on an annual basis by the Town Board.
A.
Any preexisting outdoor wood boiler shall be permitted to remain in operation, provided the owner obtains from the Town Code Enforcement officer, within 60 days following the effective date of this chapter, written certification (based on affidavit or other sworn evidence) that said boiler was installed prior to this chapter's effective date and, where applicable, that said boiler operated on a year-round basis prior to this chapter's effective date. If the owner of a preexisting outdoor wood boiler does not obtain said written certification within 60 days of the effective date of this chapter, said boiler shall be removed, or a permit obtained for same pursuant to § 150-4 hereof, within 30 days following the expiration of said sixty-day period.
B.
Outdoor wood boilers for which a written certificate of preexisting status has been obtained under Subsection A hereof shall be subject to the same performance standards as those specified under § 150-8 hereof for boilers for which a permit is required under § 150-4 hereof. The Code Enforcement Officer may suspend the right to operate a preexisting boiler in the same manner, and under the same circumstances, as a boiler for which a permit was required and obtained under § 150-4 hereof. If the condition resulting in the suspended operating right is not remedied and the operator has not implemented measures to prevent a reoccurrence of such condition within 30 days following such suspension, the boiler shall lose its preexisting status under § 150-5 hereof and its operation shall not be resumed until a permit is obtained under § 150-4, and the condition giving rise to the suspension has been remedied.
A.
No outdoor wood boiler shall be permitted on any lot smaller than
five acres.
B.
Outdoor wood boilers shall not be installed within 200 feet of an existing lot line and not within 1,500 feet of any school, child day-care center, nursery or preschool, parks and/or outdoor recreational or sports facility, retail nursery, outdoor entertainment facility, house of worship, restaurant or delicatessen, as defined in Chapter 165 of the Code of the Town of Putnam Valley. The chimney of each outdoor wood boiler shall be at least two feet higher than the highest point of the ridge of the dwelling it serves, and must be equipped with a spark arrestor. No outdoor wood boiler shall be installed in the front yard of any lot.
C.
Except for those preexisting boilers certified under § 150-5A hereof as having operated year-round prior to this chapter's effective date, outdoor wood boilers may only operate between October 1 through April 30.
D.
Outdoor wood boilers may not be replaced or enlarged without obtaining
a permit as required by this section.
E.
Outdoor wood boilers may be fueled only by untreated lumber and/or
firewood as defined herein.
The provisions of Subsections A, B and/ or C of § 150-6 hereof may be varied by the Putnam Valley Zoning Board of Appeals ("Zoning Board") upon submission of a written application to said Board and payment of an application fee to be established annually by the Town Board. The application shall be accompanied by a survey of the applicant's lot showing the boiler's proposed location, a copy of the owner's deed, manufacturer's specifications with respect to the proposed boiler, and such other documentation and/or information as the Zoning Board may require. A public hearing shall be held with respect to such application on at least 10 days' prior written notice to the owners of all lots within 500 feet of the applicant's lot. The Zoning Board may vary the requirements of Subsection A, B and/or C of § 150-6 hereof upon a satisfactory showing that:
B.
Granting the applicant's request will not adversely impact the
environment or the neighborhood taking into account, among other things,
the future development of any vacant parcels lying, wholly or partially,
within 500 feet of the parcel in question; and
C.
The applicant's difficulty is not self-created.
A.
A permit for the operation of an outdoor wood boiler under this section
may be suspended by the Code Enforcement Officer if the Code Enforcement
Officer finds it necessary to protect the health, safety and welfare
of the residents of the Town of Putnam Valley. Conditions necessitating
such suspension may include any of the following:
(1)
Emissions from the outdoor wood boiler 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).
(2)
Malodorous air contaminants from the outdoor wood boiler are detectable
outside the property on which the outdoor wood boiler is located.
(3)
The emissions from the outdoor wood boiler interfere with life, health
or safety.
(4)
The emissions from the outdoor wood boiler cause damage to vegetation
or property.
(5)
The emissions from the outdoor wood boiler threaten harm to human
or animal health.
B.
A suspended permit may be reinstated if the condition which resulted
in the suspension is remediated and the permittee has implemented
measures to prevent such condition from recurring. If a suspended
permit is not reinstated within 30 days following its suspension,
the permit shall become void.
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 $500. In addition, any permit issued pursuant to this chapter which has not become void pursuant to § 150-8 hereof shall become void upon conviction of a second offense, and the subject outdoor wood boiler shall not be eligible for another permit. Each day that a violation occurs shall constitute a separate offense. The owner of the property upon which prohibited acts occur and the owner of any outdoor wood boiler shall be liable for violation of this chapter. Any fines imposed shall constitute a lien upon the real property where the outdoor wood boiler is located and may be added to the next Town real property tax bill for that property if unpaid at the time such Town tax is levied.
