[HISTORY: Adopted by the Town Board of the Town of Plattekill 12-30-2009 by L.L. No.
2-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 48.
The purpose of this chapter is to better protect the health,
safety, and general welfare of the residents of the Town of Plattekill
by restricting the use of outdoor woodburning furnaces/boilers in
the Town of Plattekill.
As used in this chapter, the following terms shall have the
meanings indicated:
Any equipment, device or apparatus, serving a structure,
which is designated to transfer heat, via liquid, through the burning
of wood to heat indoor spaces. The term "outdoor burning furnace/boiler"
shall not include firepits, outdoor fireplaces or wood-fired barbeques.
No person shall cause, allow or maintain the use of an outdoor
woodburning furnace/boiler in the Town of Plattekill without first
having obtained a permit from the Town of Plattekill Building Inspector's
office. Application for a permit shall be made to same. The fee for
said permit shall be according to current local law or as the Town
Board may set by resolution.
Any woodburning furnace/boiler in existence on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit from the Town of Plattekill within 60 days after being notified by the Zoning/Code Enforcement Officer in writing. If an owner of an existing woodburning furnace/boiler does not comply within the 60 days, he or she shall remove said furnace/boiler from the property. All owners of existing woodburning furnaces/boilers shall comply with § 54-5, Subsections A, B, C, D, E and I.
No person shall operate or use an outdoor woodburning furnace/boiler
in the Town of Plattekill that has been purchased or constructed after
the effective date of this chapter unless such operation or use is
in accordance with the following:
A.
Outdoor woodburning furnaces/boilers shall only be operated from
October 1 through May 1.
B.
Outdoor woodburning furnaces/boilers shall not be operated within
200 feet of a hospital, school, daycare center or nursing home or
within 200 feet of the boundary of a federal, county, state, or village
park.
C.
Only seasoned hardwood that has not been painted, stained, chemically
treated, laminated or glued, may be burned in an outdoor woodburning
furnace/boiler. No rubber, plastic, rubbish or garbage, newspaper
or cardboard may be burned in the outdoor woodburning furnace/boiler.
D.
A chimney shall be installed on all outdoor woodburning furnaces/boilers,
the height of which shall extend no less than two feet higher than
the peak of any neighboring structure located within 200 feet of the
outdoor woodburning furnace/boiler, but in no event shall the height
of said chimney be less than 15 feet except with the written permission
of the Code Enforcement Officer.
E.
The operation of an outdoor woodburning furnace/boiler must be in
accordance with the manufacturer's written instructions and in
compliance with any other regulations that are stricter than those
outlined in this section.
F.
No outdoor woodburning furnace/boiler shall be used in the following
zones: BD40, BD60.
G.
No outdoor woodburning furnace/boiler shall be constructed or used
on less than a one-and-one-half-acre lot. Any acreage that falls under
an acre and a half shall require approval from the Zoning Board of
Appeals.
H.
Outdoor woodburning furnaces/boilers shall only be located in the
rear yard with a minimum setback of 50 feet of the primary residence,
as well as a two-hundred-foot setback from the adjacent property line.
I.
All outdoor woodburning furnaces/boilers installed shall be equipped
with an operable spark arrestor.
J.
All new woodburning furnace/boiler installations will include a reburn
unit and a blower.
Nothing contained herein shall be deemed to authorize the operation
or use of any outdoor woodburning furnace/boiler which is otherwise
prohibited by the United States Environmental Protection Agency (EPA)
and/or the New York State Department of Environmental Conservation
(DEC).
Failure to comply with any provision of this chapter shall be
a violation, subject to a fine, not to exceed $250 for each day that
the violation continues.
The Town of Plattekill Code Enforcement Officer(s) shall enforce
the regulations on the use of outdoor woodburning furnaces/boilers.
This chapter shall apply to the construction, installation,
use and operation in the Town of Plattekill of any outdoor woodburning
furnace/boiler after the effective date of this chapter.
