[HISTORY: Adopted by the Town Board of the Town of Niskayuna 8-31-2010 by L.L. No.
6-2010. Amendments noted where applicable.]
Use prohibited. Outdoor furnaces and outdoor woodburning boilers
are prohibited and shall not be installed or operated within the Town
of Niskayuna except in compliance with this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any equipment, device 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, swimming
pool or hot tub.
A wood-fired boiler, surrounded by a water jacket, in a freestanding
structure with a smokestack used to heat water that is carried by
piping to provide heat and/or hot water to a building.
A.
Effective October 1, 2011, all existing outdoor woodburning furnaces
and boilers shall comply with the following conditions:
B.
Phase out of existing outdoor wood burning furnaces and boilers.
(1)
An existing outdoor woodburning furnace or boiler that commenced
operation prior to September 1, 2005 must be replaced with a new outdoor
woodburning furnace or boiler meeting the requirement of this section
or must be permanently removed from service no later than August 31,
2015.
(2)
An existing outdoor woodburning furnace or boiler that commenced
operation between September 1, 2005 and April 14, 2011 must be replaced
with a new outdoor woodburning furnace or boiler meeting the requirements
of this section or must be permanently removed from service within
ten years of the commencement-of-operation date but not later than
August 31, 2020.
(3)
In the event that an owner of an existing outdoor woodburning furnace
or boiler cannot provide sufficient documentation to the satisfaction
of the Town of Niskayuna Building Department, regarding the commencement-of-operation
date of their existing outdoor woodburning furnace or boiler, such
owner must replace the existing outdoor woodburning furnace or boiler
with a new outdoor woodburning furnace or boiler meeting the requirements
of this section or must permanently remove the existing outdoor woodburning
furnace or boiler from service no later than August 31, 2015.
(4)
Notwithstanding the provisions set forth above, the Town of Niskayuna
may require the removal of an existing outdoor woodburning furnace
or boiler which is subject to an enforcement action in accordance
with applicable law.
C.
No person shall operate an existing outdoor woodburning furnace or
boiler in the Town of Niskayuna between May 15 and September 30 of
each year.
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 per day or imprisonment for a period
of not more than 10 days, or both. Each day that a violation occurs
shall constitute a separate offense. The owners of premises 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 furnace is located until
paid.
Nothing contained herein shall authorize or allow the installation,
location, operation or maintenance of an outdoor woodburning furnace
or boiler which is prohibited by laws, rules or regulations by the
New York State Department of Environmental Conservation, the United
States Environmental Protection Agency, and any other federal, state,
county or local agency.
