[HISTORY: Adopted by the Town Board of the Town of Lewisboro 3-22-2021 by L.L. No. 2-2021. Amendments noted where applicable.]
The Town Board of the Town of Lewisboro has received numerous
complaints regarding outdoor wood-burning boilers concerning their
pollution of the atmosphere and their safety. Although outdoor wood-burning
boilers may provide an economical alternative to conventional heating
systems, it is generally recognized that the use of improper fuels
and the excessive scale and duration of burning by outdoor wood-burning
boilers creates noxious and hazardous smoke, soot, fumes, odors and
air pollution, can be detrimental to citizens' health and can
deprive neighboring residents of the enjoyment of their property or
premises. Therefore, it is the intention of the Town Board of the
Town of Lewisboro to establish and impose restrictions upon the construction
and operation of outdoor wood-burning boilers for the purpose of securing
and promoting the public health, comfort, convenience, safety, welfare
and prosperity of the Town and its inhabitants. This chapter is intended
to prohibit the construction and/or installation of any further outdoor
wood-burning boilers and to ensure that existing outdoor wood-burning
boilers 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.
This chapter is adopted pursuant to the authority, of Article
2, § 10, of the New York State Municipal Home Rule Law.
The Town of Lewisboro Director of Codes Enforcement, Building
Inspector and Code Enforcement Officer, or any other person who may
hereafter be designated by resolution of the Town Board, is hereby
authorized in the name and on behalf of the Town of Lewisboro to undertake
and prosecute any proceedings necessary or appropriate to enforce
compliance with this chapter, including the issuance of appearance
tickets.
As used in this chapter, the following terms shall have the
meanings indicated:
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush smaller than three inches in diameter.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors or within a structure
which is not normally occupied by humans and which is used for the
primary purpose of combustion of wood or other fuels to produce heat
or energy used as a component of a heating system providing heat and/or
hot water for any interior space in any principal structure or any
other interior or exterior site, building, or structure.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired heating device; especially
that part of such structure extending above the roof.
Dry wood which has been milled and dried but which has not
been treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint or other substance.
Any person who owns or occupies the property at the time
the outdoor wood boiler has been installed and/or operated.
The construction and/or installation of any new outdoor wood-burning
boilers after the enactment of this chapter are hereby prohibited
in any zone within the Town of Lewisboro.
Except as hereinafter provided, the lawful use of any outdoor
wood-burning boiler which is legally permitted and existing at the
time of the adoption of this chapter may be continued, subject to
the provisions of this section.
A.
No outdoor wood boiler, lawfully permitted and existing or in existence
at the time of the adoption of this chapter, shall thereafter be extended,
enlarged or replaced with a new or previously owned unit or restored
or repaired beyond 50% of its value.
B.
Any existing outdoor wood-burning boiler which is abandoned or discontinued
for a period of seven consecutive months shall not be permitted to
be reestablished and must be immediately removed by the property owner
from the subject premises. If the property owner fails to remove the
outdoor wood-burning boiler by the end of said seven-consecutive-month
period, the Town of Lewisboro Code Enforcement Officer/Building Inspector
shall give written notice by certified mail or personal service to
the owner of the property upon which the outdoor wood-burning boiler
is located. Such notice shall provide that said owner shall remove
the outdoor wood-burning boiler within 15 days of the date the notice
is either postmarked or personally served upon the owner. Should the
outdoor wood-burning boiler not be removed within the time specified,
the Code Enforcement Officer/Building Inspector shall take reasonable
steps to effect its removal. The costs incurred by the Town to effect
said removal, including attorneys' fees, shall be charged to
the owner of said premises. Said expense shall be paid by the owner
of the property so affected within 30 days from the date said costs
are presented to the owner. If said expense is not paid within said
thirty-day time frame, then said expense shall be charged to the property
so affected by including such expense in the next annual Town tax
levy against the property.
C.
All outdoor wood-burning boilers which are lawfully permitted and
in existence on the effective date of this chapter shall be permitted
to so remain in use and operation subject to the provisions of the
chapter.
All existing outdoor wood-burning boilers legally permitted
pursuant to this chapter shall be subject to the following regulations
which constitute continuing conditions for the permit during any period
of permitted use as set forth in this chapter:
A.
Permitted fuel. Only seasoned firewood and untreated lumber are permitted
to be burned in any outdoor wood-burning boiler. Burning of any and
all other materials, including but not limited to trash, plastics,
gasoline, rubber, household garbage, material treated with petroleum
products such as particle board, railroad ties and pressure-treated
wood, leaves, paper products and cardboard, in an outdoor wood-burning
boiler is prohibited.
B.
Stack height. Outdoor wood-burning boilers shall be equipped with
a permanent stack extending a minimum of two feet above the peak of
any roof structure located within 150 feet of the outdoor wood boiler
and no less than 18 feet above ground level.
C.
Months of operation. Outdoor wood-burning boilers shall be operated
only between November 1 and March 31. Operation from April 1 through
October 31 is prohibited.
D.
Spark arrestors. All outdoor wood-burning boilers shall be equipped
with properly functioning spark arrestors which shall be maintained
in proper working order at all times.
E.
Lighter fluids, gasoline or chemicals may not be used to start the
boiler and are prohibited.
A.
Any permit issued pursuant to this chapter may be suspended by the Code Enforcement Officer/Building Inspector to protect the public health, safety and welfare of the residents of the Town of Lewisboro if any of the conditions in § 165-7 are violated. A suspended permit may be reinstated once the condition which resulted in suspension is remedied. 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 § 165-9 hereof.
B.
In addition to the provision set forth in Subsection A above, any permit issued pursuant to this chapter may be suspended when, in the discretion of the Code Enforcement Officer/Building Inspector, such suspension is warranted to protect and preserve the health, safety and welfare of the residents of the Town of Lewisboro.
A.
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 less than $500 or imprisonment for a period of not more
than 10 days, or both, for the first offense. Any subsequent offense
shall be punishable by a fine of not less than $1,000 or imprisonment
for a period of not more than 30 days, or both. In addition, any permit
issued pursuant to this chapter shall be revoked upon conviction of
a second offense and the subject outdoor wood-burning boiler shall
not be eligible for another permit and shall be removed. 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.
B.
Compliance with the provisions of this chapter may also be compelled
and violations restrained by order or by injunction of a court of
competent jurisdiction.
C.
In the event the Town is required to take legal action to enforce
the provisions of this chapter, the violator will be responsible for
any and all necessary costs incurred by the Town relative thereto,
including attorneys' fees, and such amount shall be determined
and assessed by the court.
D.
Any fine imposed and any costs incurred hereunder shall constitute
a lien upon the real property where the outdoor wood-burning boiler
is located. If such fine and/or costs assessed by the court are not
paid in full within 30 days from the date determined and assessed
by the court, such fine and/or costs shall be charged to the property
so affected by including such expense in the next annual Town tax
levy against the property.
A.
Nothing contained herein shall authorize or allow burning 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 wood-burning boilers, and any electrical,
plumbing or other apparatus or device used in connection with an outdoor
wood-burning boiler, shall be installed, operated and maintained in
conformity with the manufacturer's specifications 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.
B.
Any outdoor wood boiler must also comply with any other county, state
or federal guidelines for the same.
This chapter shall take effect immediately in accordance with
the laws of the State of New York.
