[HISTORY: Adopted by the Town Board of the Town of Van Buren 12-16-2008 by L.L. No. 13-2008. Amendments noted where applicable.]
Outdoor burning — See Ch. 99.
Editor's Note: This local law was adopted as Ch. 118 but was renumbered to maintain the alphabetical sequence of the Code.
The intent of this chapter is to ensure that outdoor 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 of Van Buren.
The Town Board of the Town of Van Buren has made the following findings:
Some outdoor boilers have been found to emit significant high quantities of particulate matter, carbon monoxide, nitrogen oxide, soot, noxious fumes and other pollutants known to be detrimental to the health of the public. Exposure to these pollutants can cause short-term health harms such as eye, nose, throat and lung irritation, coughing and shortness of breath, whereas long-term exposure can cause adverse respiratory symptoms such as asthma and heart and lung disease, as well as cancer, and exacerbate other harmful health conditions;
The unregulated operation of such outdoor boilers may further exacerbate the harmful effects of the smoke;
Some outdoor boilers have been proven to emit far greater amounts of pollutants, such as fine particulate matter and a variety of toxic chemicals, than conventional indoor woodburning devices;
Emissions from outdoor boilers are not currently regulated by state or federal standards.
In light of the foregoing findings, the purpose of this chapter is to establish regulations pertaining to the operation of outdoor boilers to promote the public health, safety and welfare of the residents of the Town of Van Buren pursuant to Town Law § 130 and Municipal Home Rule Law § 10.
Grandfathered outdoor boilers. It is the intent of this chapter to grandfather all outdoor boilers installed and operating prior to the date of enactment of this chapter. However, if a currently installed and operating outdoor boiler is replaced for any reason, it shall be considered new and shall be subject to this chapter. Further, all outdoor boilers, whenever installed, shall be subject to the provisions of this chapter regarding dates of operation.
As used in this chapter, the following terms shall have the meanings indicated:
- The Town of Van Buren Board or its agents.
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer of the Town of Van Buren and his agents.
- Every building intended for human habitation.
- Any discharge or release of an air contaminant to the ambient air space.
- EMISSION POINT
- Any place at or from which any air contaminant is emitted into the ambient air space.
- A. CLEAN WOOD:
- (1) Trunks and branches but not leaves or brush;
- (2) Any natural wood which has not been painted, varnished or coated with a similar material, has not been treated with preservatives and does not contain resins or glues as in plywood or other composite wood products;
- (3) Products manufactured specifically for use in stoves and fireplaces, such as wood pellets and manufactured logs, provided that such products are used in compliance with the manufacturer's requirements.
- Enclosed floor space used or intended to be used for living, sleeping, cooking or eating.
- OUTDOOR BOILER
- Any equipment, device, appliance 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 or water source. An outdoor boiler may also be referred to as an outdoor furnace or outdoor hydronic heater.
A U.L.-listed outdoor boiler may be installed and used in the Town of Van Buren only in accordance with the following provisions:
To apply for a permit for an outdoor boiler, the applicant shall submit the following to the Code Enforcement Officer:
An application form and fee;
A survey, drawn to suitable scale, bearing the stamp of a New York registered professional engineer or a New York registered professional land surveyor, which includes a depiction of:
The legal boundaries of the lot to be served;
The location of all dwellings and buildings existing and proposed on the lot to be served by the outdoor boiler and identification of those to be served by the boiler;
The location of all overhead utilities on the lot to be served;
The locations of all components of the outdoor boiler, including underground electric lines, fluid lines or ductwork;
The wood storage location;
The outdoor boiler exhaust stack height.
An operation and maintenance plan demonstrating that the owner understands the requirements for installing and operating an outdoor boiler, which plan shall be signed and attached to the permit if issued.
All outdoor boilers shall be U.L.-listed and designed to meet the most current federal emissions standards. In the event that the State of New York adopts more restrictive emissions standards, outdoor boilers shall be designed to comply with the most current New York and federal E.P.A emissions standards.
Persons operating an outdoor boiler shall permit the Town Code Enforcement Officer to access the outdoor boiler for purposes of conducting inspections to ensure compliance with this chapter.
All outdoor boilers must be located behind the front building line of the principal dwelling on the lot to be served, and the outdoor boilers must be located on the same lot as the principal dwelling. Minimum setback from the dwelling is 50 feet, and minimum setback from auxiliary buildings is 20 feet, including the woodshed.
A clear radius of 20 feet must be maintained between any outdoor boiler and any trees or vegetation of height greater than the height of the top of the fuel feed door.
Outdoor boilers shall not be located within 150 feet of a dwelling on an adjacent parcel.
Outdoor boilers shall not be located within 60 feet of any roadway or right-of-way.
The tops of chimneys or other points of emission from outdoor boilers shall be equipped with an operable spark arrester system.
The manufacturer's instructions and recommendations for installation and use of an outdoor boiler shall be followed exactly, provided such recommendations do not conflict with any provision of this chapter.
The operation of an outdoor boiler shall not otherwise create a nuisance or threaten the public health.
The clean wood fuel shall be located behind the front building line of the principal dwelling on the same lot to be served, piled and stacked in a neat and orderly manner.
Outdoor boilers shall only be operated between September 15 and May 15.
If an inspection or examination reveals that an outdoor boiler is installed or operated in a manner not in compliance with this chapter, or is a nuisance, or is otherwise a threat to the public health, safety or welfare, the Code Enforcement Officer shall issue an order to cease operation of the outdoor boiler until such boiler has been restored to compliance. If the owner fails to cease operation of the outdoor boiler within 10 days of the issuance of such order, or if the Code Enforcement Officer reasonably believes that continued operation of the outdoor boiler poses an immediate threat to the public health and safety, the Code Enforcement Officer is authorized to enter the premises and to take any actions necessary to shut down the outdoor boiler. The expense of such actions shall be a charge against the land on which the boiler is located and may be assessed, levied and collected by the town.
Permits to operate an outdoor boiler may be suspended, amended or revoked for cause by the Code Enforcement Officer. Such decision may be appealed to the Town Board, at which time a public hearing shall be held and a final decision issued thereon.
Any violation of this chapter shall be considered a violation within the meaning of the Penal Law of the State of New York, and shall subject the owner of the property on which the outdoor boiler is located to a fine of not more than $250, imprisonment not to exceed 15 days, or both such fine and imprisonment. Each day's failure to comply with an order shall constitute a separate violation. Whether such violation is continuous or intermittent, it shall be construed as a separate and succeeding offense.
The Code Enforcement Officer and the Town Board may take any actions deemed appropriate and lawful to enforce this chapter, including, but not limited to, criminal prosecution and/or civil actions for injunctive relief and damages.
Any person may apply to the Town Board for a waiver from one or more of the provisions of this chapter. Every waiver shall be made in writing and shall be subject to a public hearing before the Town Board. The requesting party, at its sole expense, must notify all property owners within 900 feet of the lot on which the outdoor boiler is located at present or is to be located in the future, by certified mail, of the date, time, location and subject matter of the waiver request at least 10 days prior to the consideration of the waiver request by the Town Board.
If any provision contained in these regulations is deemed invalid for any reason by any court of competent jurisdiction, such decision shall not affect the remainder of this chapter.