[HISTORY: Adopted by the Town Board of the
Town of Van Buren 12-16-2008 by L.L. No. 13-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 99.
[1]
Editor's Note: This local law was adopted
as Ch. 118 but was renumbered to maintain the alphabetical sequence
of the Code.
A.
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.
B.
The Town Board of the Town of Van Buren has made the
following findings:
(1)
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;
(2)
The unregulated operation of such outdoor boilers
may further exacerbate the harmful effects of the smoke;
(3)
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;
(4)
Emissions from outdoor boilers are not currently regulated
by state or federal standards.
C.
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.
D.
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.
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.
Any place at or from which any air contaminant is emitted
into the ambient air space.
CLEAN WOOD:
Trunks and branches but not leaves or brush;
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;
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.
COALPer recommended manufacturer's specifications.
CORNPer recommended manufacturer's specifications.
Enclosed floor space used or intended to be used for living,
sleeping, cooking or eating.
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:
A.
To apply for a permit for an outdoor boiler, the applicant
shall submit the following to the Code Enforcement Officer:
(1)
An application form and fee;
(2)
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:
(a)
The legal boundaries of the lot to be served;
(b)
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;
(c)
The location of all overhead utilities on the
lot to be served;
(d)
The locations of all components of the outdoor
boiler, including underground electric lines, fluid lines or ductwork;
(e)
The wood storage location;
(f)
The outdoor boiler exhaust stack height.
(3)
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Outdoor boilers shall not be located within 150 feet
of a dwelling on an adjacent parcel.
F.
Outdoor boilers shall not be located within 60 feet
of any roadway or right-of-way.
G.
The tops of chimneys or other points of emission from
outdoor boilers shall be equipped with an operable spark arrester
system.
H.
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.
I.
The operation of an outdoor boiler shall not otherwise
create a nuisance or threaten the public health.
J.
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.
A.
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.
B.
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.
C.
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.
D.
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.
