[HISTORY: Adopted by the Town Board of the Town of Oneonta 2-11-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
This chapter shall be known as the "Town of Oneonta Outdoor Wood-Fired Hydronic Heater Local Law." It is adopted pursuant to the Municipal Home Rule Law.
Although outdoor wood-fired hydronic heaters may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and the potential health effects of uncontrolled emissions. This chapter is intended to ensure that outdoor wood-fired hydronic heaters 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 Oneonta.
As used in this chapter, the following terms shall have the meanings indicated:
EPA
The United States Environmental Protection Agency.
FIREWOOD
Trunks and branches of trees and bushes, but not including leaves, needles, vines or brush smaller than three inches in diameter.
OUTDOOR WOOD-FIRED HYDRONIC HEATER (OWHH)
A fuel-burning device:
A. 
Designed to burn wood or other solid fuels;
B. 
Specified by the manufacturer for outdoor installation or installation in a structure not normally occupied by humans, including structures such as garages and sheds; and
C. 
Capable of heating a building space and water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.
PHASE I OWHH
An OWHH that has been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.6 pound per million British thermal units' input and is labeled accordingly.
PHASE II OWHH
An OWHH that has been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.32 pound per million British thermal units' input and is labeled accordingly.
UNTREATED LUMBER
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.
No person shall cause, allow or maintain the use of an outdoor wood-fired hydronic heater within the Town of Oneonta without first having obtained a building permit from the Code Enforcement Officer. Application for a permit shall be made to the Code Enforcement Officer on the forms provided.
Any outdoor wood-fired hydronic heater in existence in an R-80 or RA-40 Zoning District on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit from the Code Enforcement Officer prior to September 30 of the year following the effective date of this chapter; provided, however, that upon the effective date of this chapter, all the provisions hereof, except § 63-6B, C and D, immediately apply to existing outdoor wood-fired hydronic heaters. All of the provisions of this chapter, except § 63-6B, C and D, shall continue to apply to existing outdoor wood-fired hydronic heaters that receive permits. If the owner of an existing outdoor wood-fired hydronic heater in an R-80 or RA-40 Zoning District does not receive a permit prior to September 30 of the year following the effective date of this chapter, the outdoor wood-fired hydronic heater shall be removed. Any outdoor wood-fired hydronic heater in existence in any other zoning district prior to the enactment of this chapter shall no longer be permitted to operate after September 30, 2011. Exceptions to the September 30, 2011, phaseout date may be granted by the Zoning Board of Appeals on a yearly basis. Each yearly request must be submitted to the Zoning Board of Appeals two months before the start of a new year of operation. "Existing" or "in existence" means that the outdoor wood-fired hydronic heater is in place and operational on the site on the effective date of this chapter.
A. 
Permitted fuel. Fuel shall only be natural untreated wood or fuels specifically permitted by the manufacturer. Notwithstanding the foregoing, the following fuels are strictly prohibited:
(1) 
The burning of processed wood products and other nonwood products.
(2) 
Kerosene.
(3) 
Garbage.
(4) 
Painted wood and/or treated wood.
(5) 
Plastic.
(6) 
Any other item not specifically allowed by the manufacturer for this provision.
B. 
Permitted zones. Outdoor wood-fired hydronic heaters shall be permitted only in the R-80 and RA-40 Zoning Districts as shown on the Town's Zoning Map.
C. 
Minimum lot size. Outdoor wood-fired hydronic heaters shall be permitted only on lots of three acres or more.
D. 
Setbacks. Phase I OWHHs shall be set back not less than 150 feet from the nearest lot line and to the rear of the principal building. Phase II OWHHs shall be set back not less than 100 feet from the nearest lot line and to the rear of the principal building. All other OWHHs shall be set back not less than 150 feet from the nearest lot line and to the rear of the principal building.
E. 
Months of operation. Outdoor wood-fired hydronic heaters shall be operated only between October 1 of the current calendar year and April 15 of the following year.
F. 
Spark arrestors. All existing outdoor wood-fired hydronic heaters shall be equipped with properly functioning spark arrestors. All new outdoor wood-fired hydronic heaters shall comply with the manufacturers' recommendations.
G. 
Chimney height. All existing outdoor wood-fired hydronic heater units in the Town of Oneonta shall be equipped with a permanent chimney which shall terminate at the higher of 15 feet above ground level at the wood-fired hydronic heater or two feet higher than any residential or occupied structure within 300 feet of the wood-fired hydronic heater.
H. 
Effective February 1, 2009, only EPA Phase I or II OWHHs shall be permitted for new or replacement installations in the Town of Oneonta.
I. 
Effective April 1, 2010, only EPA Phase II OWHHs shall be permitted for new or replacement installations in the Town of Oneonta.
A. 
A permit issued pursuant to this chapter may be suspended as the Code Enforcement Officer or Health Officer may determine to be necessary to protect the public health, safety and welfare of the residents of the Town of Oneonta if any of the following conditions occurs:
(1) 
Malodorous air contaminants from the outdoor wood-fired hydronic heater are detectable outside the property of the person on whose land the outdoor wood-fired hydronic heater is located;
(2) 
The emissions from the outdoor wood-fired hydronic heater interfere with the reasonable enjoyment of life or property;
(3) 
The emissions from the outdoor wood-fired hydronic heater cause damage to vegetation or property; or
(4) 
The emissions from the outdoor wood-fired hydronic heater are or may be harmful to human or animal health.
B. 
A suspended permit may be reinstated by the Code Enforcement Officer once the condition that resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition that has previously resulted in the suspension of a permit shall be considered a violation of this chapter subject to the penalties provided in § 63-8 hereof.
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 $250 for the first offense. Any subsequent offense shall be punishable by a fine of not more than $500. In addition, any permit issued pursuant to this chapter shall be revoked upon conviction of a second offense, and the subject outdoor wood-fired hydronic heater shall not be eligible for another permit. Each day that a violation occurs shall constitute a separate offense.
The invalidity of any clause, sentence, paragraph or provision of this chapter shall not invalidate any other clause, sentence, paragraph or part thereof.
This chapter shall take effect upon filing in the office of the New York State Secretary of State.