This chapter shall be known as the "Town of Putnam Valley Outdoor
Wood Boiler Law."
The Town Board of the Town of Putnam Valley hereby finds that
some residents use outdoor wood boilers as an alternative to conventional
heating systems. However, uncontrolled emissions from outdoor wood
boilers may cause offensive odors and potential health effects. This
chapter is intended to ensure that outdoor wood boilers are utilized
in a manner that does not create a nuisance to the health or safety
of the residents of the Town of Putnam Valley, and to preserve the
general welfare of the Town and its residents and the natural environment.
As used herein, the following terms shall have the meanings
indicated:
FIREWOOD
Tree trunks and branches but not including leaves, needles,
vines or brush.
OUTDOOR WOOD BOILER
Any equipment or device which is installed outside a building
or structure for the primary purpose of combustion of fuel to produce
heat or energy as a component of a heating system of the internal
space in such building or structure.
UNTREATED LUMBER
Dry wood which has been milled and not treated with any chemical,
petroleum product, preservative, stain or paint.
No person shall install an outdoor wood boiler, or allow an outdoor wood boiler to be used on his or her property, without first having obtained a permit from the Town Code Enforcement Officer. No such permit shall be issued unless the conditions of §§
150-6 and
150-7 of this chapter are met. The cost of a permit shall be determined on an annual basis by the Town Board.
The provisions of Subsections
A,
B and/ or C of §
150-6 hereof may be varied by the Putnam Valley Zoning Board of Appeals ("Zoning Board") upon submission of a written application to said Board and payment of an application fee to be established annually by the Town Board. The application shall be accompanied by a survey of the applicant's lot showing the boiler's proposed location, a copy of the owner's deed, manufacturer's specifications with respect to the proposed boiler, and such other documentation and/or information as the Zoning Board may require. A public hearing shall be held with respect to such application on at least 10 days' prior written notice to the owners of all lots within 500 feet of the applicant's lot. The Zoning Board may vary the requirements of Subsection
A,
B and/or
C of §
150-6 hereof upon a satisfactory showing that:
A. The applicant cannot physically satisfy the requirements of Subsections
A and/or
B; and
B. Granting the applicant's request will not adversely impact the
environment or the neighborhood taking into account, among other things,
the future development of any vacant parcels lying, wholly or partially,
within 500 feet of the parcel in question; and
C. The applicant's difficulty is not self-created.
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. In addition, any permit issued pursuant to this chapter which has not become void pursuant to §
150-8 hereof shall become void upon conviction of a second offense, and the subject outdoor wood boiler shall not be eligible for another permit. Each day that a violation occurs shall constitute a separate offense. The owner of the property upon which prohibited acts occur and the owner of any outdoor wood boiler shall be liable for violation of this chapter. Any fines imposed shall constitute a lien upon the real property where the outdoor wood boiler is located and may be added to the next Town real property tax bill for that property if unpaid at the time such Town tax is levied.