[HISTORY: Adopted by the Board of Trustees of the Village of Kinderhook 12-9-2009 by L.L. No. 3-2009. Amendments noted where applicable.]
The Village Board of the Village of Kinderhook believes that the utilization of outdoor wood boilers within the confines of the Village may present unique issues and concerns regarding smoke, odors, particulates, chimney emissions, fire safety, wood storage and other issues related to the installation and use of outdoor wood boilers. It is herein found that the operation of outdoor wood boilers within the limits of the Village may create noxious and hazardous smoke, soot, fumes, odors and air pollution that can be detrimental to citizens' health and can deprive neighboring residents of the enjoyment of their property or premises. The Village Board of Trustees finds that it is emergent and necessary to adopt a prohibition upon the installation of new, and regulation of the operation of existing, outdoor wood boilers/furnaces within the limits of the Village of Kinderhook. This chapter is adopted pursuant to the authority of Article II, § 10, of the Municipal Home Rule Law, and Article IV, § 4-412, of the New York State Village Law.
As used in this chapter, the following terms shall have the meanings indicated:
OUTDOOR WOOD BOILER/FURNACE
A fuel-burning device (also known as "outdoor wood-fired hydronic heater," "water stove" or "outdoor wood furnace") designed to burn wood or other approved solid fuels; that the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., garages and outbuildings); and that heats building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture.
The construction or installation of outdoor wood boilers/furnaces, whether as new or as replacement installations, is prohibited within the Village of Kinderhook.
Any outdoor wood boilers/furnaces in existence prior to the effective date of this chapter are not to be considered preexisting nonconforming uses, but shall be permitted to remain and operate after the owner or operator receives a permit from the Zoning Enforcement Officer and/or Building Inspector and the unit is found to be in compliance with the following:
A. 
An application for a permit has been made to the Village Building Department on forms provided.
B. 
Application/inspection fees for permits shall be paid in an amount set by the Village Board of Trustees.
C. 
Any permit shall be issued only after the inspection of the unit.
D. 
The permit is valid for a period of one year, renewable upon reapplication and reinspection by the Village.
E. 
The permit shall not be transferrable; any new owner or operator must receive a permit.
F. 
All outdoor wood boilers/furnaces shall be installed, operated and maintained according to the manufacturers' instructions. All instructions or operating manuals shall be provided to the Village with the permit application.
G. 
Outdoor wood boilers/furnaces shall be operated only between November 1 and April 30.
H. 
All outdoor wood boilers/furnaces shall be equipped with properly functioning spark arrestors or be in conformity with the manufacturer's specifications for that unit with regard to the release of sparks.
I. 
All outdoor wood boilers/furnaces shall have a smokestack or chimney that extends at least 30 feet above the ground of the boiler/furnace.
J. 
Only dry seasoned natural firewood or other unit-manufacturer-approved solid fuels are permitted to be burned in any outdoor boiler/furnace. Burning of any and all other materials in an outdoor boiler/furnace is prohibited. No outdoor wood boiler/furnace shall be used as a waste incinerator.
K. 
The extension or enlargement of any such outdoor wood boiler/furnace is prohibited.
L. 
Any outdoor wood boiler in existence at the time of adoption of this chapter shall be permitted to remain in compliance with this chapter for a period of 10 years. After the expiration of said time, the boiler is to be removed.
M. 
Any outdoor wood boiler/furnace which is abandoned or discontinued for a period of 12 months or more shall not be permitted to be reestablished and shall be immediately removed by the property owner of the subject premises. "Abandoned or discontinued" shall mean the boiler is not put to the traditional and customary use of heating on a regular basis.
N. 
All outdoor wood boilers/furnaces must be operated in full compliance with any applicable state and/or federal regulations now in effect or hereinafter adopted.
A. 
"Operation" is any period of time the outdoor wood boiler is found burning not in compliance with this chapter.
B. 
Any property owner or operator found responsible for committing an offense of any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, or both such fine and imprisonment.
C. 
Each and every day a violation occurs/exists shall constitute a separate and distinct violation.
D. 
Any fine imposed hereunder shall constitute a lien upon the real property where the outdoor wood boiler is located, until paid.
E. 
Compliance with this chapter may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction.