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.