[HISTORY: Adopted by the Town Board of the Town of Marilla 9-8-2011 by L.L. No.
4-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 700.
This chapter shall be known as "Local Law No. 4 of the Year 2011, entitled Outdoor Wood Boiler Law of the Town of Marilla" and shall be codified as Chapter 600 of the Code of the Town of Marilla.
This chapter applies to all outdoor wood boilers whether freestanding,
adjacent to a building or structure and/or enclosed within a building
or structure.
The purpose of this chapter is to protect and promote the health,
safety and general welfare of the residents of the Town of Marilla
by regulating outdoor wood boilers in order to reduce the impacts
adjacent and surrounding property owners may encounter from outdoor
fuel-burning devices.
For the purposes of this chapter, the following words and phrases
shall have the meanings respectfully ascribed to them by this section:
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices that contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a commercial horse-boarding
operation and timber processing (silviculture). Such farm operations
may consist of one or more parcels of owned or rented land, which
parcels may be contiguous or noncontiguous to each other.
The vertical height of the chimney as measured from the ground.
Wood that has not been painted, stained, or treated with
any other coatings or preservatives, including, but not limited to,
copper chromium arsenate, creosote or pentachlorophenol.
The initial start-up of the combustion chamber of an outdoor
wood boiler after all piping and electrical connections between the
outdoor wood boiler and the building(s) it serves have been completed.
An outdoor wood boiler with a thermal output rating greater
than 250,000 British thermal units per hour (Btu/h).
Any person who sells or leases an outdoor wood boiler to
an end user. A distributor may be a manufacturer or agent thereof
or an independent contractor.
Any person who purchases or acquires any outdoor wood boiler
for personal, family, household, or institutional use. Persons acquiring
an outdoor wood boiler for resale are not end users for that product.
An outdoor wood boiler that commenced operation prior to
the effective date of this chapter.
The minimum lot size required for an outdoor wood boiler.
Any person who makes or produces an outdoor wood boiler that
is ultimately operated in New York.
All new outdoor wood boilers manufactured by a single manufacturer
that are similar in all material and design respects.
The manufacturer's annual production period for each
outdoor wood boiler which includes January 1 of such calendar year
or, if the manufacturer has no annual production period, the calendar
year.
An outdoor wood boiler that commences operation on or after
the effective date of this chapter.
A fuel-burning device:
Designed to burn wood or other approved fuels;
That the manufacturer specifies for outdoor installation or
installation in structures not normally occupied by humans; and
That is used to heat building space and/or water via the distribution,
typically through pipes, of a gas or liquid (e.g., water or water/antifreeze
mixture) heated in the device.
An outdoor wood boiler with a thermal output rating of 250,000
Btu/h or less.
A president, vice president, secretary, treasurer, general
partner, proprietor, principal executive officer, or any other person
who performs policy- or decision-making functions and is authorized
to legally bind a corporation, partnership, or sole proprietorship
which is subject to the provisions of this chapter.
The minimum distance from the nearest property line where
an outdoor wood boiler maybe located.
The heat value in Btu/h that a manufacturer specifies a particular
model of new outdoor wood boiler is capable of supplying at its design
capacity.
No person shall cause, allow or maintain the use of a wood boiler
within the Town of Marilla without first having obtained a permit
from the Town of Marilla. Application for permit shall be made on
the forms provided by the Town of Marilla and must be accompanied
by a permit fee of $50. The Town shall have the right to inspect the
installation for safety and/or other code violations and to ensure
the unit is installed per manufacturer's recommendations. Such
application shall be made to the Town of Marilla Code Enforcement
Officer.
The seller of real property with an outdoor wood boiler must
provide notice to a purchaser of that parcel of real property that
the operation of the outdoor wood boiler is subject to this chapter.
The provisions of this chapter shall be enforced by the Town
of Marilla Building Inspector/Code Enforcement Officer (C.E.O.) or
his/her representative.
Any person, business, firm, corporation, partnership, association
or other entity which violates any provision in this chapter shall
be subject to a written warning for the first offense, a civil penalty
not to exceed $250 for the second offense and a civil penalty not
to exceed $500 for each additional offense. After a second offense,
the C.E.O. shall issue an order for the temporary shutdown of the
outdoor wood boiler pending further review to determine whether a
permanent revocation of the previously issued permit will be sought.
No person shall operate an outdoor wood boiler other than in
compliance with the provisions of this chapter. The following shall
apply to all outdoor wood boilers:
A.
Prohibited fuels. No person may burn any of the following items in
an outdoor wood boiler:
(1)
Wood that does not meet the definition of clean wood;
(2)
Garbage;
(3)
Tires;
(4)
Yard waste, including lawn clippings;
(5)
Materials containing plastic;
(6)
Materials containing rubber;
(7)
Waste petroleum products;
(8)
Paints or paint thinners;
(9)
Household or laboratory chemicals;
(10)
Coal;
(12)
Construction and demolition debris;
(13)
Plywood;
(14)
Particle board;
(15)
Fiberboard;
(16)
Oriented strand board;
(17)
Manure;
(18)
Animal carcasses;
(19)
Asphalt products;
(20)
Salt-water driftwood;
(21)
Unseasoned wood; or
B.
A commercial-size outdoor wood boiler may not be used in a residential
application.
C.
No person shall cause or allow emissions of air contaminants from
an outdoor wood boiler to the outdoor atmosphere of a quantity, characteristic
or duration which is injurious to human, plant or animal life or property
or which unreasonably interferes with the comfortable enjoyment of
life or property, including but not limited to:
D.
All outdoor wood boilers must be in full compliance with New York
State Department of Environmental Conservation regulations respecting
the same.
A person who operates an outdoor wood boiler may only use the
following fuels in such outdoor wood boiler:
A.
Setback. A residential-size outdoor wood boiler must be located 100
feet or more from the nearest front and side property lines, 150 feet
or more from the rear property line and 1,000 feet or more from a
property line of a school, an established subdivision, mobile home
parks and churches. Outdoor wood boilers are not permitted within
an established subdivision or mobile home park.
B.
Lot size. The minimum lot size required to install an outdoor wood
boiler is three acres.
C.
Location. No outdoor wood boiler shall be located in the front of
the principal structure of the property.
D.
Chimney stack height. A residential-size outdoor wood boiler must
be equipped with a permanent stack extending a minimum of 18 feet
above ground level.
E.
Chimney standard. All chimneys shall be of approved UL standard for
outdoor wood boilers.
A.
Setback. A commercial-size outdoor wood boiler must be located 200
feet or more from the nearest property line. In addition, a commercial-size
outdoor wood boiler must be located 300 feet or more from a property
line of a residence and 1,000 feet or more from a property line of
a school, an established subdivision, mobile home parks and churches.
B.
Lot size. The minimum lot size required to install an outdoor wood
boiler is three acres.
C.
Location. No outdoor wood boiler shall be located in the front of
the principal structure of the property.
D.
Chimney stack height. A commercial-size outdoor wood boiler must
be equipped with a permanent stack extending a minimum of 18 feet
above ground level.
E.
Chimney standard. All chimneys shall be of approved UL standard for
outdoor wood boilers.
Each provision of this chapter shall be deemed severable, and
in the event that any provision of this chapter is held to be invalid,
the remainder of this chapter shall continue in full force and effect.
This chapter shall become effective immediately upon its filing
in the office of the Secretary of State.
