The purpose of this chapter is add a new local law regulating
the installation, operation and maintenance of outdoor boilers within
the Town of Royalton. This chapter is intended to insure that outdoor
boilers 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.
As used in this chapter, the following terms shall have the
meanings indicated:
OUTDOOR BOILER OR FURNACE
A fuel-burning device (EPA approved) that:
A.
Is designed to burn wood or other approved fuels;
B.
Is specified by the manufacturer for outdoor installation or
installation in structures not normally occupied by humans; and
C.
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.
Any items not specifically allowed by the manufacturer or this
section or any items prohibited by federal, state or county law, rule
or regulation are prohibited.
No person shall cause, allow or maintain the use of an outdoor
furnace within the Town of Royalton without first having obtained
a permit from the Town of Royalton. Application for permit shall be
made on the forms provided and includes a site plan. The cost of a
permit application shall be as set forth on the Fee Schedule of the
Town, as amended from time to time. 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.
Any outdoor furnace in existence on the effective date of this
chapter shall be permitted to remain in operation and shall not require
a permit.
If a property owner is denied a permit because such owner cannot
comply with the requirements of this chapter with respect to the distance
requirements from the side lot line or from the nearest dwelling located
off the lot, such property owner may apply to the Zoning Board of
Appeals for an area variance.
Nothing contained herein shall authorize or allow burning which
is prohibited by codes, laws, rules or regulations promulgated by
the United States Environmental Protection Agency, New York State
Department of Environmental Conservation, or any other federal, state,
regional or local agency. Outdoor boilers and any electrical, plumbing
or other apparatus or device used in connection with an outdoor furnace
shall be installed, operated and maintained in conformity with the
manufacturer's specifications and any and all local, state and federal
codes, laws, rules and regulations. In case of a conflict between
any provision of this chapter and any applicable federal, state or
local ordinances, laws, codes, rules or regulations, the more restrictive
or stringent provision or requirement shall prevail.