[HISTORY: Adopted by the Town Board of the Town of Mount
Hope 10-27-2008 by L.L. No. 3-2008. Amendments noted where applicable.]
This chapter shall be referred to as the "Town of Mount Hope
Outdoor Wood-Burning Boilers/Furnaces Local Law."
Although outdoor wood-burning boilers/furnaces may provide an
economical alternative to conventional heating systems, concerns have
been raised regarding the safety and environmental impact of these
heating devices, particularly the emission of offensive odors and
potential health effects of uncontrolled emissions. This chapter is
intended to ensure that outdoor wood-burning boilers/furnaces 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:
Trunks and branches of trees and bushes but does not include
leaves, needles, vines or brush smaller than three inches in diameter,
that have been allowed to season.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy, and uses water or
any liquid medium to transfer heat used as a component of a heating
system providing heat for any interior space.
An outdoor wood-burning boiler/furnace that has been tested
and demonstrated to meet current United States Environmental Protection
Agency (EPA) emission standards for such device and has received certification
of approval from EPA.
Dry wood which has been milled and dried but which has not
been treated, or combined with any petroleum products, chemical, preservative,
glue, adhesive, stain, paint or other substance.
No person shall cause, allow or maintain the use of an outdoor
wood-burning boiler/furnace within the Town of Mount Hope without
first having obtained a permit from the Town of Mount Hope Building
Department upon the form prescribed by the Town of Mount Hope Building
Department and the payment of an application fee in an amount authorized
by resolution of the Town Board of the Town of Mount Hope. No person
shall utilize an outdoor wood-burning boiler/furnace within the Town
of Mount Hope without having obtained a certificate of compliance
from the Town of Mount Hope Building Department.
The use of outdoor wood-burning boilers/furnaces shall be prohibited
between the period of June 1 through and including August 31 of each
year.
A.
Any outdoor wood-burning boiler/furnace in existence on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit from the Town Building Inspector within one year of such effective date; and further provided, however, that upon the effective date of this chapter, all provisions hereof shall immediately apply to existing outdoor wood-burning boilers/furnaces except § 128-7C, D and G hereinbelow. All of the provisions of this chapter shall continue to apply to existing outdoor wood-burning boilers/furnaces which receive permits except § 128-7C, D and G hereinbelow. If the owner of an existing outdoor wood-burning boiler/furnace does not receive a permit within one year of the effective date of this chapter, the outdoor wood-burning boiler/furnace shall be removed. "Existing" or "in existence" means that the outdoor wood-burning boiler/furnace is in place on the site.
B.
Any preexisting outdoor wood-burning boiler/furnace which has not been utilized for a period of one year or more after the effective date of this chapter shall be deemed abandoned and shall not be permitted to be operated without full compliance with all of the provisions of this chapter, including, but not limited to, §§ 128-4 and 128-7 as set forth herein.
C.
Should any preexisting outdoor wood-burning boiler/furnace be replaced,
destroyed, substantially damaged or abandoned after the effective
date of this chapter, then, and in that event, any proposed replacement
or new outdoor wood-burning boiler/furnace shall meet all requirements
of this chapter.
A.
Permitted fuel. Only firewood and untreated lumber or any other fuel
that is approved by the manufacturer or the outdoor wood-burning boiler/furnace
(such as corn) are permitted to be burned in outdoor wood-burning
boiler/furnace. Burning any and all other materials in an outdoor
wood-burning boiler/furnace is prohibited.
B.
Permitted zones. Outdoor wood-burning boilers/furnaces shall be permitted
in any zone.
C.
Minimum lot size. Outdoor wood-burning boilers/furnaces shall be
permitted only on lots of two acres or more.
D.
Setbacks.
(1)
Outdoor wood-burning boilers/furnaces shall be set back not less
than 100 feet from the property line and shall not be located in the
front of the lot or less than 25 feet from the structure to be heated.
(2)
Outdoor wood-burning boilers/furnaces shall not be located in the
front of any lot nor closer to the front lot line than the principal
residence structure located thereon.
E.
Spark arresters. All outdoor wood-burning boilers/furnaces shall
be fitted with properly functioning spark arresters which have been
approved by the manufacturer of the equipment.
F.
Chimney height. If an outdoor wood-burning boiler/furnace is located
within 200 feet from a neighboring dwelling, the chimney height shall
be at least as high in elevation as the roofline of the neighboring
dwelling. Under no circumstances shall the chimney be higher than
30 feet. Special care shall be taken to ensure the structural integrity
of any chimney.
G.
Outdoor wood-burning boilers/furnaces must be United States Environmental
Protection Agency approved.
H.
No more than one outdoor furnace shall be permitted on a lot.
A.
A permit issued pursuant to this chapter may be suspended as the
Building Inspector may determine to be necessary to protect the public
health, safety and welfare of the residents of the Town of Mount Hope
if any of the following conditions occurs:
(1)
Emissions from the outdoor wood-burning boiler/furnace exhibit greater
than 20% opacity (six-minute average), except for one continuous six-minute
period per hour of not more than 27% opacity, which shall be determined
as provided in 6 NYCRR 227-1.3(b);
(2)
Malodorous air contaminants from the outdoor wood-burning boiler/furnace
are detectable outside the property of the person on whose land the
outdoor wood-burning boiler/furnace is located;
(3)
The emissions from the outdoor wood-burning boiler/furnace interfere
with the reasonable enjoyment of life or property;
(4)
The emissions from the outdoor wood-burning boiler/furnace cause
damage to vegetation or property;
(5)
The emissions from the outdoor wood-burning boiler/furnace are or
may be harmful to human or animal health;
(6)
Prohibited fuels are burned; or
(7)
The outdoor wood-burning boiler/furnace is not maintained in proper
working order and/or the same has been modified so that it no longer
conforms with United States Environmental Protection Agency standards
or approval.
B.
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurance is given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this chapter subject to the penalties provided in § 128-9 hereof.
A.
Violations. A violation of this chapter is hereby declared to be
an offense, punishable by a fine not exceeding $250 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
not less than $500 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts, provisions
of law relating to misdemeanors shall apply to such violations. Each
day's continued violation shall constitute a separate additional
violation. The owners or occupants of premises upon which prohibited
acts occur shall be jointly and severally liable for violations of
this chapter. Any fine imposed hereunder shall, until paid, constitute
a lien upon the real property where the outdoor wood-burning boiler/furnace
is located.
B.
Appropriate Town actions. In case any outdoor wood-burning boiler/furnace
is erected, constructed, altered, converted or maintained or any outdoor
wood-burning boiler/furnace is used in violation of this chapter or
of any local law or other regulation made under authority conferred
thereby, the proper local authorities of the Town, in addition to
other remedies, may institute any appropriate action or proceeding
to prevent such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance or use of an outdoor wood-burning boiler/furnace(s)
to restrain, correct or abate such violation; to prevent the use of
an outdoor wood-burning boiler/furnace(s); or to prevent any illegal
act, conduct, business or use, in or about such outdoor wood-burning
boiler/furnace(s).
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 wood-burning boilers/furnaces, and
any electrical, plumbing or other apparatus or device used in connection
with an outdoor wood-burning boiler/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 conflict between any provision of this chapter and any
applicable federal, state or local ordinances, codes, laws, rules
or regulations, the more restrictive or stringent provision or requirement
shall prevail. Outdoor wood-burning boilers/furnaces must conform
to all other applicable regulations of the Town's Local Zoning
Laws.[1]
