[HISTORY: Adopted by the Town Board of the Town of Potsdam 11-6-2014 by L.L. No. 3-2014. Amendments noted where applicable.]
This chapter is adopted pursuant to the authority of § 10
of the Municipal Home Rule Law of the State of New York and shall
be known as "Outdoor Wood Boiler Law of the Town of Potsdam."
This chapter is intended to ensure that outdoor wood boilers
are utilized in a manner that does not create a nuisance by reason
of the production of offensive odors and potential adverse health
impacts and are not detrimental to the health, safety, and general
welfare of the residents of the Town of Potsdam.
The Town of Potsdam hereby incorporates by reference all of
the definitions, terms, conditions and regulations of 6 NYCRR 247.1
through 6 NYCRR 247.10 as if more fully set forth herein. With regard
to the establishment of an outdoor boiler within the Town of Potsdam,
all citizens of the Town of Potsdam are referred to the regulations
established by the Department of Environmental Conservation in the
above-referenced sections except for that portion of this chapter
that shall impose additional requirements upon an applicant to establish
an outdoor burning boiler.
Permit required. No outdoor wood boiler shall be replaced or
installed without first obtaining a building permit from the Town
of Potsdam, inspected for compliance with the New York State Uniform
Fire Prevention and Building Code and is in compliance with all of
the terms, conditions and requirements of 6 NYCRR Part 247.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person committing an offense against any of the provisions
of this chapter, shall upon conviction thereof, be punishable by a
fine of not more than $250 or by imprisonment for not more than 15
days, or both, and each week the offense is continued shall constitute
a separate and distinct offense.
The provisions of this chapter are separate and if any provision,
clause, sentence, subsection, word, or part thereof is held illegal,
invalid, unconstitutional, or inapplicable to any person or circumstance,
such illegality, invalidity, constitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words, or parts of this chapter or their application
to other persons or circumstances. It is hereby declared to be the
legislative intent that this chapter would have been adopted if such
illegal, invalid, or unconstitutional provision, clause, sentence,
subsection, word, or part had not been included therein, and if such
person or circumstance, to which the chapter or part thereof is held
inapplicable, had been specifically exempted therefrom.
