[HISTORY: Adopted by the Town Board of the Town of Lysander 5-11-2009 by L.L. No. 1-2009 (Ch. 96 of the 1989 Code). Amendments noted where applicable.]
While outdoor boilers are advertised as an economical alternative
to conventional heating systems, the New York State Attorney General's
Office and the Department of Environmental Conservation found that
outdoor boilers are among the dirtiest and most expensive means of
heating. Outdoor boilers produce offensive odors and fine particulate
matter pollution with both negative short-term and long-term health
consequences. Outdoor boilers also deprive neighboring residents of
the enjoyment of their property and/or use of their premises. Since
neither federal nor New York State laws adequately regulate outdoor
boilers, this chapter will impose reasonable limits and performance
standards on outdoor boilers so that such devices do not endanger
the health, safety, comfort, and general welfare of the residents
and inhabitants of the Town of Lysander.
As used in this chapter, the following terms shall have the
meanings indicated:
Any equipment, device or apparatus, or any part thereof,
which is installed or situated outside for the primary purpose of
combustion of fuel to heat water or other fluid, which in turn is
used as a component of a heating system providing heat and/or hot
water for any space. Swimming pool and other heaters using only natural
gas or propane as fuel are exempt from this definition.
Trunks and branches of trees and bushes that have been cut
and dried for at least one year, but does not include leaves, needles,
vines or brush smaller than two inches in diameter.
Dry wood which has been milled and dried but which has not
been treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint or other substance.
A.
Compliance required. Following the enactment of this chapter, no
person shall operate an outdoor boiler within the Town of Lysander,
except in compliance with the provisions of this chapter; and without
first having obtained a permit from the Code Enforcement Officer.
Application for a permit shall be made to the Code Enforcement Officer
on forms provided. Permit fees shall be set by resolution of the Town
Board.
B.
Exception for existing boilers. Any outdoor boiler previously installed and in operation at the time of the enactment of this chapter shall be permitted to remain and to be operated as a nonconforming use, provided that the use conforms with the provisions of § 109-4C, D, E and F, and § 109-5 of this chapter following the effective date of this chapter.
A.
Permitted locations. Outdoor boilers shall be permitted only in the
Agricultural and AR-40 Zoning Districts.
B.
Minimum lot size and setbacks. An outdoor boiler shall only be allowed
on a parcel of land at least two acres in size and the outdoor boiler
shall be set back a minimum of 50 feet from the nearest property line
and 50 feet from the nearest public road.
C.
Permitted fuel. Seasoned firewood and untreated lumber are permitted
to be burned in any outdoor boiler. Other comparable, clean-burning
material, such as corn or composite materials designed to minimize
particulate emissions, may also be burned in an outdoor boiler. Burning
of any and all other materials, including, without limitation, rubbish,
garbage, paint, furniture, composite shingles, construction debris,
waste oil, products containing asphalt, treated, painted or stained
wood, plywood, plastics, synthetic fabrics, foam, rubber, including
tires, newspaper, corrugated cardboard, office paper and container
board in an outdoor boiler is strictly prohibited.
D.
Manufacturer's instructions. All outdoor boilers shall be installed,
operated, and maintained in accordance with the manufacturer's instructions,
except where this chapter provides a more restrictive requirement.
No alterations of an outdoor boiler shall be made following initial
installation except modifications that improve combustion efficiency
and reduce particulate emissions.
E.
Spark arrestors. All outdoor boilers shall be equipped with properly
functioning spark arrestors or be in conformity with manufacturer's
specifications with regard to the release of sparks.
F.
Smokestack height. Outdoor boilers shall have a chimney that extends
at least 12 feet above the ground at the point where the boiler is
located.
An outdoor boiler shall be removed if it is determined that
emissions from the outdoor boiler contain pollutants, air contaminants
or particulates, or exhibit opacity in excess of those levels permitted
by Chapter III of the regulations of the New York State Department
of Environmental Conservation (6 NYCRR Parts 200 through 317) for
stationary combustion devices.
The Code Enforcement Officer and the Code Enforcement Officer's
assistants, deputies and designees shall be permitted to enter upon
any and all real property on which there is located an outdoor boiler
for the purpose of enforcing the provisions of this chapter.
A.
Failure to comply with any of the provisions of this chapter shall
be a violation and, upon conviction thereof, shall be punishable by
a fine of not more than $500 or imprisonment for a period of not more
than 10 days, or both, for the first offense. Any subsequent offense
shall be punishable by a fine of not more than $1,000 or imprisonment
for a period of not more than 15 days, or both. Each day that a violation
occurs shall constitute a separate offense. The owners of premises
upon which prohibited acts occur shall be jointly and severally liable
for violations of this chapter. Any fine imposed hereunder shall constitute
a lien upon the real property where the outdoor boiler is located
until paid.
B.
If the provisions of this chapter require the removal of an outdoor
boiler, and the outdoor boiler is not removed within 30 days of the
event which requires the removal, the Code Enforcement Officer shall
take reasonable steps to effect the removal of the outdoor boiler,
including, without limitation, the commencement of a legal proceeding
with the approval of the Town Board to have the boiler removed. The
costs incurred by the Town to effect said removal (including any attorney's
fees incurred by the Town to effect the removal) shall be charged
to the owner of said premises. Said expense shall be paid by the owner
of the property so affected within 30 days from the date said costs
are forwarded to the owner identified in the latest tax roll by mail
to the address where tax bills are sent. If said expense is not paid
within said thirty-day time frame, then said expense shall be charged
to the property so affected by including such expense in the next
annual Town tax levy against the property.
