Town of Amenia, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Amenia 12-12-2013 by L.L. No. 4-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform fire prevention and building code administration and enforcement — See Ch. 63.
Zoning — See Ch. 121.
[1]
Editor's Note: This local law also repealed former Ch. 84, Outdoor Wood Boilers, adopted 4-12-2007 by L.L. No. 1-2007, as amended.
A. 
This chapter is enacted in recognition of the impact that outdoor wood boilers have on the health, safety, and welfare of the citizens of the Town of Amenia.
B. 
It is the intent of the Town Board to enact comprehensive legislation that regulates the installation, use, and operation of residential and commercial outdoor wood boilers upon any public or private property within the Town.
C. 
The Town Board concludes that the baseline regulations contained in this chapter protect the health, safety and welfare of the residents of Amenia, while avoiding undue interference with the continued operation of outdoor wood boilers.
This chapter applies to outdoor wood boilers. Sections 84-6 and 84-7 apply specifically to new outdoor wood boilers. All other sections in this chapter apply generally to all outdoor wood boilers.
As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURAL LAND
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." Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.
CLEAN WOOD
Wood that has not been painted, stained, or treated with any other coatings, glues or preservatives, including, but not limited to, chromated copper arsenate, creosote, alkaline copper quaternary, copper azole or pentachlorophenol.
COMMENCE OPERATION
The initial start-up of the combustion chamber of a new outdoor wood boiler after all piping and electrical connections between the new outdoor wood boiler and the structure(s) it serves have been completed.
COMMERCIAL-SIZE NEW OUTDOOR WOOD BOILER
A new outdoor wood boiler with a thermal output rating greater than 250,000 British thermal units per hour (Btu/h).
DEC REGULATIONS
The regulations adopted by the New York State Department of Environmental Conservation contained in Title 6 of the New York Codes, Rules and Regulations, Chapter III, Subchapter A, Part 247.
ENFORCEMENT OFFICER
The Town Building Inspector and any other person the Town Board may designate by resolution as an enforcement officer for purposes of this chapter.
EPA REFERENCE METHOD 9
The method used for making a visual determination of the opacity of emissions from a stationary source as set forth in Appendix A of 40 CFR 60.
LP GAS (LIQUEFIED PETROLEUM GAS)
A gas liquefied by compression, consisting of flammable hydrocarbons, as propane and butane, obtained as a by-product from the refining of petroleum or natural gas.
MANUFACTURER
Any person who makes or produces a new outdoor wood boiler that is ultimately operated in New York.
MODEL
All new outdoor wood boilers manufactured by a single manufacturer that are similar in all material and design respects.
NATURAL GAS
A naturally occurring hydrocarbon gas mixture consisting primarily of methane and varying amounts of higher alkanes, as well as percentages of carbon dioxide, nitrogen, and hydrogen sulfide.
NEW OUTDOOR WOOD BOILER
An outdoor wood boiler that commences operation on or after the effective date of this chapter.
OUTDOOR WOOD BOILER
A fuel-burning device that is designed to burn wood or other fuels, is specified by the manufacturer for outdoor installation or installation in structures not normally occupied by humans, and 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.
PERSON
Any individual, firm, association, corporation, partnership, trust, estate, legal representative, company, foundation or fund, charitable organization, or other entity owning or occupying real property within the Town.
RESIDENTIAL-SIZE NEW OUTDOOR WOOD BOILER
A new outdoor wood boiler that has a thermal output rating of 250,000 Btu/h or less.
TEST METHOD 28 OWHH
"EPA Test Method 28 OWHH for Measurement of Particulate Emissions and Heating Efficiency of Outdoor Wood-Fired Hydronic Heating Appliances," Attachment 2 of the "EPA Outdoor Wood-fired Hydronic Heater Program Phase I Partnership Agreement" dated March 16, 2007 (see Chapter III, Table 1, section 200.9 of the DEC Regulations).
THERMAL OUTPUT RATING
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 operate an outdoor wood boiler that does not meet the requirements set forth in this part:
A. 
Building permit. No outdoor wood boiler may be constructed or installed unless the Building Inspector has first issued a building permit authorizing such construction or installation. Owners of outdoor wood boilers in existence at the time this chapter went into effect must contact the Building Inspector to obtain a permit.
B. 
Months of operation. Outdoor wood boilers are subject to a "no-burn" period between May 1 and October 1. Outdoor wood boilers may not be used or otherwise operated during that no-burn period.
C. 
Spark arrestor. All outdoor wood boilers must be equipped with a properly functioning spark arrestor.
D. 
Manufacturer's specifications. All outdoor wood boilers must be in strict compliance with the manufacturer's specifications pertaining to construction, installation, use, operation, and maintenance. In the event of a conflict between the manufacturer's specifications and the requirements of this chapter, the more restrictive standard shall control.
E. 
Locations. All outdoor wood boilers shall be located at least 1,000 feet from hospitals, schools and places of assembly. Except for commercial-size or residential-size new outdoor wood boilers installed on contiguous agricultural lands larger than five acres, all outdoor wood boilers shall be located at least 200 feet from all residential structures not being served by such outdoor wood boiler.
F. 
Prohibited fuels. No person shall burn any of the following items in an outdoor wood boiler:
(1) 
Wood that does not meet the definition of "clean wood";
(2) 
Unseasoned wood;
(3) 
Garbage;
(4) 
Tires;
(5) 
Yard waste, including lawn clippings;
(6) 
Materials containing plastic;
(7) 
Materials containing rubber;
(8) 
Waste petroleum products;
(9) 
Paints or paint thinners;
(10) 
Household or laboratory chemicals;
(11) 
Coal;
(12) 
Paper, except as described in § 84-5D of this chapter;
(13) 
Construction and demolition debris;
(14) 
Plywood;
(15) 
Particleboard;
(16) 
Fiberboard;
(17) 
Oriented strand board;
(18) 
Manure;
(19) 
Animal carcasses;
(20) 
Asphalt products;
(21) 
Salt water driftwood; or
(22) 
Any other fuel that is not recognized as an approved fuel pursuant to § 84-5 of this chapter.
G. 
Emissions.
(1) 
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 to property or which unreasonably interferes with the comfortable enjoyment of life or property. This prohibition applies, but is not limited to, the following conditions:
(a) 
Activating smoke detectors in neighboring structures;
(b) 
Impairing visibility on a public highway; or
(c) 
Causing a visible plume migrating from an outdoor wood boiler and contacting a building on an adjacent property.
(2) 
The prohibition further applies to any particulate, fume, gas, mist, odor, smoke, vapor, toxic or deleterious emission, either alone or in combination with others, emitted from an outdoor wood boiler that results in the conditions or circumstances listed in this subdivision notwithstanding the existence of specific air quality standards or emission limits.
H. 
Smoke plume. No person shall operate an outdoor wood boiler in such a manner as to create a smoke plume with an opacity of 20% or greater (six-minute mean) as determined using EPA Reference Method 9 (or equivalent) (see Chapter III, Table 1, Section 200.9 of the DEC Regulations).
A person who operates an outdoor wood boiler may only burn the following fuels in such outdoor wood boiler:
A. 
Seasoned clean wood;
B. 
Wood pellets made from clean wood;
C. 
Heating oil in compliance with Chapter 3, Subpart 225-1, of the DEC Regulations, LP gas or natural gas may be used as starter fuels for dual fuel-fired outdoor wood boilers;
D. 
Nonglossy, noncolored papers, including newspaper, may be used only to start an outdoor wood boiler; and
E. 
Other fuels approved by the DEC per the certification requirements of Chapter 3, Part 247, Section 247.8, of the DEC Regulations.
A. 
Emission limits. Residential-size new outdoor wood boilers must not emit particulate emissions at a rate greater than a weighted average of 0.32 pounds per million British thermal units heat output using the year-round weighting factors in Test Method 28 OWHH (see Chapter III, Table 1, Section 200.9, of the DEC Regulations). The particulate emission rate for any test run with a burn rate less than or equal to 1.5 kilograms per hour must not exceed 15 grams per hour. The particulate emission rate for any test run with a burn rate greater than 1.5 kilograms per hour must not exceed 18 grams per hour.
B. 
Setback.
(1) 
A residential-size new outdoor wood boiler shall not be located less than 100 feet from the nearest property boundary line.
(2) 
Notwithstanding the above, a residential-size new outdoor wood boiler installed on contiguous agricultural lands larger than five acres shall not be located less than 100 feet from the nearest residence not served by the outdoor wood boiler.
C. 
Stack height. A residential-size new outdoor wood boiler shall be equipped with a permanent stack extending a minimum of 18 feet above ground level. Notwithstanding the foregoing, if there is a roof structure within 150 feet of the residential-size new outdoor wood boiler, the permanent stack must extend at least two feet above the peak of said roof structure.
A. 
A commercial-size new outdoor wood boiler shall not be used in a solely residential application.
B. 
Emission limits. Commercial-size new outdoor wood boilers must not emit particulate emissions at a rate greater than a weighted average of 0.32 pounds per million British thermal units heat output using the year-round weighting factors in Test Method 28 OWHH (see Chapter III, Table 1, Section 200.9 of the DEC Regulations). Further, the particulate emission rate for any test run must not exceed 20 grams per hour.
C. 
Setbacks.
(1) 
A commercial-size new outdoor wood boiler shall not be located:
(a) 
Less than 200 feet from the nearest property boundary line;
(b) 
Less than 300 feet from a property boundary line of a residentially zoned property; and
(c) 
Less than 1,000 feet from a school;
(2) 
Notwithstanding the above, a commercial-size new outdoor wood boiler installed on contiguous agricultural lands larger than five acres must be sited 300 feet or more from the nearest residence not served by the outdoor wood boiler and 1,000 feet or more from a school.
D. 
Stack height. A commercial-size new outdoor wood boiler shall be equipped with a permanent stack extending a minimum of 18 feet above ground level. Notwithstanding the foregoing, if there is a roof structure within 150 feet of the commercial-size new outdoor wood boiler, the permanent stack must extend at least two feet above the peak of said roof structure.
In the event of noncompliance with the provisions of this chapter, the Enforcement Officer may issue an appearance ticket, returnable to the Town of Amenia Justice Court at a date and time as specified on the appearance ticket. The appearance ticket shall specify the alleged violation and the date and time thereof. A copy of the appearance ticket shall be forwarded to the Town Justice Court and shall be accompanied by any information detailing the violation.
Any person who shall violate this chapter or any of the provisions hereof or who shall fail or refuse to comply with the provisions of any written notice herein provided for shall be guilty of a violation and shall, upon conviction, be subject to a fine not to exceed $350 or a jail sentence of not more than 15 days, or both, for each violation, and each 24 hours during which said violation shall continue shall constitute a separate and distinct violation within the meaning of this chapter. The owners of the 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 wood boiler is located until paid.
No officer, agent or employee of the Town of Amenia shall be personally liable for any damage that may accrue to person or property as a result of any act required or permitted in the discharge of his or her duties under this chapter.
The invalidity of any clause, sentence, paragraph or provision of this chapter shall not invalidate any other clause, sentence, paragraph, or part thereof, and all other aspects of this chapter shall remain in full force and effect.