[HISTORY: Adopted by the Board of Trustees of the Village
of Hancock 4-26-2007 by L.L. No. 1-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 115.
This chapter shall be known as the "Village of Hancock Outdoor
Wood-Fired Boilers Law."
Although outdoor wood-fired boilers may provide an economical
alternative to conventional heating systems, concerns have been raised
regarding the safety and environmental impacts of these heating devices,
particularly the production of offensive odors and potential health
effects of uncontrolled emissions. This chapter is intended to ensure
that outdoor wood-fired 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 Village of Hancock.
As used in this chapter, the following terms shall have the
meanings indicated:
Any equipment, devise, 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 used as a component
of a heating system providing heat for any interior space.
No person shall cause, allow or maintain the use of an outdoor
wood-fired boiler within the Village of Hancock without first having
obtained a permit from the Village Clerk. Application for a permit
shall be made to the Village Clerk on the forms provided at a cost
as set from time to time by resolution of the Board of Trustees.
A.
Any outdoor wood-fired boiler in existence on the effective date
of this chapter will be permitted to remain. All provisions hereof
except for the setback requirements shall immediately apply to an
existing outdoor wood-fired boiler.
B.
"Existing" or "in existence" means that the outdoor wood-fired boiler
is in place on the site and is functioning.
A.
Permitted fuel. Only firewood and untreated lumber are be permitted
to be burned in any outdoor wood-fired boiler. Burning of any and
all other materials in an outdoor wood-fired boiler is prohibited.
B.
Setbacks. Outdoor wood-fired boilers shall be set back not less than
20 feet from the nearest lot line. The outdoor wood-fired boiler may
not be installed on the front half of any lot.
C.
Height of smokestack. The smokestack attached to the outdoor wood-fired
boiler must exceed six feet and be higher than any adjacent structures
within 50 feet of the boiler.
D.
Spark arrestors. All outdoor wood-fired boiler shall be equipped
with properly functioning spark arrestors.
A.
A permit issued pursuant to this chapter may be suspended, as the
Code Enforcement Officer may be determined to be necessary to protect
the public health, safety and welfare of the residents of the Village
of Hancock if any of the following conditions occurs:
(1)
Malodorous air contaminants from the outdoor wood-fired boiler are
detectable outside the property of the person on whose land the outdoor
wood-fired boiler is located.
(2)
The emissions from the outdoor wood-fired boiler interfere with the
reasonable enjoyment of life or property.
(3)
The emissions from the outdoor wood-fired boiler cause damage to
vegetation or property.
(4)
The emissions from the outdoor wood-fired boiler are or may be harmful
to human or animal health.
B.
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are 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 § 76-9 hereof.
When the Village Board finds that extraordinary and unnecessary
hardships may result from strict compliance with this chapter, it
may vary the regulations so that substantial justice may be done and
the public interest secured, provided that such variations will not
have the effect of nullifying the intent and purpose of this chapter
or of jeopardizing the health, safety or welfare of the public. In
varying any regulations, the Village Board may impose such conditions
and requirements as it deems reasonable and prudent. The Village Board
may, at its discretion, hold a public hearing as part of its review.
If the Village Board grants the waiver, a permit shall be issued for
the outdoor wood-fired boiler. If the Village Board denies the waiver,
the outdoor wood-fired boiler must either be brought into compliance
with this chapter or removed. If the Village Board does not take any
action with respect to the waiver within 60 days from its receipt
of an application for waiver, the waiver shall be deemed denied.
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 30 days, or both. In addition, any permit
issued pursuant to this chapter shall be revoked upon conviction of
a second offense, and the subject outdoor wood-fired boiler shall
not be eligible for another permit. 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 wood-fired boiler is located
until paid.
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-fired boilers, or any electrical,
plumbing or other apparatus or device used in connection with an outdoor
wood-fired boiler, 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, codes, laws, rules, or regulations,
the more restrictive or stringent provision or requirement shall prevail.
