[HISTORY: Adopted by the Town Board of the
Town of Hurley 5-21-2007 by L.L. No. 1-2007; amended in its entirety 10-15-2007 by L.L. No.
4-2007. Subsequent amendments noted where applicable.]
This chapter shall be known as the Town of Hurley "Outdoor Woodburning Boiler Local Law." It is adopted pursuant to Home Rule. This chapter is enacted pursuant to the powers granted to the Town by virtue of Article IX, § 2(c)(5) of the New York State Constitution.
The Town of Hurley Code Enforcement Officer
or any person who may hereafter be designated by resolution of the
Town Board of Town of Hurley is hereby authorized to undertake under
take and prosecute any proceedings necessary or appropriate to enforce
compliance with this chapter.
Outdoor woodburning boilers (OWB) may provide
an economical alternative to conventional heating systems. However,
the New York State Attorney General's Office and the NYS Department
of Environmental Conservation found that outdoor woodburning boilers
are among the dirtiest and least-economical modes of heating. Outdoor
woodburning boilers produce offensive odors and fine particulate matter
pollution with both negative short-term and long-term health consequences.
Outdoor woodburning 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
woodburning boilers, this Town of Hurley law will impose reasonable
limits and performance standards on outdoor woodburning boilers so
that outdoor woodburning boilers do not endanger the health, safety,
comfort, and general welfare of the residents and inhabitants of the
Town of Hurley.
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 two inches in diameter.
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 used as a component
of a heating system providing heat to the principal structure or any
other site, building, or structure on the premises, or for any interior
space or object such as a pool or hot tub.
Dry natural wood which has been milled and dried but which
has not been painted, varnished or coated with a similar material;
treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint, or other substance; has not been pressure-treated
with preservatives and does not contain resins or glues as in plywood
or other composite wood products. Seasoned hardwood lumber may not
include any milled coniferous wood.
Any person or entity either owning, occupying, or using the
property at the time the outdoor woodburning boiler has been either
installed and/or operated in violation of this chapter.
Upon adoption of this chapter, no person shall
cause, install, allow or maintain the use of an outdoor woodburning
boiler (OWB) within the Town of Hurley without first having obtained
an installation permit from the Town Code Enforcement Officer. The
person applying for a permit must provide proof at time of application
that the unit they are purchasing is the least-polluting OWB available
on the market as defined by the Northeast States for Coordinated Air
Use Management (NESCAUM) and the New York State Attorney Generals
Office, and approved by the Environmental Protection Agency (EPA).
A copy of the original receipt showing the vendor information, purchase
price, product description, purchase date, and purchaser information
for the OWB must be provided to the Town Code Enforcement Officer
and it will remain on file with said person. The fee for the outdoor
woodburning boiler (OWB) is set by a resolution of the Town Board
of Hurley and the Board has the authority to alter the fee periodically.
An installation permit issued under this chapter constitutes a requirement
to comply with all provisions of this chapter and any additional special
restrictions deemed necessary to protect public health and safety.
The Town of Hurley Authority, as defined above, may suspend a permit
issued pursuant to this chapter if it is determined to be necessary
to protect the public health, safety, and welfare of the residents
of the Town of Hurley.
"Existing" or "in existence" means that the
OWB is in place on the site.
A.
Permit required.
(1)
Any outdoor woodburning boiler (OWB) in existence on the effective date of this chapter shall be permitted to remain provided that the owner applies for a permit from the Town of Hurley Building Department within 30 days of such effective date. Upon the effective date of this chapter, all the provisions hereof except § 136-7C, D, and E shall immediately apply to existing outdoor woodburning boilers (OWB). All of the provisions of this chapter shall continue to apply to existing outdoor woodburning boiler (OWB) which receive permits except § 136-7C, D, and E. If the owner of an existing outdoor woodburning boiler (OWB) does not apply permit within 30 days of the effective date of this chapter, the owner shall not be allowed to continue the outdoor woodburning boiler's (OWB) use. Continued use of the outdoor woodburning boiler (OWB) without a permit will be considered in violation of this chapter and thereby constitute penalties of a fine $500 per day and/or imprisonment for a period of not more than 30 days or both. If the fines are not paid, then said fines shall be charged to the property so affected by including such expense in the next annual Town tax levy against the property.
(2)
If the owner applied for a permit within 30 days of
the effective date of this chapter, the Town shall abstain from imposing
any fine or punishment until such time as a decision on the application
for a permit has been made by Town of Hurley Building Department.
B.
Any existing outdoor woodburning boiler (OWB) which is currently on any parcel or location in the Town of Hurley Zoning Map, § 210-7, Chapter 210 of the Hurley Town Code, as of the date of enactment of this chapter; and which has been unused, abandoned, or discontinued for a period of one year; or the authority having jurisdiction over OWBs decides that a unit has become unable to be operated efficiently due to age of equipment or has become substantially damaged, said unit shall not be allowed to be repaired, enlarged, restored, replaced, or rebuilt. In addition, any existing OWB upon meeting the above status must be immediately removed by the property owner from the subject premises.
(1)
If the property owner fails to remove the outdoor
woodburning boiler (OWB) by the end of said one-year period, the Town
of Hurley Authority shall serve notice on the owner to remove the
outdoor woodburning boiler (OWB) within 15 days of the date the said
notice. This written notice shall be by certified mail or by personal
service to the owner of the property upon which the OWB is located.
(2)
Should the outdoor woodburning boiler (OWB) not be
removed with the time specified the Town of Hurley Authority, the
Town shall take all reasonable steps to effect its removal.
(3)
The costs incurred by the Town to effect said removal
(including any attorneys' fees incurred by the Town to effect the
removal), plus an amount equal to 50% of said cost of 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 presented to the owner. If said expense is not paid
within said 30 days, 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.
A.
Permitted fuel. Only firewood and untreated seasoned hardwood lumber, as defined in § 136-4 above, are permitted to be burned in any outdoor woodburning boiler (OWB). Burning of any and all other materials in an outdoor woodburning boiler (OWB) is strictly prohibited. If a violation is found to involve any strictly prohibited fuels, then the punishment for such violation shall be $500 per day and/or imprisonment for a period of not more than 30 days or both.
B.
Continuous cover. The owners of the outdoor woodburning
boiler (OWB) must provide continuous, sufficient, and substantial
cover for permitted fuel to ensure the integrity of the fuel is not
jeopardized by being exposed to moisture.
C.
Permitted zones. Outdoor woodburning boilers (OWB) shall be permitted only in the A-4 Zoning District or A-2.5 Zoning District where the setback requirements can be met, as described in Subsection D and E, as depicted on the Town of Hurley Official Zoning Map, § 210-7, Chapter 210 of the Hurley Town Code.
D.
Minimum lot size shall be four acres or more.
E.
Setbacks. Outdoor woodburning boilers (OWB) shall
be set back 500 feet or more from the property line. In addition,
any property which is divided by any shared driveway, public or private
right-of-way, or public or private road shall have an OWB setback
of 500 feet from the edge of any such shared driveway, public or private
rights-of-way, or public or private road as well.
F.
Months of operation. Outdoor woodburning boilers (OWB)
shall be operated only between October 15 through April 15.
G.
Smokestack. All existing units in the Town of Hurley
shall be equipped with a permanent smokestack which shall be two feet
above the peak of all neighbors' home(s) that are within 500 feet
of an existing outdoor woodburning boiler (OWB). All other outdoor
woodburning boilers (OWB) shall be equipped with a permanent smokestack
no less than 12 feet high.
Town of Hurley Authority as defined above in § 136-2 may suspend a permit issued pursuant to this chapter if it is determined to be necessary to protect the public health, safety, and welfare of the residents of the Town of Hurley if any of the following conditions occurs:
A.
Malodorous air contaminants, emissions, or smoke from
the outdoor woodburn boiler (OWB) is detected outside the property
boundaries of the person on whose land the outdoor woodburning boiler
(OWB) is located; or
B.
The emissions from the outdoor woodburning boiler
(OWB) cause damage to vegetation or property; or
C.
The owners of the outdoor woodburning boiler (OWB)
burn other than permitted fuel; or
D.
The owners of the outdoor woodburning boiler (OWB)
fail to provide continuous, sufficient, and substantial cover for
the permitted fuel, thereby jeopardizing the fuel's integrity due
to being exposed to moisture; or
E.
Emissions from an outdoor woodburning boiler (OWB)
which exhibit greater than twenty-percent opacity (six-minute average),
except for one continuous six-minute period per hour of not more than
twenty-seven-percent opacity, which shall be determined as provided
by NYCRR 227-1.3(b). If a complaint is made on an OWB and through
an inspection or pictures and/or video it appears (no measurement
is needed by the Town) that the OWB does not meet the EPA opacity
standards, then the Town can force the OWB owner to prove to the Town
that his/her OWB meets the EPA opacity standards. If the OWB does
not meet opacity-emission standards, the OWB owner will be responsible
to repair his/her OWB for compliance.
F.
Any outdoor woodburning boiler (OWB) which has been
unused, abandoned, or discontinued for a period of one year; or the
authority having jurisdiction over OWBs decides that a unit has become
unable to be operated efficiently due to age of equipment or has become
substantially damaged to the extent of 50% of the unit's value as
identified and filed at time of permit issuance, said unit shall not
be allowed to be repaired, enlarged, restored, or rebuilt. In addition,
any OWB upon meeting the above status must be immediately removed
by the property owner from the subject premises.
(1)
If the property owner fails to remove the outdoor
woodburning boiler (OWB) by the end of said one-year period, the Town
of Hurley Authority shall serve notice on the owner to remove the
outdoor woodburning boiler (OWB) within 15 days of the date the said
notice. This written notice shall be by certified mail or by personal
service to the owner of the property upon which the OWB is located.
(2)
Should the outdoor woodburning boiler (OWB) not be
removed with the time specified the Town of Hurley Authority, the
Town shall take all reasonable steps to effect its removal.
(3)
The costs incurred by the Town to effect said removal
(including any attorneys fees incurred by the Town to effect the removal),
plus an amount equal to 50% of said cost of 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 presented to the owner. If said expense is not paid within said
30 days, 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.
Where the Town 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 Town Board may impose such conditions
and requirements as it deems reasonable and prudent. The Town Board
may, at its discretion, hold a public hearing as part of its review.
If the Town Board grants the waiver, a permit shall be issued for
the outdoor woodburning boiler (OWB). If the Town Board denies the
waiver, the OWB must either be brought into compliance with the Local
Law or removed. If the Town 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.
The owners of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this chapter. Failure to comply with any of the provisions of this chapter shall severally for each and every violation be guilty of a misdemeanor, and shall be punishable by a fine of not more than $500 per day of violation or imprisonment for a period of not more than one year, or both. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue; and all such owners shall be required to correct or remedy such violation or defects within a reasonable time as specified, and each day that a violation occurs shall constitute a separate offense. In addition, if owners continually fail to correct such violations or defects, the Town of Hurley Authority as defined above in § 136-2 may revoke any permit issued pursuant to this chapter and the subject OWB shall not be eligible for another permit. Any fine imposed hereunder shall be charged to the property so affected by including such expense in the next annual Town tax levy against the property.
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, any other
federal, state, regional, or local agency. OWBs and any electrical,
plumbing or other apparatus or device used in connection with an OWB
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.
