2010 April 12: NY Gasport: OUTDOOR BOILER HEARING
The law to be reviewed is as follows…
TOWN OF ROYALTON
A Local Law Entitled "Outdoor Boilers."
Be it enacted by the Town Board of the Town of Royalton as follows:
Definition by: Rule 6 NYCRR Par 241:
OUTDOOR BOILER – A fuel burning device (EPA Approved) that (a) is designed to burn wood or other approved fuels; (b) is specified by the manufacturer for outdoor installation or installation in structures not normally occupied by humans; and (c) 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.
The purpose of this Chapter is to add a new local law regulating the installation, Operation and maintenance of outdoor boiler within the Town of Royalton. This local law is intended to insure that outdoor 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 Town.
B. Operation Requirements
Any items not specifically allowed by the manufacturer or this section or any item prohibited by Federal, State or County law, rule or regulation are prohibited.
C. Permit Required
No person shall cause, allow or maintain the use of an outdoor boiler within the Town of Royalton without first having obtained a permit from the Town of Royalton. Application for permit shall be made on the form provided and includes a site Diagram. The cost of a permit application shall be as set forth on the Fee Schedule of the Town as amended from time to time. Editor’s Note: The Fee Schedule is on file in the office of the Town Clerk. The Town shall have the right to inspect the installation for safety and/or other code violations and to ensure the unit is installed per manufacturer’s recommendations.
D. Existing Outdoor Boilers
Any outdoor boiler in existence on the effective date of this chapter shall be permitted to remain in operation and shall not require a permit.
E. Specific Requirements
1. Minimum lot size. Outdoor boilers shall be permitted only on lots of one acre or more.
2. Setbacks. Outdoor boilers shall be set back not less than 15O feet from the nearest dwelling located off the lot serviced by that outdoor boiler and not less than 50 feet from the property line. No outdoor boilers shall be located in front of a dwelling, house or outbuilding facing a road or highway.
If a property owner is denied a permit because such owner cannot comply with the requirements of this chapter with respect to the distance requirements from the side lot line or from the nearest dwelling located off the lot, such property owner may apply to the Zoning Board if Appeals for an area variance.
G. Enforcement/Revocation of Permit.
Failure to comply with any of the provisions of this chapter shall be a violation and enforceable pursuant to Town Zoning Ordinance Section 106. If any permit issued pursuant to this chapter is revoked, the subject outdoor boiler property owner and/or operator shalr not be eligible for another Permit until violations are corrected and documented by CEO.
H. Effect of Other Regulations
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 boilers and any electrical, plumbing or other apparatus or device used in connection with an outdoor 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, laws, codes, rules or regulations, the more restrictive or stringent provision or requirement shall prevail.
I. EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New York State Secretary of State.