(a) Definitions. For the purposes of this section the following words and phrases shall have the meaning given herein:
(1) "Clean Wood" means wood that has no paint, stain, or other types of coatings, and wood that has not been treated with, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
(2) "Property Line" means a line bounding a lot, which divides one lot from another or from a street or any other public or private space.
(3) "Nuisance" means emission of air contaminants to the outdoor atmosphere of such quality, characteristic or duration that is injurious to human, plant or animal life or to property, or that unreasonably interferes with the comfortable enjoyment of life or property.
(4) "Outdoor Wood Boiler" means a fuel burning device:
A. Designed to burn wood or other solid fuels;
B. That the manufacturer specifies for outdoor installation or in structures not normally occupied by humans; and
C. That heats building space and water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.
(b) Permit Required. No person shall install, use, operate or maintain an outdoor wood boiler without first having obtained a permit from the Zoning Inspector.
(c) Applications.
(1) Every person required to obtain a permit to own, operate, or maintain an outdoor wood boiler under the provisions of this chapter shall submit an application for such permit to the Zoning Inspector that identifies the location of the property with a street address and tax map and lot number, the name address and telephone number of the applicant and any co-applicants, as well as agents for the same.
(2) Every applicant shall submit a scaled drawing of the property, identifying the property boundaries, depicting and labeling any structures on the property, and identifying the property lines, the proposed location of an outdoor wood boiler on the lot and its distance from property lines.
(3) All applications shall be signed by the owner or owners of the property, lessee, or other person having legal control of the property, certifying that the information in the application is complete and correct. If the person signing the application is not the owner or lessee of the property, then that person shall submit a letter of authorization from the owner or lessee.
(4) The application shall be accompanied by a non-refundable application fee bearing a reasonable relationship with the costs incurred by the Village in the administration and enforcement of this chapter, which fee shall be established by the Village Council and may be amended from time to time.
(d) Existing Outdoor Wood Boilers. Within sixty (60) days of the effective date of this section, any person operating or maintaining an outdoor wood boiler shall apply to the Zoning Inspector for a permit to maintain the outdoor wood boiler. If an application is made within the time required, the use may continue pending consideration by the Zoning Inspector. If the application is granted, the use shall comply with the provisions of this section.
(e) Permit Standards. An outdoor wood boiler shall comply with the following requirements:
(1) Permitted Fuel. Only clean wood is permitted to be burned in an outdoor wood boiler. Burning any other material in an outdoor wood boiler is expressly prohibited and is a violation of this section.
(2) Emissions Standard. No person shall own, operate or maintain an outdoor wood boiler unless it meets a particulate matter emission limit of 0.32 pounds per million British Thermal Units ("lbs/MMBtu") heat input.
(3) Setback and Stack Height Requirements.
A. No person shall install, own, operate or maintain an outdoor wood boiler that has been certified to meet a particulate matter emission limit of 0.32 lbs/MMBtu, unless the outdoor wood boiler:
1. If no residence is located within 300 feet from the outdoor wood boiler, the outdoor wood boiler shall be installed at least 100 feet from the nearest property line and have an attached stack with a minimum stack height of 10 feet above ground level;
2. If a neighboring residence is located within 300 feet from the outdoor wood boiler, the outdoor wood boiler shall be installed at least 100 feet from the nearest property line and have a permanent stack height extending two feet higher than the peak of the roof of the structure being served by the outdoor wood boiler.
(4) Certification. No person shall own, operate or maintain an outdoor wood boiler in the Village unless the outdoor wood boiler has received certification pursuant to the United States Environmental Protection Agency Outdoor Wood-Fired Hydronic Heater Program or an alternative certification program approved by the Maine Department of Environmental Protection for certification of outdoor wood boilers. The certification shall demonstrate that the outdoor wood boiler meets the applicable emission standard of this section.
(5) Months of Operation. Outdoor wood boilers may be operated only between October 15 and April 15 of each year.
(6) Nuisance. No person shall operate an outdoor wood boiler in such a manner as to create a nuisance.
(7) Replacements. If an outdoor wood boiler is replaced or upgraded, a permit shall be required pursuant to above and shall comply with all provisions of this section.
(f) Enforcement and Administration.
(1) Enforcement.
A. The Zoning Inspector or his designee shall enforce the provisions of this section. If, after investigation, the Zoning Inspector finds that any provision of this section is being violated, he shall notify in writing the person responsible for such violation, and order the action necessary to correct it. A copy of the notice shall be maintained as a permanent record.
B. When the above action does not result in the correction or abatement of the violation or nuisance condition, the Mayor, upon notice from the Zoning Inspector, may institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations and the imposition of fines, that may be appropriate or necessary to enforce the provisions of this section in the name of the Village.
C. Any person who installs, operates or maintains an outdoor wood boiler in the Village without a permit or in violation of this section, shall be subject to such fines, penalties, actions and orders as are authorized by the Zoning Code, as the same may be amended from time to time. A fine or penalty may be imposed for each violation. Each day of violation shall constitute a separate offense with respect to each violation.
(2) Permit Suspension. The Zoning Inspector may immediately suspend any permit issued pursuant to this section if the Zoning Inspector determines that an outdoor wood boiler is operated in violation of this section and such operations poses an immediate threat to the health, safety or welfare of the residents of the Village. An outdoor wood boiler shall not be operated during the period in which the permit is suspended. A suspended permit shall be reinstated once the condition that gave rise to the suspension is remedied. Recurrence of a condition which previously resulted in suspension of a permit shall be considered a violation of this section and be subject to the penalties provided herein.
(3) Appeals. An outdoor wood boiler owner may appeal, in writing, the denial of an application, the notice fo violation from the Zoning Inspector or a suspension of a permit to the Planning Commission. The Planning Commission shall consider such appeals in open session and may include, at its discretion, testimony by the property owner, testimony by the Zoning Inspector, witnesses, and members of the general public. Any appeals upheld by the Planning Commission must find, at a minimum, that the Zoning Inspector deviated from the conditions detailed in this section and state specifically what those deviations were as part of its decision. If the decision of the Zoning Inspector is upheld, the suspension of the permit will continue until such time as the boiler is brought into compliance with this section or discontinued from use. During the appeal process, however, the outdoor wood boiler shall not be used in order to protect the health, safety, and welfare of the neighborhood.
(g) Variance. Notwithstanding anything contained in the Zoning Code or other Codified Ordinances of Edon, no variance shall be granted deviating the terms of this section.
(h) Nuisance. Nothing contained herein shall authorize any installation or operation of an outdoor wood boiler that constitutes a public or private nuisance. Compliance with this section shall not be a defense to any civil or criminal action for nuisance.
(Ord. 11-08. Passed 12-15-08.)