§ 255-265. Biomass energy systems.

An outdoor wood-fired boiler shall be permitted as an accessory use in all zoning districts subject to the following provisions:

   A.   Lot , yard and bulk requirements.

      (1)   Minimum lot size. Outdoor wood-fired boilers are prohibited on lots , units or parcels of land with an area less than two acres.

      (2)   Setback restrictions.

         (a)   Outdoor wood-fired boilers and associated fuel storage are prohibited in front and side yards , along any street frontage, and within any required setback.

         (b)   Outdoor wood-fired boilers must be set back at least 150 feet from any lot lines and 500 feet from the nearest occupied building not on the lot where the boiler is located.

         (c)   Outdoor wood-fired boilers and associated fuel storage shall not encroach upon any right-of-way or easement including, but not limited to, water, stormwater, sanitary sewer , natural gas, telephone, and electrical easements.

         (d)   Outdoor wood-fired boilers and associated fuel storage shall not encroach upon any stormwater management facility.

   B.   Design and installation requirements.

      (1)   Only Phase 2 outdoor wood-fired boilers are permitted to be installed.

      (2)   Outdoor wood-fired boilers must be equipped with a properly functioning spark arrestor and must have a minimum stack height the taller of 10 feet above the ground or two feet above the highest point of any building located less than 150 feet from the outdoor wood-fired boiler .

      (3)   All piping and electrical connections between an outdoor wood-fired boiler and a serviced building shall be buried underground.

      (4)   Outdoor wood-fired boilers shall be installed in compliance with all applicable building and construction codes, including regulations with respect to stormwater management and impervious cover.

   C.   Operation and performance standards .

      (1)   Only clean wood or wood pellets made from clean wood may be used as a fuel or burned in new and existing outdoor wood-fired boilers .

      (2)   Outdoor wood-fired boilers installed after the effective date of this article may not be used or operated between the dates of May 1 and September 30.

      (3)   Outdoor wood-fired boilers shall be used and operated in compliance with all Federal, State, and local laws and regulations.

      (4)   Fuel shall be stored so as not to create a fire, pest, or safety hazard, or otherwise create a nuisance.

   D.   Decommissioning requirements.

      (1)   If an outdoor wood-fired boiler remains unserviceable for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the system within six months of abandonment after a demolition permit has been obtained in accordance with the following:

         (a)   Any aboveground mechanical equipment, wiring, and structural components shall be removed.

         (b)   Underground wiring and structural components shall be removed and the resulting void space filled.

      (2)   When an outdoor wood-fired boiler is removed, any disturbed earth as a result of the removal of the unit shall be restored, graded and reseeded.