A LOCAL LAW IMPOSING A NINE-MONTH MORATORIUM ON THE ACCEPTANCE, INSTALLATION, APPROVAL OR PERMITTING FOR OUTDOOR WOOD BOILERS ("OWBs") IN THE HAMLET RESIDENTIAL ("HR"), HAMLET MIXED-USE ("HM"), HIGHWAY COMMERCIAL ("HC") AND COMMERCIAL LIGHT INDUSTRY ("CLI") ZONING DISTRICTS.  

  Be it enacted by the Town Board of Gardiner as follows:

  SECTION I  –  FINDINGS AND PURPOSE             The Town Board of the Town of Gardiner declares the following findings and purpose with respect to this Local Law:             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 Gardiner moratorium will impose a reasonable period of time during which no OWBs may be accepted, installed, approved or permitted while the Town Board considers appropriate 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 Gardiner.

    SECTION II  - DEFINITIONS             Outdoor Woodburning Boiler ("OWBs") means 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

SECTION III            - STATEMENT OF AUTHORITY               This Local Law is authorized by the New York State Constitution, Article 9, Section 2, the provisions of the New York Municipal Home Rule Law, the provisions of the Statute of Local Governments, the relevant provisions of the Town Law of the State of New York and the general police power vested with the Town of Gardiner to promote the health, safety and welfare of all residents and property owners in the Town.

SECTION IV            - SCOPE OF MORATORIUM             Subject to the exception set forth below and pending adoption of related amendments to the Town of Gardiner Municipal Code, there shall be, for the Hamlet Residential ("HR"), Hamlet Mixed-Use ("HM"), Highway Commercial ("HC") and Commercial Light Industry ("CLI") Zoning Districts, a moratorium on the acceptance, installation, approval or permitting of OWBs, including the issuance of building permits or certificates of occupancy/compliance for OWBs.

  SECTION IV            - EXCEPTION               The provisions of this Local Law shall not apply to any of the following:               (A)  Any OWB for which a building permit has been issued prior to the effective date of this local law may be issued a certificate of occupancy/compliance and may operate, but may be subject to regulation according to the terms of any eventual local law regulating OWBs adopted by the Town Board or other entity with appropriate authority.

  SECTION V – DURATION             The provisions of this Local Law shall be in effective for a period of nine (9) months from the effective date hereof unless earlier repealed, modified, extended or supplemented by passage of a further Local Law by the Town of Gardiner.

SECTION VI – SEVERABILITY               If any section or subsection, paragraph, clause, phrase or provision of this Local Law shall be adjudged invalid for any reason or shall be deleted or subsequently repealed, the same shall not affect the validity of this Local Law as a whole or any part or provision hereof other than the part to be adjudged to be invalid and/or deleted and/or subsequently repealed.

SECTION VII – APPEALS               The Town Board shall have the power to vary or waive the application of any provision of this Local Law upon its determination that this Local Law will impose an extraordinary hardship unique to the circumstances of that property.             The application must be presented in writing with information and materials supporting the request, including (1) an explanation as to the extraordinary hardship unique to the circumstances of the application; (2) an explanation as to whether a variance or waiver from this Local Law will undermine the revision process presently being undertaken.  Any application for relief from any provision of this Local Law shall be filed with the Town Clerk of the Town of Gardiner and shall include a fee of one hundred dollars ($100.00).             To grant such a request, the Town Board must find that the variance or waiver will not adversely affect the purpose of the local law, the health, safety or welfare of the Town of Gardiner or any Code revision being undertaken by the Town.  The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the natural resources, community and neighborhood.  The application must comply with all other applicable provisions of the Gardiner Town Code.             Upon application, all such matters shall, within five (5) business days, be referred to the Code Enforcement Officer ("CEO") for a report.  The CEO shall have fifteen days to make a recommendation to approve or disapprove the variance or waiver of this Local Law.  The report shall be transmitted to the Town Board which shall conduct a public hearing after receipt of the report and make a final decision on the application, with or without conditions, within 45 days after the close of the public hearing.  Final approval is reserved to the absolute discretion of the Town Board. 

SECTION XI            - EFFECTIVE DATE             This Local Law shall take effect immediately upon publication and filing with the Secretary of State in accordance with the Municipal Home Rule Law of the State of New York.                BE IT ENACTED THIS ___ DAY OF _____________ 2008 BY THE TOWN BOARD OF THE TOWN OF GARDINER, COUNTY OF ULSTER, STATE OF NEW YORK.

                                                                          JOE KATZ, SUPERVISOR                                                                         GREG FINGER, COUNCILMAN                                                                         JANET KERN, COUNCILMAN                                                                         NADINE LEMMON, COUNCILWOMAN                                                                         WARREN WIEGAND, COUNCILMAN       ________________________________ MICHELLE MOSHER, TOWN CLERK TOWN OF GARDINER