[HISTORY: Adopted by the Board of Supervisors of the Township
of Mahoning 11-8-2010. Amendments noted where applicable.]
As used in this chapter, the following terms have the meanings
indicated:
Any vertical structure enclosing a flue or flue(s) that carry
off smoke or exhaust from an outdoor furnace.
Any solid material used as fuel to produce energy and provide
heating, usually released through combustion. Commercial fuels include
wood, charcoal, peat, coal, and pellets made from woods, corn, wheat,
rye and other grains.
Any equipment, device, appliance or apparatus which is installed,
affixed or situated outdoors which is used for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space or water
source. For purposes of this chapter, outdoor furnaces shall be considered
to be accessory uses.
The Township Zoning Officer shall, or any other duly appointed
agent of Mahoning Township shall, have the power and duty to enforce
the provisions of this chapter.
Outdoor furnaces may be permitted as an accessory use in all
areas of the Township, but shall be subject to the requirements outlined
below:
A.
Applicability. The regulations of this section shall apply to all
outdoor furnaces situated within Mahoning Township, but shall exclude
the following:
B.
Existing furnaces. Outdoor furnaces that were installed prior to
the effective date of this chapter may continue to be operated, provided
that they meet the following standards:
(1)
All existing outdoor furnaces that do not meet the yard or setback
requirements of this chapter shall be considered existing nonconforming
structures.
(2)
If an existing outdoor furnace becomes a verifiable nuisance, as
defined by local or state law, the following steps shall be taken
to correct or abate such nuisance:
(3)
Replacement furnaces shall comply with all requirements of this chapter,
including setback and chimney requirements.
C.
Setback requirements. All new outdoor furnaces shall be set back
in accordance with the following requirements regardless of where
they are to be located:
(1)
All outdoor furnaces shall be located on the property in compliance
with the manufacturer's recommendations with respect to clearance
for combustible materials. Due consideration shall also be given to
prevailing wind directions when locating any furnace.
(2)
No outdoor furnace shall be located in front of the building to which
it is accessory.
(3)
Outdoor furnaces shall be set back at least 25 feet from all side
and rear property lines.
(4)
Furnaces shall be located at least 100 feet from any residence other
than the dwelling served by the furnace.
D.
Furnace use and installation standards.
(1)
General regulations.
(a)
All furnaces shall comply with emission standards established
for outdoor furnaces by the Environmental Protection Agency (EPA).
All such emission standards currently required by the EPA, or as may
hereafter be amended or modified, are included by reference in this
chapter.
(b)
Ashes or waste generated by the furnace may be disbursed on
the property where the unit is located, however, all such applications
shall meet the requirements established by the PA Department of Environmental
Protection.
(c)
Any person utilizing or maintaining an outdoor furnace shall
be responsible for any and all fire suppression costs and any other
liability resulting from damage caused by a fire.
(2)
Materials that may be burned. Only natural untreated wood, wood pellets, charcoal, peat, coal and similar materials, including pellets made from corn, wheat, rye and other grains, may be burned in a new or existing outdoor furnace. Burning of any other materials shall be prohibited. In particular, the following materials may not be burned: (See also Subsection E below.)
(a)
Wood that has been painted, varnished or coated with similar
material or has been pressure treated with preservatives and contains
resins or glues as in plywood or other composite wood products;
(b)
Rubbish or garbage, including but not limited to food wastes,
food packaging, or food wraps, animal carcasses, shingles, demolition
debris, or other household or business wastes;
(c)
Any plastic material, including but not limited to nylon, PVC,
ABS, polystyrene or urethane foam, and synthetic fabrics, plastic
films and plastic containers;
(d)
Rubber, including tires or other synthetic rubber-like products;
(e)
Newspaper, cardboard, or other paper with ink or dye products;
(f)
Waste oil or other oily wastes;
(g)
Asphalt and products containing asphalt; and
(h)
Any other items not specifically recommended by the unit manufacturer.
E.
Chimney requirements.
(1)
All outdoor furnaces installed subsequent to enactment of these regulations
shall have a minimum chimney height of 20 feet above the average finished
grade of the site upon which the furnace is located.
(2)
All chimneys shall be firmly secured to prevent toppling and shall
be fitted with a spark arrestor.
(3)
A draft-induced blower shall be installed on the chimney to create
a positive draft.
After the effective date of this chapter, no person shall construct,
install, establish or maintain any outdoor furnace without first obtaining
a permit from the Township.
Any person who violates or permits a violation of any of the
provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township before
a District Justice, pay a fine of not less than $500 plus all court
costs, including reasonable attorney's fees, incurred by the
Township in the enforcement of this chapter. No judgment shall be
imposed until the date of the determination of the violation by the
District Justice. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable Rules of Civil Procedure. Each day that a violation exists
shall constitute a separate offense. Further, the appropriate officers
or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
