[Ord. 2010-1, 4/5/2010]
This Part shall be known and may be cited as the "Londonderry
Township Outdoor Wood-Fired Boiler Ordinance."
[Ord. 2010-1, 4/5/2010]
The Board of Supervisors of the Township of Londonderry, under
and by virtue of and pursuant to the authority granted by the Second
Class Township Code, hereby ordain and enact this Part.
[Ord. 2010-1, 4/5/2010]
This Part applies to the installation and use of all outdoor
wood-fired boilers within the Township of Londonderry.
1. This Part does not apply to grilling or cooking using charcoal, wood,
propane, or natural gas in cooking or grilling appliances.
2. This Part does not apply to burning in a stove, furnace, fireplace
or other heating device within a building used for human habitation.
3. This Part does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
4. This Part does not apply to patio fuel-burning units.
[Ord. 2010-1, 4/5/2010]
Whereas the Board of Supervisors of the Township of Londonderry
has determined that air pollution from outdoor wood-fired boilers
may be detrimental to health, comfort, living conditions, welfare,
and safety of the citizens of Londonderry Township, it is hereby declared
to be the policy of Londonderry Township to safeguard the citizens
of Londonderry Township from such air pollution.
[Ord. 2010-1, 4/5/2010]
The following words, terms, and phrases, when used in this Part,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
APCA
The Air Pollution Control Act.
BOARD
The Board of Supervisors of Londonderry Township.
CLEAN WOOD
Natural wood that has no paint, stains, or other types of
coatings, and natural wood that has not been treated with, including
but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
EPA
The United States Environmental Protection Agency.
OUTDOOR WOOD-FIRED BOILER
Also known as outdoor wood-fired furnaces, outdoor wood-burning
appliances, or outdoor hydronic heaters, water stoves, etc. A fuel-burning
device:
1.
Designed to burn clean wood or other approved solid fuels;
2.
That the manufacturer specifies for outdoor installation or
for installation in structures not normally intended for habitation
by humans, including structures such as garages and sheds; and
3.
Which heats building space and/or water through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and antifreeze.
PATIO FUEL-BURNING UNIT
A chimnea, patio warmer or other portable temporary fuel-burning
device used for outdoor recreation and/or heating.
PERSON
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the Commonwealth or the Federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
PHASE 2 OUTDOOR WOOD-FIRED BOILER
An outdoor wood-fired boiler that has been certified or qualified
by the EPA as meeting a particulate matter emission limit of 0.32
pounds per million British thermal units output and is labeled accordingly.
Phase 2 outdoor wood-fired boiler models will be identified with a
white hang tag.
RESPONSIBLE OFFICIAL
The person designated by the municipality to be responsible
for the administration and enforcement of this Part, specifically
the Township Code Enforcement Officer.
STACK
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a furnace, especially that part of a structure
extending above a roof.
TOWNSHIP
Londonderry Township, a Township, having jurisdiction over
the disposal of sewage, industrial wastes, or other wastes.
[Ord. 2010-1, 4/5/2010]
On or after the date of the adoption of this Part, no person
shall install, use, operate or maintain an outdoor wood-fired boiler
in Londonderry Township.
[Ord. 2010-1, 4/5/2010]
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this Part or to fail
to comply with any order or other requirement of the Township; or
to cause a public nuisance; or to hinder, obstruct, prevent, or interfere
with the Township or its personnel in their performance of any duty
hereunder, including denying the Township Code Enforcement Officer
access to the source or facility.
[Ord. 2010-1, 4/5/2010]
A violation of this Part or any order issued by the Township under this Part shall constitute a public nuisance. The Township shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Township may recover the expenses of abatement following the process for assessment and collection of a criminal penalty contained in §
5-908. Whenever the nuisance is maintained or continued contrary to this Part or any order issued pursuant to this Part, the nuisance may be abatable in the manner provided by this Part. Any person who causes the public nuisance shall be liable for the cost of abatement.
[Ord. 2010-1, 4/5/2010]
The provisions of this Part are severable, and if any section,
clause, sentence, part, or provision thereof shall be held illegal,
invalid, or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, clauses, sentences, parts, or provisions of this Part. It
is hereby declared to be the intent of the Board of Supervisors that
this Part would have been adopted if such illegal, invalid, or unconstitutional
section, clause, sentence, part, or provision had not been included
herein.
[Ord. 2010-1, 4/5/2010]
This Part shall become effective immediately and ordained and
enacted this 5th day of April 2010.