[HISTORY: Adopted by the Board of Supervisors of the Township
of Marlborough 5-9-2012 by Ord. No. 2012-01.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See
Ch. 95.
Property maintenance — See Ch.
182.
Zoning — See Ch. 275.
[1]
Editor's Note: Section 11 of this ordinance specifically repealed
prior Ord. No. 93-3.
This chapter shall be known and may be cited as the "Marlborough
Township Open Burning Ordinance."
It is hereby declared to be the policy of Marlborough Township
as a matter of public health and safety to regulate fires and open
burning in Marlborough Township for the purposes of controlling air
pollution and protecting buildings, housing, property, and the well-being
of its citizens.
The following words, terms and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings:
A mechanical device which forcefully projects a curtain of
air across a pit in which open burning is conducted so that combustion
efficiency is increased and smoke and other particulate matter are
contained.
Household products, combustible or otherwise, that contain
corrosive, toxic or reactive ingredients, such as glass, plastics,
metal, batteries and paint.
Solid waste composed of garbage and rubbish, which normally
originates in a private residence.
The outdoor burning of any materials where products of combustion
are emitted directly into the air.
Any individual, partnership, association, syndicate, company,
firm, trust, corporation, department, bureau, agency, or other entity
recognized by law as the subject of rights and duties.
The total width of any land reserved or dedicated to public
use for vehicular or pedestrian traffic, including streets, avenues,
boulevards, roads, highways, interstates, freeways, parkways, lanes,
alleys, viaducts, sidewalks, accessways and any other ways used for
vehicular and pedestrian traffic which are dedicated to public use
or the use of residents in a land development or subdivision.
Tree leaves, grass clippings, cuttings of plants, and limbs
of trees up to four inches in diameter except for wood and wood products.
Trunks of trees and limbs of trees exceeding four inches
in diameter, and all products of, or made from, wood.
It shall be unlawful for any person to ignite, feed, or to allow igniting or feeding on his/her property of any open fire in Marlborough Township except for fires permitted subject to regulations under § 102-5 of this chapter.
The following types of fires are permitted subject to the specific
and general regulations contained herein:
A.
Wood and wood products. All burning of wood and wood products is
permitted without a permit, subject to the following regulations:
(1)
All open fires shall be in a container such as a masonry fireplace
or metal container for fires;
(2)
No container shall be larger than a fifty-five-gallon drum;
(3)
All containers for fires shall be covered by a screen or wire mesh
with one-half-inch or smaller grid to prevent sparks from flying when
burning;
(4)
All open fires must be attended at all times by the person igniting
the fire or such persons who shall be responsible to prevent the spread
of the fire or hazardous conditions;
(5)
All permitted open fires shall be constructed only by the owner of
the property on which the fire is located; and
(6)
Open fires should not be located within the right-of-way of any street,
including the associated shoulder or ditch.
B.
Vegetative matter. Open burning of vegetative matter, other than as regulated by Subsection D(1) of this section, is permitted without a permit, subject to the following regulations:
C.
Household
waste, subject to the following regulations:
(1)
All
open fires shall be in a container such as a masonry fireplace or
metal container for fires.
(2)
No
container shall be larger than a fifty-five-gallon drum.
(3)
All
containers for fires shall be covered by a screen or wire mesh with
one-half-inch or smaller grid to prevent sparks from flying when burning.
(4)
All
open fires must be attended at all times by the person igniting the
fire or such persons who shall be responsible to prevent the spread
of the fire or hazardous conditions.
(5)
All
open fires shall be constructed only on property owned by the person
responsible for such fire. The term "property" shall not include the
area within the right-of-way of any street, including the associated
shoulder and ditch.
(6)
The
burning of household hazardous waste is prohibited.
(7)
Household
waste from other properties may not be burned.
D.
Burning of fields for weed or brush control or for farm purposes.
The burning of fields for weed or brush control or for agricultural
purposes is permitted without a permit, subject to the following regulations:
(1)
The person desiring to burn a field for weed or brush control shall
first obtain the consent of the Fire Marshal who serves the area in
which the fire shall occur at least five business days before the
burning for weed or brush control;
(2)
The fire shall be attended at all times by the owner or lessee of
the property; and
(3)
The person burning shall have sufficient fire-suppression equipment
and personnel present at all times to maintain control of the fire.
E.
Recreational
fires. Recreational fires shall be permitted, provided that such fires
are burning wood and wood products only, subject to the following
regulations:
(1)
Recreational
fires must be contained in a fire ring of rocks, an outdoor fireplace
or other similar barrier/container;
(2)
Recreational
fires must have 25 feet of vertical clearance above the fire from
trees, branches or other flammable material;
(3)
Recreational
fires must be attended at all times by the person igniting the fire
or such persons who shall be responsible to prevent the spread of
the fire or hazardous conditions;
(4)
A minimum
of one portable fire extinguisher with a minimum 4-A rating or other
approved on-site fire-extinguishing equipment, such as dirt, sand,
water container, garden hose or water truck shall be available within
25 feet of the fire; and
(5)
Recreational
fires are permitted at any time but may not be left unattended.
F.
Fires set for official purposes. Fires set in the performance of
public duty by any fireman or public official for official purposes
are exempt from the provisions of this chapter.
G.
Clearing land. The burning of natural, untreated wood or fuel to
clear land is permitted, subject to the regulations below. Any landowner
must obtain a permit for open burning of wood and wood products and
vegetative matter for the purpose of clearing land. The use of an
air curtain destructor is mandatory.
(1)
The
necessary application must be submitted and approved by the Department
of Environmental Protections, Air Quality Regulations, Commonwealth
of Pennsylvania.
(2)
The
approved application from the Department of Environmental Protection
must be submitted to Marlborough Township a minimum of 10 business
days before the burning commences.
(3)
The
applicant is required to conduct the open burn in accordance with
the specifications set forth in the application submitted to the Pennsylvania
Department of Environmental Protection and Marlborough Township.
(4)
Marlborough
Township may impose such conditions as it deems appropriate for the
control of air pollution and protection of buildings, housing, property
and the well-being of its citizens.
Any fire permitted pursuant to § 102-5, Subsection A, B, C or D shall comply with the following regulations:
A.
No open fire shall be permitted before the hour of 7:00 a.m. and
shall be extinguished completely by one-half hour before sunset;
B.
No open fire shall be conducted closer than 20 feet from a building
located on the property of the person conducting the fire, and no
closer than 50 feet from all property lines;
C.
No open fire shall be permitted in or within 50 feet of a right-of
way; and
D.
All open fires must have 25 feet of vertical clearance above the
fire from trees, branches or any other flammable material.
The Fire Marshal is authorized to order the permit holder, property
owner, responsible party of the fire department to extinguish any
open fire that creates or adds to a hazardous or objectionable situation.
Any person who ignites or feeds an open fire in violation of this chapter which causes damage to another's property shall be responsible for cleanup and full restitution of all damage caused by the open fire. Cleanup must return any property damaged, through repair or replacement, to its state prior to the open fire. Cleanup and restitution must commence within 10 days of the date of the fire's ignition and must be concluded within a reasonable period of time as determined by the Building Code Official. The initiation of cleanup and restitution efforts shall not be construed as an admission of said person's violation of this chapter. Should the person fail to initiate or complete cleanup and restitution as required, Marlborough Township, upon 10 days' written or oral notice, may complete the cleanup and restitution. The cost of the cleanup and restitution, including the costs incurred by Marlborough Township, may be charged upon conviction for violating the chapter pursuant to § 102-10 as a cost of that summary proceeding.
Any person who permits on the property controlled by such person, or who conducts any open fire of any materials other than wood or wood products or vegetative matter, in violation of § 102-4 of this chapter, shall, for each offense, be subject to the provisions of Section 12 of the Air Pollution Control Act, Act of January 8, 1960, P.L. (1959) 2119, as amended, 35 P.S. § 4012, as such now is or may be in the future amended, providing for prosecution, costs, civil penalties, civil contempt, collection, lien and assessment of civil penalties under other provisions of the Air Pollution Control Act. Each day upon which a violation continues or occurs shall constitute a separate offense.
Any person violating any of the provisions of § 102-5 of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
