[Ord. 04-24-08B; as amended by Ord. 04-09-09]
This Part is enacted pursuant to the specific powers granted
to the municipality in the Township Code at 53 P.S. § 66527
with respect to health and safety of Township residents. Additionally,
this Part is enacted pursuant to the specific powers granted to the
municipality with respect to public nuisances found at 53 P.S. § 66529.
[Ord. 04-24-08B; as amended by Ord. 04-09-09]
It is the purpose of this Part to establish and impose restrictions
upon the construction and operation of outdoor furnaces within the
limits of the Township of Logan for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare and prosperity
of the Township and its inhabitants. It is generally recognized that
the types of fuel used and the scale and duration of the burning by
such furnaces create noxious and hazardous smoke, soot, fumes, odor,
air pollution, particles and other products of combustion that can
be detrimental to citizens' health and can deprive neighboring residents
of the enjoyment of their property or premises.
[Ord. 04-24-08B; as amended by Ord. 04-09-09]
Smoke emitted from outdoor furnaces, chimneys, smokestacks and/or
other sources of smoke as part of building heating systems not meeting
the regulations of this Part shall constitute a nuisance and shall
be a danger to the health and general welfare of the citizens of the
Township due to the noxious fumes, reduction in breathable air, and
risk to asthmatics and those with allergies.
[Ord. 04-24-08B; as amended by Ord. 04-09-09]
All natural wood products, (dried and without additives),
coal, # 2 heating oil, agricultural seeds in their natural state and
without additives.
Includes, but not be limited to, an "outdoor furnace".
Any equipment, device, apparatus or structure or any part
thereof which is installed, (excluding pre-existing flues for in-home
heating systems) affixed or situated outdoors for the purpose of combustion
of any type of fuel to produce heat or energy used as a component
of a heating system providing heat for an interior space and/or water
source.
The following types of materials:
Wood that is wet and/or has been painted, varnished or coated
with similar material, pressure treated lumber, wood containing preservatives,
resins, glue as in plywood, particle board or other composite wood,
railroad ties.
Garbage, municipal waste (both as defined in Chapter 20 of the Township of Logan Code of Ordinances) or rubbish, including but not limited to food waste, food packaging, food wraps.
Any recycling materials (as defined in Chapter 20 of the Township of Logan Code of Ordinances) such as plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
Rubber including tires or other synthetic rubber-like products,
linoleum, asphalt or tarry products (roofing paper or shingles).
Newspaper, cardboard, leaves or any paper with ink or dye and
any other items not specifically allowed by the manufacturer or this
provision.
[Ord. 04-24-08B; as amended by Ord. 04-09-09]
1.
Outdoor furnaces shall not be placed less than 100 feet from the
nearest point of intersection of any other adjacent property owner's
structure and shall have a chimney stack, smokestack and/or other
source of smoke utilized for the purposes of emitting smoke from a
building heating system of a size required pursuant to the manufacturer's
specifications. Said chimney stack shall also have a spark arrestor
installed on top.
2.
Outdoor furnaces shall not be placed less than 20 feet from the nearest
point of intersection of the property line of another property owner.
3.
An area of 20 feet around the outdoor furnace structure shall be
free of combustible material, including vegetation, except grass not
exceeding four inches in height.
4.
The minimum required lot size for an outdoor furnace is 40,000 square
feet.
5.
Outdoor furnaces shall burn only acceptable fuel and shall not burn
unacceptable fuel.
6.
Outdoor furnaces and associated installation shall be subject to
inspection by the Township Code Enforcement Officer at any reasonable
time to assure compliance with the terms hereof.
7.
Outdoor furnace installation is subject to the permit provisions
of the other Township ordinances including, but not limited to, building
code ordinances including furnishing the following information:
A.
A drawing providing and identifying all of the information necessary
to assure compliance herewith, including property lines, location
of neighboring properties and structures, height of nearby buildings,
etc.
B.
Manufacturer's specifications for the outdoor furnace.
C.
Compliance with all applicable State and Federal statutes including
the Pennsylvania Department of Environmental Protection and the United
States Environmental Protection Agency (EPA) and the Underwriter's
Laboratory (UL) listing.
8.
Nothing contained herein shall authorize any installation that is
a public or private nuisance, regardless of compliance herewith.
9.
This Part shall not be a defense to any civil claims.
10.
Unless otherwise prohibited, burning in Outdoor furnaces shall be
permitted only from September 1 through and including May 31 of any
year.
[Ord. 04-24-08B; as amended by Ord. 04-09-09]
If noncompliance with the provisions of this Part constitutes
a nuisance, or if any condition poses a threat to the health, safety,
or welfare of the public, the Police Department or Code Enforcement
Officer shall issue a written notice to be served by registered or
certified mail upon the owner of said premises, or, if the owner's
whereabouts or identity be unknown, by posting the notice conspicuously
upon the offending premises.
Said notice shall specify the condition complained of and shall
require the owner to commence to remove or otherwise rectify the condition
as set forth therein within 30 days of mailing or posting of said
notice, and thereafter, to fully comply with the requirements of the
notice within a reasonable time.
[Ord. 04-24-08B; as amended by Ord. 04-09-09]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000, and in default of payment, to undergo imprisonment for a term
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
[Ord. 04-24-08B; as amended by Ord. 04-09-09]
This Part shall not be construed to be retroactive and shall
not require the removal of any outdoor furnace or component thereof
in existence within the Township at the effective date of this Part
and not compliant with the setback provisions of this Part. All outdoor
furnaces in existence at the effective date of this Part shall comply
with all other regulations set forth herein within 90 days of the
date of enactment of this Part, including but not limited to, the
erection of a flue or chimney stack of a size required pursuant to
the manufacturer's specifications. If an outdoor furnace is more than
50% dismantled, damaged, deteriorated or otherwise reduced to 50%
of its original design, any rebuilding or restoration of said outdoor
furnace shall comply with the provisions of this Part.
[Ord. 04-24-08B; as amended by Ord. 04-09-09]
The Township Supervisors may grant variances based upon a presentation
of unique factors rendering restrictions set forth herein to be both
unnecessary for the protection of the public health safety and welfare
and impractical or not feasible with which to comply. Such variances,
if granted, shall have a term of one year and be automatically renewed
in the absence of complaints or other problems. Any such variance
granted may contain such provisions as the Township Supervisors may
deem necessary to protect the health, safety and welfare of Township
residents and to prevent a nuisance. Any person granted a variance
shall indemnify, defend and hold harmless the Township from any liability
that may arise wholly or partially out of the granting of the variance.
