[HISTORY: Adopted by the Board of Supervisors
of Lower Frederick Township as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-4-1993 by Ord. No. 93-1]
This article shall be known and may be cited
as the "Lower Frederick Township Air Pollution Control Ordinance of
1993."
Whereas pollution of the air is detrimental
to the health, comfort, living conditions, welfare, and safety of
the citizens of Lower Frederick Township, Montgomery County, it is
declared to be the policy of the Township to safeguard the citizens
form air pollution.
The following words, terms and phrases, when
used in this article, unless the context clearly indicates otherwise,
shall have the meanings set forth below:
Board of Supervisors of Lower Frederick Township, Montgomery
County, Pennsylvania.
Any duct, passage, stack, chimney or conduit, attached to
a building, permitting air contaminants to be emitted into the open
air which would otherwise be emitted indoors.
[Amended 4-1-2008 by Ord. No. 08-01]
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
[Amended 4-1-2008 by Ord. No. 08-01]
That property of a substance which affects the sense of smell.
Any fire wherein air contaminants, including smoke and/or
odor, are emitted to the open air and are not directed thereto through
a flue.
[Amended 4-1-2008 by Ord. No. 08-01]
Any individual, partnership, association, syndicate, company,
firm, trust, corporation, or other entity recognized by law as the
subject of rights and duties, including any governmental agency.
Salvaging or reclaiming of any product or material, including
but not limited to metals, chemicals, shipping containers or drums.
Extremely small solid particles produced by incomplete combustion
of organic substances and includes, but is not limited to, fly ash,
cinders, tarry matter, unburned gases, soot or carbon and gaseous
combustion products.
All solid or liquid material or rubbish resulting from construction,
building operations, or the operation of any business, trade or industry
including, but not limited to, plastic products, cartons, paint, grease,
oil and other petroleum products, chemicals, cinders and other forms
of solid or liquid waste materials; provided, however, that trade
waste shall not include any coal refuse associated with the mining
or preparation of coal.
A.
The Air Pollution Control Officer shall be the Lower
Frederick Township Chief of Police.
B.
Duties. The Air Pollution Control Officer shall have
the powers and duties to:
(1)
Enforce the provisions of this article and the rules
and regulations contained therein.
(2)
Receive and initiate complaints or violations of the
regulations of this article.
(3)
Enter and inspect any building, property, premises
or place for the purpose of investigating an actual or suspected source
of open burning or for the purpose of ascertaining the compliance
or noncompliance with any regulation of this article.
(4)
Have access to and require information pertinent to
any matter under investigation.
(5)
Send written notice of any violation of this article
to the person responsible for the violation.
(6)
Attend meetings of the Board when requested and file
a written report of violation of any regulation of this article.
(7)
Institute prosecution for violation of the regulations
of this article.
A.
Open burning is prohibited in Lower Frederick Township
except as hereinafter provided.
(1)
Exceptions:
(a)
Burning to prevent or abate a fire hazard, when
approved by the Air Pollution Control Officer.
(b)
Burning for the purpose of instructing personnel
in fire fighting, when approved by the Air Pollution Control Officer.
(c)
Burning for the prevention and control of disease
or pests, when approved by the Air Pollution Control Officer.
(d)
Burning in conjunction with the production of
agricultural commodities in their unmanufactured state on the premises
of the farm operation.
(e)
Burning of trees, shrubs, and other native vegetation
which are cleared from land during or prior to the process of construction
when done in accordance with Rules and Regulations of the Department
of Environmental Protection as set forth in Section 129.14, Chapter
129, of Title 25 of the Pennsylvania Code. The term does not include
demolition wastes and dirt-laden roots.
(f)
Burning for the purpose of destroying domestic
refuse, when the fire is on the premises of any structure occupied
solely as a dwelling by two families or less and when such refuse
results from the normal occupancy of said structure.
(g)
Open burning of dry twigs, dry branches and
other native vegetation; provided, however, that open burning of dry
twigs and dry branches and native vegetation on piles larger than
five feet by five feet by five feet shall be permitted only when approved
by the Air Pollution Control Officer.
(h)
Open burning for recreational or ceremonial
purposes.
(i)
Open burning, under the continuous supervision
of an adult, for cooking food upon a grill with a properly fitting
lid which is kept closed and covered at all times when the user is
not tending food.
[Amended 4-1-2008 by Ord. No. 08-01]
B.
No person shall cause, suffer or permit any open burning
operation whatsoever if said open burning operation is contrary to
Section 129.14, Chapter 129, of Title 25, Rules and Regulations of
the Department of Environmental Protection.
C.
No person shall in any manner hinder, delay, obstruct,
resist, prevent, or in any way interfere with the Air Pollution Control
Officer or his assistants in the performance of their duty hereunder,
or refuse such personnel, after proper identification, entrance at
reasonable hours to any premises.
D.
No person shall fail, neglect, or refuse to comply
with any written abatement notice served on such person, either personally
or by registered or certified mail, issued by the Air Pollution Control
Officer of the Township. Such notice shall set forth the violation
of this article and a time within which the violation is to be abated.
Any person receiving such abatement notice may obtain an extension
of time to comply therewith by making application to, and obtaining
the approval of, the Board.
E.
No person shall cause, suffer or permit any open burning operation whatsoever, except as described in § 50-5A(1)(a),(b),(c) or (i), within 50 feet of any structure and within 25 feet of any fence, line, trees, bushes, et cetera.
[Added 4-1-2008 by Ord. No. 08-01]
The following regulations shall apply to burning
domestic refuse:
A.
Outdoor burning of domestic refuse shall be in an
approved burning barrel or other approved incinerator. An approved
burning barrel is a solid, sturdy, steel cylindrical container with
a sealed steel bottom with ventilation holes and an open top which,
during outdoor burning, is covered firmly and completely by a steel,
spark-arresting screen. Other approved incinerators are containers
approved in writing by the Township Police Chief after review and
inspection, with a volume no greater than a fifty-five-gallon drum
with containment, ventilation and spark-arresting features similar
to those of an approved burning barrel.
B.
Outdoor burning of domestic waste shall be attended
at all times by a competent adult. Outdoor burning of domestic waste
shall not be conducted within 50 feet of any building or other structure,
or on any road, alley, or public walkway, or in any area specifically
disapproved by the Air Pollution Control Officer.
[Amended 4-1-2008 by Ord. No. 08-01]
C.
The area within five feet of any burning barrel or
other incinerator shall be completely clear of any combustible material
during outdoor burning.
D.
Fire extinguishing equipment shall be readily available
for use during any outdoor burning.
E.
Every outdoor fire shall be started and completely
extinguished after sunrise and before sunset. No outdoor fire shall
be started within an hour of sunset. The Air Pollution Control Officer
shall have the right to inspect outdoor burning.
F.
No outdoor burning shall be conducted during periods
of high winds, declared draught, or weather inversion or other situations
deemed hazardous by the Air Pollution Control Officer.
G.
All ventilation holes in the burning barrel or other
incinerator shall be kept open and free of clogging material. A spark-arresting
screen mesh shall be kept in place during outdoor burning.
H.
No burning of plastic, rubber, garbage, diapers or
animal waste shall be permitted.
A.
Prosecutions under this article shall be instituted
by the Air Pollution Control Officer and shall be prosecuted in the
name of Lower Frederick Township, Montgomery County, Pennsylvania.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a District
Justice 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
30 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 article that is violated shall also constitute
a separate offense.
[Amended 10-4-2005 by Ord. No. 05-09]
B.
The Air Pollution Control Officer may institute an
action in equity for an injunction to restrain continuous violations
of this article in the event the Air Pollution Control Officer has
issued an abatement notice which is being violated and which is not
then the subject of judicial review.
[Adopted 8-2-2011 by Ord. No. 11-05]
This article shall be known as the Lower Frederick Township
"Outdoor Wood-Fired Boiler Ordinance."
Although outdoor wood-fired boilers may provide an economical
alternative to conventional heating systems, concerns have been raised
regarding the safety and environmental impacts of these heating devices,
particularly the production of offensive odors and potential health
effects of uncontrolled emissions. This article is intended to ensure
that outdoor wood-fired boilers are utilized in a manner that does
not create a nuisance and is not detrimental to the health, safety
and general welfare of the residents of Lower Frederick Township.
This article applies to the installation and use of all outdoor
wood-fired boilers within Lower Frederick Township. This article does
not apply to burning which does not create a nuisance or a fire hazard
and which is attended by a responsible person at all times until completely
extinguished and is done for the following purposes:
A.
Outdoor grilling or cooking using charcoal, wood, propane or natural
gas in cooking or grilling appliances;
B.
Burning in a stove, fireplace and those furnaces not regulated herein,
unless the material being burned includes refuse as defined herein;
C.
The use of propane, acetylene, natural gas, heating oil, gasoline
or kerosene in a device intended for heating, construction, manufacturing
or maintenance activities.
The following words, terms, and phrases, when used in this article,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
The amount of thermal energy necessary to raise the temperature
of one pound of pure liquid water by 1°F at the temperature at
which water has its greatest density (39°F).
The term includes the following:
The Zoning Officer or other person appointed by Lower Frederick
Township to administer and enforce this article whose duties shall
include responding to resident questions and complaints and performing
other tasks as Township Supervisors may assign.
An outdoor wood-fired boiler that was purchased and installed
prior to the effective date of this article.
An outdoor wood-fired boiler that is first installed, established
or constructed after the effective date of this article.
A Phase 2 outdoor wood-fired boiler that is installed on
or after October 2, 2010.
An outdoor wood-fired boiler that has not been certified
or qualified by the EPA as meeting a particulate matter emission limit
of 0.32 pounds per million Btu output or lower and is labeled accordingly.
Nuisance shall be defined as conduct tending to cause danger,
discomfort or undue annoyance or undue unpleasantness to persons.
A fuel-burning device that:
Is designed to burn, or is capable of burning, clean wood or other fuels (relating to outdoor wood-fired boilers) listed under § 50-15G of this article.
Has a rated thermal output of less than 350,000 Btu per hour.
The manufacturer designs or specifies for outdoor installation
or installation in structures not normally intended for habitation
by humans or domestic animals, including structures like garages and
sheds.
Heats building space or fluid, or both, through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and antifreeze.
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 BTU output or lower and is labeled accordingly.
The date a notice is delivered; also "served." This date
is the date the property is posted or the date notice is handed to
an owner, or three days after the notice is mailed to the owner(s)
of record.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired heating device or structure,
including that part of the structure extending above a roof.
Any person desiring to install an outdoor wood-fired boiler
within Lower Frederick Township shall obtain a permit from the Code
Enforcement Officer and shall pay a permit fee set by Lower Frederick
Township by resolution.
An outdoor wood-fired boiler that was purchased and installed prior to the effective date of this article shall only burn allowed fuels listed in § 50-15G of this article. If an existing outdoor wood-fired boiler is determined to be a public safety hazard by a Township official, the Township may take reasonable steps to make sure the boiler will not be a nuisance.
A.
No person shall, from the effective date of this article, construct,
install, establish, operate or maintain an outdoor wood-fired boiler
other than in compliance with the applicable sections of this article.
B.
No person shall, from the effective date of this article, operate an outdoor wood-fired boiler unless such operation and the requirements of this article regarding fuels that may be burned in an outdoor wood-fired boiler as set forth in § 50-15G of this article and chimney height as set forth in § 50-15H of this article.
C.
All outdoor wood-fired boilers shall be constructed, established,
installed, operated and maintained in conformance with the manufacturer's
instructions and the requirements of this article. In the event of
a conflict, the requirements of this article shall apply unless the
manufacturer's instructions are stricter, in which case the manufacturer's
instructions shall apply.
D.
All outdoor wood-fired boilers shall be laboratory tested and listed
to appropriate safety standards, such as UL, CAN/CSA, ANSI or other
applicable safety standards.
E.
If a new outdoor wood-fired boiler is determined to be a public safety
hazard by a Township official, the Township may take reasonable steps
to make sure the boiler will not be a nuisance.
Any person desiring to install an outdoor wood-fired boiler
within the municipality shall obtain a permit from the Code Enforcement
Officer. The applicant for such a permit shall meet the following
conditions:
A.
Present a plan showing all property lines, the locations and distances
of all dwellings or occupied building on adjoining properties, and
the proposed location of the outdoor wood-fired boiler.
B.
Applicant must obtain all permits associated with the installation
of the boiler in accordance with the International Plumbing, Electrical,
and Mechanical Code in affect at the time of installation.
C.
Provide a copy of the manufacturer's specification and instructions,
which the applicant agrees to comply with and not alter at any time.
D.
Demonstrate that the outdoor wood-fired boiler has been laboratory
tested and listed to comply with appropriate safety standards, such
as UL (Underwriters Laboratories) or ANSI (American National Standards
Institute) standards.
E.
All outdoor wood-fired boilers shall be equipped with properly functioning
spark arrestors.
F.
The application shall be signed by all owners of the lot on which
the outdoor wood-fired boiler will be located and the contractor installing
the outdoor wood-fired boiler.
G.
Allowed fuels. A person that owns, leases, uses or operates an outdoor
wood-fired boiler shall use only one or more of the following fuels:
H.
Height and setback requirements for all new outdoor wood-fired boilers:
(1)
All outdoor wood-fired boilers shall have a chimney that extends
at least 10 feet above the ground level of the boiler. The chimney
heights of new outdoor wood-fired boilers shall be determined by the
distance from the nearest residence. It is further recommended that
the outdoor wood-fired boiler be located with due consideration to
the prevailing wind direction.
(2)
A person may not install a new Phase 2 outdoor wood-fired boiler
unless the boiler is installed a minimum of 50 feet from the nearest
property line.
(3)
For all outdoor wood-fired boilers located at or beyond 50 feet but
no more than 100 feet from any residence, the stack of the boiler
shall be at least 75% of the building height of that residence, plus
an additional two feet, but no less than 10 feet.
(4)
For all outdoor wood-fired boilers located more than 100 feet but
no more than 150 feet from any residence, the stack of the boiler
shall be at least 50% of the building height of that residence, plus
an additional two feet, but no less than 10 feet.
(5)
For all outdoor wood-fired boilers located more than 150 feet but
no more than 200 feet from any residence, the stack of the boiler
shall be at least 25% of the building of height of that residence,
plus an additional two feet, but no less than 10 feet.
If an outdoor wood-fired boiler is replaced or upgraded, a permit shall be required pursuant to § 50-14 of this article and shall comply with all sections of this article.
A.
Outdoor wood-fired boilers shall at all times be operated and maintained
in accordance with the manufacturer's specifications.
B.
Outdoor wood-fired boilers shall be maintained and operated in compliance
with all emissions and air quality standards promulgated by the United
States Environmental Protection Agency, the Pennsylvania Department
of Environmental Protection or other relevant state or federal agency.
C.
Any ash or other by-products from the operation of the outdoor wood-fired
boilers shall be disposed of in accordance with all applicable laws.
Outdoor wood-fired boilers shall be operated only between October
1 and June 1, except that any outdoor wood-fired boilers located on
lots of 20 acres or more may be operated throughout the calendar year.
A.
Enforcement Officer. The Township Code Enforcement Officer shall
be responsible for enforcing the terms of this article.
B.
Duties of Enforcement Officer.
(1)
Inspection. The Enforcement Officer, and any other individual representing the Township whose presence is necessary to complete the inspection, may inspect any premises, building or structure in accordance with § 50-19C of this article to determine whether or not a violation of this article exists.
(2)
Action. Whenever an inspection discloses a violation of this article, the Enforcement Officer shall prepare a report detailing the violation and a recommendation regarding how the violation can be corrected. The Enforcement Officer shall issue a written notice to the owner and/or the occupant of the premises as set forth in § 50-19D along with a copy of the report.
C.
Inspections; permission. The Enforcement Officer, and any other agent
so authorized by the Board of Supervisors, may inspect any premises
to determine whether any violations of this article exist. Prior to
entering upon any property to conduct an inspection, the Enforcement
Officer shall obtain the permission of the owner or occupant of the
property to conduct the inspection. If after due diligence, the Enforcement
Officer is unable to obtain such permission, the Enforcement Officer
shall have the authority to conduct the necessary inspection in accordance
with this article and the applicable laws of the commonwealth, and,
if necessary, petition a competent court with jurisdiction for a court
order authorizing the inspection. If a court orders the inspection,
the defendant named in the order shall reimburse the Township for
the costs of filing the petition and reasonable attorney's fees.
D.
Notice of violation. Whenever an inspection discloses that a violation
of this article exists, the Enforcement Officer shall issue a notice
of violation to the owner and/or occupant of the premises. The notice
shall:
(1)
Be in writing.
(2)
Include a statement of the reasons why the notice is being issued.
(3)
Contain an outline of the remedial action required to come into compliance
with this article and state a reasonable time to rectify the violation.
E.
Emergency cases. Whenever the Enforcement Officer finds that an emergency
exists which requires immediate action to protect the public health,
safety and welfare, he/she may, without notice or hearing, issue an
order reciting the existence of such an emergency and requiring that
such action be taken as is necessary to correct the violation and
eliminate the emergency. Notwithstanding the other provisions of this
article, such order shall be effective immediately and the Township
may proceed immediately to preserve life and/or property and/or in
equity and/or with summary citation and the procedures and process
that follow therefrom shall govern.
F.
Hearings.
(1)
Right to hearing. Any person affected by any notice which has been
issued in accordance with the enforcement of any provision of this
article, may request and shall be granted a hearing on the matter
before the Board of Supervisors provided that such person file a written
request for the hearing at the Township offices within 10 days after
service of the notice. The request shall contain a brief statement
regarding the reasons for the request and shall be signed by the owner(s)
of the property.
(2)
Scheduling and conduct of the hearing. Upon receipt of a request
for a hearing, a time and place for the hearing shall be scheduled
and advertised in accordance with applicable municipal requirements.
All hearings shall be conducted in accordance with the Local Agency
Act. The hearing shall be scheduled no later than 60 days after the
day on which the request was received. At the hearing, the person
requesting the hearing shall be given the opportunity to be heard
and show cause why the violation described in the notice should not
be abated. Failure to hold the hearing or issue a decision within
45 days of the last hearing is a deemed denial of the appeal thereby
sustaining the notice.
(3)
Board of Supervisors action. After such hearing, the Board of Supervisors
shall issue a written decision sustaining the notice, modifying the
notice and/or attaching conditions or withdrawing the notice. If the
Board of Supervisors sustains the notice, it shall be deemed to be
a final order effective immediately.
(4)
Right to appeal. Any aggrieved party may appeal the final order to
the Court of Common Pleas of Montgomery County in accordance with
the provisions of the Local Agency Law. Such appeal shall not constitute
a stay from the requirements of the final order unless an order to
that effect is obtained from the court.
(5)
Fees. The person requesting the hearing shall pay the fee for such
hearing as may be established by resolution of the Board of Supervisors.
G.
Remedies and penalties.
(1)
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a District
Justice 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
30 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 constitute a separate
offense.
(2)
This article may be enforced by the Township through an action in
equity brought in the Montgomery County Court of Common Pleas.
Lower Frederick Township, and its agents, officials and representatives,
shall not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the issuance of any
permit under the provisions of this article, or by reason of the conduct
of any burning activity in compliance with the terms and provisions
of this article. The person or party responsible for any such burning
activity shall bear sole liability of any damages caused as a result
thereof.
