[HISTORY: Adopted by the Board of Supervisors
of the Township of Tobyhanna as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 119.
[Adopted 12-21-1998 by Ord. No. 405]
This article shall be known as the "Tobyhanna
Township Burn Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
A permit to kindle or maintain such open fires or other fires.
The permit shall be issued, for the Board of Supervisors, by the Tobyhanna
Township Secretary upon application thereof made to the Secretary
or a designated person. A burning permit is valid for one day only.
A fee for each burning permit, as established by the Board of Supervisors,
shall be charged.
Any fire contained in an incinerator, fireplace or other
contained enclosure designed for outdoor cooking, or a fireproof container.
Any fire not included in the definition of "contained fire."
Any enclosed device specifically designed for burning any
material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge or any combustible material.
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator.
Any individual, partnership, association, corporation, department,
bureau, agency or legal entity.
Garbage, rubbish and trade waste.
An individual 18 years or older who is not under the influence
of drugs or alcohol or suffering from any other disability which would
impair his or her ability to properly supervise a fire.
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
excelsior, ashes, furniture, tin cans, glass, crockery, masonry, plastics,
recyclable items and other similar items.
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material, including but
not limited to metals, chemicals, shipping containers or drums.
All solid or liquid material or rubbish resulting from construction,
building operations or the prosecution 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 that trade waste shall
not include any coal refuse associated with mining or preparation
of coal.
A.
Burning is allowed without a permit during the following
time specifications:
Days
|
Hours Permitted
| |
---|---|---|
Monday through Friday
|
4:00 p.m. to 9:00 p.m.
| |
Saturday
|
8:00 a.m. to 9:00 p.m.
| |
Sundays
|
Prohibited
|
B.
Every contained fire or controlled burn shall be built
in and confined to a noncombustible container covered with a screen
of one-half-inch or smaller mesh, or with other suitable noncombustible
cover, and shall not be permitted closer than 25 feet from any building.
C.
A burning permit is required for all burning to occur
at any times other than those specified in the above subsection. The
burning permit is valid for one burn only. The cost of the permit
fee shall be set by resolution of the Tobyhanna Township Supervisors.
D.
The following are exceptions:
(1)
Fire used for the burning of waste generated by clearing
and grubbing prior to construction, as long as smoke odors, ash or
sparks and embers do not cross onto other properties.
(2)
Fire set in conjunction with the production of agricultural
commodities in their unmanufactured state on the premises of the farm
operation.
(3)
Fire set solely for recreational or ceremonial purposes,
or used only for cooking.
(4)
Fire set to prevent or abate a fire hazard, when approved
by the Department of Environmental Protection (DEP) and set by or
under the supervision of a public officer.
(5)
Fire set for the purpose of instructing personnel
in fire fighting.
(6)
Fire set for the prevention and control of disease
or pests.
(7)
Prescribed controlled fire for the conservation and
management of unique and natural areas and/or for the reduction of
fuel loads.
(8)
Fire used as a management technique for preventing
wildfires; scientific research; or vegetation management.
E.
All fires shall be attended to at all times by a responsible
adult with readily available means of extinguishing the fire.
F.
Fire must be extinguished thoroughly with no smoldering.
G.
No burning is allowed during a fire ban emergency,
as proclaimed by Monroe County Emergency Management or Tobyhanna Township.
A.
Burning of construction debris, aerosol cans, by-products
of manufacturing and processing operations and wastes from commercial
operations is strictly prohibited.
B.
Nothing herein shall be construed to permit or encourage
the burning of any substance determined by the Commonwealth of Pennsylvania
or the United States Environmental Protection Agency to be a hazardous
substance; nor shall any fire be permitted to burn by any persons
if such burning is in violation of the Air Pollution Control Act[1] or other legislation by the Commonwealth of Pennsylvania
or the United States of America or any of their legislative agencies.
[1]
Editor's Note: See 35 P.S. § 4001
et seq.
C.
Fires shall be used only to burn readily combustible
materials.
A.
The Tobyhanna Township Supervisors may declare a fire
ban emergency in the township, with or without consultation with the
Fire Chiefs of the volunteer fire companies operating within the township,
during periods of drought or other periods of high fire risk to woodlands
or property within the township.
B.
Upon Tobyhanna Township declaring a fire ban emergency,
all outdoor burning or fires shall be prohibited until the ban is
lifted by the township.
C.
The township shall publish a notice of the fire ban
emergency at least once in a local newspaper of general circulation.
In addition, the township may issue news releases to all communication
media, including radio, television and newspapers.
The Tobyhanna Township Supervisors shall appoint
the Zoning Officer who shall have the power to enforce the provisions
of this chapter, or, in the absence of the Zoning Officer, a Pocono
Mountain Regional Police Officer.
It shall be unlawful to burn, ignite, incinerate,
maintain or otherwise permit the burning of any materials whatsoever
without complying with the requirements of this chapter. Any person
who shall violate any of the provisions of this chapter shall, upon
conviction in a summary proceeding brought in the name of the township
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
be sentenced to pay a fine of not more than $300 and the costs of
prosecution and, in default of payment, to imprisonment for a term
of not to exceed 90 days, provided that each day's violation of any
of the provisions of this chapter shall constitute a separate offense.
A.
In the case of a fire requiring fire fighters and/or
equipment, and upon conviction of any violation of this chapter, the
violator shall also pay charges in order to cover the fire-fighting
costs. Charges shall be assessed for use of the following fire-fighting
equipment:
B.
Additional labor charges shall be assessed under this
chapter based upon an hourly rate for all firemen engaged in the fire-fighting
activities.
C.
The Tobyhanna Township Supervisors shall determine
by resolution a reasonable schedule of costs based upon mileage, operating
costs and fire-fighting equipment and man hours. These charges shall
be in addition to and not in lieu of any penalties provided elsewhere
in this chapter.
Tobyhanna 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 chapter,
or by reason of the conduct of any burning activity in compliance
or noncompliance with the terms and provisions hereof. The person,
persons, company or companies responsible for any such fire and the
permit holder shall bear sole liability for any damages caused as
a result thereof.
[Adopted 10-13-2008 by Ord. No. 472]
This article shall be known as the "Tobyhanna
Township Outdoor Wood-Fired Burner/Furnace Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
Wood that does not have paint, stains or other types of coatings
and wood that has not been treated with substances, including, but
not limited to, copper arsenate, creosote or pontachlorophenol and
wood pellets made from clean wood.
The Zoning Officer or other person appointed by the Board
of Supervisors to administer and enforce this article, whose duties
shall include responding to resident questions and complaints and
performing other tasks as the Board of Supervisors may assign.
An outdoor wood-fired burner/furnace that was purchased and
installed prior to the effective date of this article.
A fuel-burning device designed to burn wood or other manufacturer-approved
fuel product that is manufactured specifically for outdoor installation,
or installation in structures not normally occupied by humans, and
further designed to heat building space and/or water via the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a water/antifreeze mixture.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency, or any other legal entity whatsoever
which is recognized by law.
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.
A.
Any person desiring to install an outdoor wood-fired
burner/furnace within Tobyhanna Township shall obtain a permit from
the Code Enforcement Officer and shall pay a permit fee set by the
Board of Supervisors by resolution prior to installing an outdoor
wood-fired burner/furnace.
B.
Prior to July 1 of each calendar year, the owner of
the lot upon which an outdoor wood-fired burner/furnace is located
shall apply for an operating permit which shall be valid for the period
from July 1 through June 30 of the following calendar year. The owner
shall pay all fees imposed by Tobyhanna Township for the application
for such operating permit and the inspection of the outdoor wood-fired
burner/furnace to determine compliance with this article.
A.
A permit issued pursuant to this article may be suspended
as the Code Enforcement Officer or other person appointed by the Board
of Supervisors to administer and enforce this article may determine
to be necessary to protect the public health, safety and welfare of
the residents of Tobyhanna Township if any of the following conditions
occur:
(1)
Malodorous air contaminants from the outdoor wood-fired
burner/furnace are detectable outside the property of the person on
whose land the outdoor wood-fired burner/furnace is located;
(2)
The emissions from the outdoor wood-fired burner/furnace
interfere with the reasonable enjoyment of life on neighboring property;
(3)
The emissions from the outdoor wood-fired burner/furnace
caused damage to vegetation on neighboring property;
(4)
The emissions from the outdoor wood-fired burner/furnace
are or may be harmful to human or animal health; or
(5)
The burning of any material otherwise prohibited within
this article.
B.
A suspended permit may be reinstated once the condition
which resulted in suspension is remedied and reasonable assurances
are given that such condition will not recur. Recurrence of a condition
which has previously resulted in suspension of a permit shall be considered
a violation of this article and subject to the penalties provided
within the article.
Any outdoor wood-fired burners/furnaces in existence
on the effective date of this article shall be permitted to remain,
provided that the owner applies for and receives a permit from the
Code Enforcement Officer within one year of the effective date of
this article. If the owner of an existing outdoor wood-fired burner/furnace
does not receive a permit within one year of the effective date of
this article, the outdoor wood-fired burner/furnace shall be removed
and thereafter subject to all of the regulations provided for in this
article.
A.
Any person desiring to install an outdoor wood-fired
burner/furnace within the municipality shall obtain a permit from
the Code Enforcement Officer. The applicant for such a permit shall
meet the following requirements.
(1)
Present a plan showing all property lines, locations
and distances of all dwellings or occupied buildings on adjoining
properties and the proposed location of the outdoor wood-fired burner/furnace.
(2)
Locate the outdoor wood-fired burner/furnace at least
250 feet from any occupied structure not located on the lot on which
the outdoor wood-fired burner/furnace will be located.
(3)
Locate the outdoor wood-fired burner/furnace at least
150 feet from all property lines.
(4)
Present documentation on the stack or chimney for
the outdoor wood-fired burner/furnace. The outdoor wood-fired burner/furnace
shall have a stack or chimney that extends to a minimum height of
the residential structure roof peak of which the outdoor wood-fired
burner/furnace is servicing, plus an additional two feet. If there
are any other residential structures within 250 feet of the outdoor
wood-fired burner/furnace, the stack or chimney shall extend at least
as high above the ground surface as the height of the roof peaks of
all such residences, plus an additional two feet. The maximum height
of the outdoor wood-fired burner/furnace stack or chimney shall not
exceed 50 feet and shall not exceed the maximum height requirement
in that specific zoning district. Should a new residential structure
be built, or an existing residential structure modified within the
radius of 250 feet, the outdoor wood-fired burner/furnace stack or
chimney height shall be raised to match the height of the new or modified
structure, up to the maximum height indicated above.
(5)
Present evidence that the applicant has obtained a
building code permit as required by this article for the installation
of the outdoor wood-fired burner/furnace and show its connection to
the mechanical system of the structure it will serve.
(6)
Provide a copy of the manufacturer's specifications
and instructions, which the applicant agrees to comply with and not
alter at any time.
(7)
Demonstrate that the outdoor wood-fired burner/furnace
has been laboratory tested and listed to comply with appropriate safety
standards such as UL (Underwriters' Laboratories) or ANSI (American
National Standards Institute) standards.
(8)
All outdoor wood-fired burners/furnaces shall be equipped
with properly functioning spark arresters.
(9)
The application shall be signed by all owners of the
lot on which the outdoor wood-fired burner/furnace will be located
and the contractor installing the outdoor wood-fired burner/furnace.
If an outdoor wood-fired burner/furnace is replaced
or upgraded, a permit shall be required pursuant to this article and
shall comply with all sections of this article.
A.
The only substance that may be burned in an outdoor
wood-tired burner/furnace is clean wood.
B.
No person shall burn any of the following in an outdoor
wood-fired burner/furnace:
(1)
Any wood that does meet the definition of "clean wood."
(2)
Tires.
(3)
Lawn clippings or yard waste.
(4)
Rubbish or garbage, including, but not limited to,
food wastes, food packaging or food wraps.
(5)
Materials containing plastic.
(6)
Materials containing rubber.
(7)
Waste petroleum products.
(8)
Paint and paint thinners.
(9)
Any type of paper cardboard.
(10)
Construction/demolition debris (such as shingles).
(11)
Plywood or other composite wood products.
(12)
Particleboard.
(13)
Manure.
(14)
Animal carcasses.
(15)
Asphalt products.
(16)
Used cooking oils.
C.
The outdoor wood-fired burner/furnace shall at all
times be operated and maintained in accordance with the manufacturer's
specifications.
D.
The outdoor wood-fired burner/furnace shall be maintained
and operated in compliance with all emissions and air quality standards
promulgated by the United States Environmental Agency, the Pennsylvania
Department of Environmental Protection and all other relevant state
and/or federal agencies.
E.
Any ash or other by-products from the operation of
the outdoor wood-fired burner/furnace shall be disposed of in accordance
with all applicable laws.
[Amended 5-11-2009 by Ord. No. 479]
Outdoor wood-fired burners/furnaces may be operated
year round unless otherwise restricted by the Township.
A.
Enforcement Officer. The Board of Supervisors shall
appoint an individual, agency or firm to serve as the Enforcement
Officer who 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 of Tobyhanna whose presence is
necessary to complete the inspection, may inspect any premises, building
or structure in accordance with 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.
(3)
Hearing appearance. The Enforcement Officer shall
appear at all hearings conducted in accordance with this article and
testify as to the violation.
C.
Inspection; 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.
Duly authorized representatives of the Township of Tobyhanna may enter
at reasonable times any property within the Township to investigate
or ascertain the condition of the subject property in regard to any
aspect regulated by this article.
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 a copy of the Enforcement Officer's inspection
report detailing the conditions constituting the violation, contain
an outline of the remedial action required to come into compliance
with this article and state a reasonable time to rectify the violation;
(4)
Inform the owner of the right to request a hearing
before the Board of Supervisors as set forth in this article;
(5)
Inform the owner/occupant that should there be a failure
to comply with the notice or request a hearing, the individual will
be subject to the penalties set forth in this article and the costs
and expenses, including attorneys' fees, of enforcing the terms of
this article; and
(6)
Except in emergency cases, a notice shall be sent
by registered mail or by certified mail or personally delivered to
the owner and/or occupant of the premises upon which the violation
exists. Where the owner is absent from the Township of Tobyhanna,
all notices shall be deemed to be properly served if a copy of the
notice is served upon the owner personally, a copy of the notice is
sent by registered mail or by certified mail to the last known address
of the owner, regardless of proof of receipt, and is posted in a conspicuous
place on or about the premises affected by the notice, or the owner
is served with such notice by any other method authorized under the
laws of the Commonwealth of Pennsylvania.
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 immediate action be taken as is
necessary to correct the violation and eliminate the emergency.
F.
Notwithstanding the other provisions of this article,
such order shall be effective immediately.
G.
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 within 10 days after service
of the notice. The request shall contain a brief statement regarding
the reasons for the request.
(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.[1] The hearing shall be scheduled not 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.
[1]
Editor's Note: See 2 Pa.C.S.A. § 105
et seq.
(3)
Tobyhanna Township 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 Monroe County in accordance
with the provisions of the Local Agency Act.[2] 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.
[2]
Editor's Note: See 2 Pa.C.S.A. § 105
et seq.
(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.
H.
Remedies and penalties. Any person who has violated
or permitted a violation of any provisions of this article shall,
upon judgment thereof, be sentenced to pay a fine of not less than
$100, nor more than $1,000 for each day the violation exists after
notice from Tobyhanna Township, together with the costs of the suit
and/or shall be committed to the Monroe County prison for a period
not to exceed 30 days. Each day of violation shall be a separate offense
for which a separate conviction may be sought. All judgments, costs,
interests and reasonable attorneys' fees collected for a violation
of this article shall be paid over to Tobyhanna Township. In addition
to fines, judgments, costs and/or imprisonment remedies set forth
above, the Township reserves the right to pursue all other available
remedies at law or in equity under the laws of the Commonwealth of
Pennsylvania.
Tobyhanna 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 activities shall bear sole responsibility
of any damages caused as a result thereof.