[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Frederick as indicated in article histories.
Amendments noted where applicable.]
[Adopted 10-8-1992 by Ord. No. 92-11]
As used in this chapter, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
A fire in which any material is burned in a receptacle other
than a furnace or incinerator.
Any waste material normally generated in the operation of
a single-family dwelling including, but not limited to, such items
as paper products and not including noncombustible material.
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.
The Board of Supervisors of Upper Frederick Township, Montgomery
County, Pennsylvania.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge or any other combustible material.
A fire in which any material is burned in the open.
Any individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
Garbage, rubbish and trade waste.
Solids not considered to be highly flammable or explosive
including, but not limited to, rags, old clothes, leather, rubber,
carpets, wood, excelsior, paper, ashes, tree branches, tree leaves,
yard trimmings, furniture, tin cans, glass, crockery, masonry and
other similar materials.
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 the mining or preparation
of coal.
[Amended 8-13-1998 by Ord. No. 98-4; 7-11-2002 by Ord. No.
2002-11]
With respect to outdoor burning and the operation
of any indoor incinerator within the confines of Upper Frederick Township,
no person shall:
A.
Ignite or feed an open fire for the destruction of
refuse, imported material or in the conduct of a salvage operation
in any public or private place outside any building.
B.
Cause, suffer, allow or permit the maintenance of
any open fire for the destruction of refuse, imported material or
in the conduct of a salvage operation on any property under his control
outside of any building.
C.
Cause, suffer, allow or permit the maintenance of
any open fire which is started prior to one hour after sunrise or
which is not extinguished at least one hour before sunset.
D.
Cause, suffer, allow or permit any open burning operation
whatsoever if said burning operation is contrary to § 129.14,
Chapter 129 of Title 25, Rules and Regulations of the Department of
Environmental Protection.
E.
Hinder, delay, obstruct, resist, prevent or, in any
way, interfere with the fire officers or their assistants in the performance
of their duty hereunder, or refuse such personnel, after proper identification,
entrance at reasonable hours to any premises.
F.
Cause, suffer, allow or permit burning on any street
or sidewalk within Upper Frederick Township.
G.
Conduct any outdoor burning during periods of high
winds, declared drought or weather inversion or other situations deemed
hazardous by the Fire Marshal, his officers or the emergency management
coordinator.
H.
Use petroleum products to start or aid outdoor burning.
I.
Conduct outdoor burning without being attended by
an individual during the entire period of burning.
Subject to the following exceptions:
B.
Open burning for recreational or ceremonial purposes
on the property of recognized Scout camps.
C.
Open burning for the cooking of food over a campfire.
D.
Open fires may be set with the approval of the Fire
Chief of the Upper Frederick Township Fire Department or, in his absence
or unavailability, the Assistant Fire Chiefs via Montgomery County
radio dispatch; provided:
(1)
Leaves, branches and other nonputrescible vegetable
matter only are burned and are in piles exceeding five-foot by five-foot
by five-foot.
(2)
There is no practical available alternative method
for disposal of the material to be burned.
(3)
No hazardous or other objectionable condition will
be created by such burning.
E.
Open fires may be set without the approval of the
Fire Chief or Assistant Fire Chief of the Upper Frederick Township
Fire Department; provided, that only the following items are burned:
(1)
Dry twigs, dry branches and other native vegetation
in piles not to exceed five feet by five feet by five feet. Piles
larger than this shall be permitted only when approved by the Fire
Chiefs of the Upper Frederick Township Fire Department.
F.
Contained fires may be set without the approval of
the Fire Chief or Assistant Fire Chiefs of the Upper Frederick Township
Fire Department; provided, that only the following items are burned:
G.
Burning for the purpose of instructing personnel in
fire fighting, when approved by fire company officers.
It shall be the duty of the Upper Frederick
Township Fire Marshal to enforce the provisions of this chapter and
the rules and regulations contained herein:
A.
Receive and initiate complaints or violations of this
chapter.
B.
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 chapter.
C.
Have access to and require information pertinent to
any matter under investigation.
D.
Send written notice of any violation of this chapter
to the person responsible for the violation.
E.
Attend meetings of the Board when requested and file
a written report of violation of any regulation of this chapter.
F.
Institute prosecution for violation of the regulations
of this chapter.
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 writhing by the Township Fire Marshal after review and
inspection, with a volume no greater than fifty-five-gallon drum with
containment, ventilation and spark-arresting features similar to those
of an approved burning barrel.
B.
Outdoor burning of domestic refuse shall be attended
at all times by a competent adult. Outdoor burning of domestic refuse
shall not be conducted within 25 feet of any building or other structure,
or on any road, alley or public walkway, or in any area specifically
disapproved by the officers.
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 one hour after
sunrise and completely extinguished one hour before sunset. No outdoor
fire shall be started within an hour of sunset. The officers shall
have the right to inspect outdoor burning.
F.
No petroleum products may be used to start or aid
outdoor burning.
[Amended 8-13-1998 by Ord. No. 98-4]
A.
Any person, firm or corporation who shall violate
any provision of this chapter, upon conviction thereof in an action
brought before a District Justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
B.
The Fire Marshal may institute an action in equity
for an injunction to restrain continuous violations of this chapter
in the event the Fire Marshal has issued an abatement notice which
is being violated and which is not then the subject of judicial review.
[Adopted 1-8-2009 by Ord. No. 2009-02[1]]
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 105 but was renumbered to maintain the organizational structure
of the Code.
This article shall be known and may be cited as the "Upper Frederick
Township Outdoor Wood-Fired Boiler Ordinance of 2009."
The Board of Supervisors of Upper Frederick Township, under
and by virtue of and pursuant to the authority granted by the Second
Class Township Code, and Section 12 of the Air Pollution Control Act
(35 P.S. § 4012), does hereby enact and ordain this article.
This article applies to the installation and use of all outdoor
wood-fired boilers within the Township.
A.
This article does not apply to grilling or cooking using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
B.
This article does not apply to burning in a stove, furnace, fireplace
or other heating device within a building used for human or animal
habitation.
C.
This article does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
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 Code Appeals Board appointed by the Board of Supervisors.
Board of supervisors of the Township of Upper Frederick.
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.
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.
An outdoor wood-fired boiler for which the manufacturer has
supplied a certificate of compliance, or other proof of compliance,
with EPA recommendations and/or promulgated emission standards for
that particular furnace or appliance type and model.
An outdoor wood-fired boiler that is fully installed and/or
operational in the Township as of the enactment date of this article.
A fuel-burning device designed:
To burn clean wood or other approved solid fuels;
By the manufacturer specifically for outdoor installation or
installation in structures not normally intended for habitation by
humans or domestic animals (e.g., garages); and
To heat building space and/or water via distribution, typically
through pipes, of a fluid heated in the device, typically water or
a water/antifreeze mixture.
Outdoor wood-fired boilers are also known as "outdoor wood-fired
furnaces," "outdoor wood-burning appliances" or "outdoor hydronic
heaters," etc.
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.
A person designated by the municipality to be responsible
for the administration and enforcement of this article.
The Township of Upper Frederick.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery and other vegetative material.
After the effective date hereof, no outdoor wood-fired boiler
shall be maintained, installed or operated in the Township without
the owner first submitting an application in accordance with the terms
contained herein. The application and permit process is as follows:
A.
Any person, business or association (hereinafter referred to as "applicant")
who desires to install, maintain or operate an outdoor wood-fired
boiler, after the effective date hereof, upon their property in the
Township, must complete an application, in writing, and submit it
to the Upper Frederick Township Office located at 3205 Big Road, Obelisk,
Pennsylvania, 19492, along with the requisite application fee, at
least 30 days prior to the desired date of installation or operation.
Permit application forms shall be available at the Township Office
during regular business hours.
B.
The applicant must provide proof that the outdoor wood-fired boiler
to be installed, maintained or operated within the Township limits
is certified to meet applicable EPA and DEP emission recommendations
as amended; said standards must be submitted with the application,
unless the outdoor wood-fired boiler is considered by the EPA and
DEP to be exempt from certification.
C.
The applicant shall submit, with proof of low emissions, a copy of
the manufacturer's recommended operating parameters, and all
applicable information related to fuels necessary to achieve low emissions.
This information, together with any amendments or modifications that
may be forthcoming, shall be kept on file at the Township Office,
along with copies of the application, permit, proof of certification
and all other necessary documents.
D.
If an existing chimney is to be utilized, a written statement from
the local Fire Chief or Building Code Enforcement Officer stating
that the chimney has been inspected and is suitable for use with appropriate
fuels shall be submitted with the application. If a new chimney is
to be constructed, a building permit shall be required.
E.
Within 20 business days of receipt of a complete application, and
other required documents as described herein and, if necessary, after
a site inspection, a written decision shall be forwarded to the applicant
from the Zoning Enforcement Officer, or other responsible official,
which either grants or denies a permit to install, operate or maintain
the outdoor wood-fired boiler.
F.
The applicant may appeal a denial to the Appeals Board in accordance with § 103-16 hereof. Written notice of the request for appeal shall be filed in the Township Office within 10 calendar days of the date of denial, along with all appropriate fees.
G.
If the Zoning Officer, or responsible official of the Township, determines
that all the provisions of this article and the application process
have been met, a permit shall be issued to the applicant to install,
operate or maintain the outdoor wood-fired boiler in accordance herewith.
H.
If the Zoning Officer, or responsible official of the Township, determines
that any person, company or organization is violating a provision
or provisions of this article, its permit may be revoked and/or a
cease and resist order may be charged against any offending person,
company or organization.
I.
In the event that an application is denied, a permit is revoked or
a cease and desist order is issued, notice shall be given to the applicant,
permittee or offending person, company or organization. The notice
shall:
(1)
Be in writing.
(2)
Include a description of the property sufficient for identification.
(3)
Include a statement of the reason or reasons why the notice is being
issued.
(4)
Include a correction order allowing a reasonable time (not to exceed
10 calendar days) for changes and/or corrections to be made to bring
the outdoor wood-fired boiler into compliance with the provisions
of this article.
Application, permit, inspection, variance and appeal fees shall
be set by resolution of the Board of Supervisors.
A.
All outdoor wood-fired boilers must meet applicable regulations and
recommendations of the EPA and DEP. All outdoor wood-fired boilers
shall meet emission certification requirements unless expressly exempted
otherwise. The applicant shall have the burden of proving that the
outdoor wood-fired boiler it desires to install, operate and maintain
meets all existing laws, regulations and certifications.
B.
The outdoor wood-fired boiler shall be located at least 500 feet
from the nearest building that is not on the same property as the
outdoor wood-fired boiler, and the outdoor wood-fired boiler shall
be located at least 300 feet from the property line.
C.
All noncatalytic outdoor wood-fired boilers must be certified not
to exceed EPA particulate matter emission standards. All catalytic
outdoor wood-fired boilers must be certified not to exceed EPA particulate
matter emission standards. If the EPA or other agency should promulgate
stricter standards, the stricter standards shall apply.
D.
The outdoor wood-fired boiler shall have a permanent chimney that
extends at least 15 feet. If there are any residences within 500 feet
not on the same property, the chimney shall also extend at least five
feet above the height of the roofs of all such residences.
E.
Outdoor wood-fired boilers may only burn fuels for which the same
were designed to burn and which are approved by the manufacturer.
None of the following fuels or materials may be burned in any outdoor
wood-fired boilers under any circumstances:
(1)
Any material that does not meet the definition of "clean wood."
(2)
Furniture.
(3)
Garbage.
(4)
Tires.
(5)
Lawn clippings or yard waste.
(6)
Material containing plastic.
(7)
Material containing rubber.
(8)
Waste petroleum products.
(9)
Paints and paint thinners.
(10)
Chemicals.
(11)
Any hazardous waste.
(12)
Coal.
(13)
Glossy colored paper.
(14)
Construction and demolition debris.
(15)
Plywood.
(16)
Particleboard.
(17)
Salt water driftwood.
(18)
Manure.
(19)
Animal carcasses.
(20)
Asphalt products.
F.
Ashes or residue shall not be accumulated upon any property. Ashes
and residue may not be dispersed on any property. Any accumulation
of ashes or residue must be disposed of appropriately. It is the responsibility
of the owner to ensure that no live coals or embers are present in
any ashes or residue in such a manner as to constitute a fire hazard.
G.
All firewood that is to be burned shall be neatly stacked and stored
under cover.
H.
No outdoor wood-fired boiler shall be altered or modified such that
the applicable certification emission tests would be invalidated.
Any antipollution device installed by the manufacturer, or required
by this article or otherwise, shall not be disconnected or rendered
inoperative. Operation of the outdoor wood-fired boiler shall be in
accordance with the manufacturer's written instructions. This
shall include, if applicable, periodic inspection and replacement
of catalytic combustors.
I.
All outdoor wood-fired boilers shall be installed, operated and maintained
in strict conformance with the manufacturer's instructions, the
provisions of this article, applicable building codes, and all applicable
local, state and federal laws and regulations. In the event of a conflict,
this article shall apply unless the manufacturer's instructions
or regulations are more strict, in which case the manufacturer's
instructions or regulations shall apply. A copy of the manufacturer's
installation and/or operating instructions shall be filed with the
Township Office, by the applicant, together with any subsequent amendments
or modifications.
J.
For all outdoor wood-fired boilers, a chimney stack greater than
15 feet in height must be secured against high winds and be constructed,
installed and maintained in such a manner that it does not constitute
a safety hazard. All chimney stacks shall be constructed in accordance
with all rules and regulations of the Township and commonwealth and
shall be constructed in accordance with the manufacturer's instructions.
K.
The outdoor wood-fired boiler shall have an orange hang tag that
signifies that it meets the EPA's standards for Phase I air emission
levels of 0.60 pound of fine particulates per million BTU heat input
and qualifies for the EPA's voluntary program.
Outdoor wood-fired boilers that exist within the Township limits
on the date this article takes effect shall be subject to the following
terms and conditions of this article:
A.
In order to continue to maintain and operate an existing outdoor wood-fired boiler, owners must submit an application for a permit to operate their existing outdoor wood-fired boiler in accordance with § 103-11 hereof. Said application must be submitted within 30 days of the effective date hereof.
B.
An application submitted under this section shall act as a temporary
permit to operate and maintain the existing outdoor wood-fired boiler
so that the applicant has time to comply with the application process
and meet the terms and conditions of this article.
C.
Owners of existing outdoor wood-fired boilers who give notice of
the same, by submitting an application, within 30 days of the effective
date of this article, shall be grandfathered in as it relates to setback
and construction requirements of this article. This nonconforming
use shall extend only to new outdoor wood-fired boilers installed
in the same location as the outdoor wood-fired boiler existing at
the enactment of this article.
D.
An owner who fails to file such an application, or is denied a permit
for reasons contained herein, shall not be permitted to maintain and
operate the existing outdoor wood-fired boiler within the Township.
E.
In the event that an outdoor wood-fired boiler is determined to be
50% torn down, physically deteriorated, rusted or decayed, the outdoor
wood-fired boiler must be removed and/or replaced with a new unit.
In the event a unit needs to be replaced, a new application must be
submitted, and all other provisions hereof must be followed.
A.
If a complaint is received by the Township, or if the Zoning Officer
or responsible official feels there is a violation of this article,
the Township may conduct an inspection to determine if the outdoor
wood-fired boiler is being operated and maintained in accordance with
this article, EPA and DEP regulations, or the manufacturer's
recommended operating parameters. If it is determined that the owner/operator
is violating a provision hereof, the Township may impose an inspection
fee in addition to other enforcement remedies contained herein.
B.
In the event the owner has received updated recommendations from
the manufacturer, the same shall be utilized to determine compliance.
The owner shall be required to correct any deviations found as a result
of the inspection. Failure to correct the deviations within 30 calendar
days shall constitute a violation of this article. The owner's
refusal to allow the inspection shall result in immediate permit revocation.
A.
Any applicant, permittee or person affected by a decision of the Zoning Officer, or other responsible official of the Township, may appeal, for the reasons set forth in § 103-16B hereof, to the Appeals Board, provided that a written application for appeal is submitted. The notice of appeal shall:
C.
Upon receipt of an appeal, a hearing shall be scheduled before the
Appeals Board within 60 calendar days, or in a manner to allow for
appropriate advertising, and shall be held at the Township Office,
or other designated location within the Township. Notice of the hearing
shall be appropriately advertised and posted at the Township Office
and shall be served by the Township, via United States first-class
mail, or by hand delivery, upon the applicant.
D.
The burden shall be on the appellant to supply all necessary testimony,
exhibits and information that the Appeals Board needs to make a decision.
E.
The Appeals Board may dismiss the case sui sponte if it determines,
inter alia, that the appellant has not complied with the appeal process
or provided necessary information. The Township Solicitor may be present
at this hearing, and the appellant may be represented by counsel.
F.
The Appeals Board shall issue a written decision within 30 days of
the last hearing for a given appeal. The Board may grant or deny an
appeal, in full or in part, or provide for conditional approval where
appropriate. The decision shall be forwarded to the appellant by hand
delivery or regular mail. A copy of the decision shall be available
at the Township offices. The Appeals Board may impose additional conditions
or restrictions upon the appellant as it deems appropriate. The decision
of the Appeals Board shall be final.
A.
In considering a variance appeal in accordance with § 103-16 hereinabove, the Appeals Board shall consider the following factors:
(1)
The degree of compliance with published guidelines and recommendations
for outdoor wood-fired boiler setbacks, chimneystack heights and emissions.
(2)
Prior complaints concerning the outdoor wood-fired boiler.
(3)
Comments and/or concerns of residents within 1,000 feet of the outdoor
wood-fired boiler.
(4)
Minimum setback from neighboring boundary lines of 300 feet.
(5)
Chimneystack height a minimum of two feet and a maximum of five feet
above the peak of neighboring dwellings.
(6)
Either retrofit to meet EPA's Phase I emission standards or
upgrade to meet EPA's Phase II emission standards.
B.
In considering a variance appeal, the Appeals Board may consider
the following factors:
(1)
Whether the outdoor wood-fired boiler maintains or enhances the character
of the area in which it is located.
(2)
Whether the outdoor wood-fired boiler constitutes a safety or health
hazard, a nuisance, or has a noxious effect on the surrounding area
either due to appearance or operation.
(3)
Whether the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible for the regulation at issue.
(4)
Whether, in the case of a hardship, that hardship has been created
by the applicant.
(5)
Whether the variance, if authorized, will alter the essential character
of the neighborhood or district in which the outdoor wood-fired boiler
is located or substantially or permanently impair the appropriate
use or development of adjacent property or be detrimental to the public
welfare.
A.
The Zoning Officer, or other responsible official, shall have the
power and duty to enforce the provisions of this article, and in such
event, the Zoning Officer, or other responsible official, pursuant
to statutory or otherwise authorized police powers, shall have the
right and power to enter upon the property for enforcement purposes.
B.
The Township may issue such orders as are necessary to aid in the
enforcement of the provisions of this article. These orders shall
include, but shall not be limited to, orders requiring persons to
cease unlawful use of outdoor wood-fired boilers, which are in violation
of any provision of this article; orders to take corrective action
or to abate a public nuisance; or orders requiring production of information.
Such an order may be issued if the Township finds that any person
is in violation of any provision of this article.
C.
The Township may, in its order, require compliance with this article.
D.
An order issued under this section shall take effect upon notice,
unless the order specifies otherwise. An appeal to the Appeals Board
of the Township's order shall not act as a supersedeas; provided,
however, that, upon application and for cause shown, the Appeals Board
may issue such a supersedeas under rules established by the Appeals
Board.
E.
The Zoning Officer or responsible official may commence civil and/or
criminal proceedings against any offending person. The offending person
shall pay the costs of such measures, including, but not limited to,
the costs of any equipment, reimbursement of wages for Township employees
or agents, and reasonable counsel fees.
F.
The authority of the Township to issue an order under this section
is in addition to any remedy or penalty that may be imposed pursuant
to this article. The failure to comply with any such order is hereby
declared to be a public nuisance.
Any person, firm or corporation who or which shall violate any
provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of no less than $300 and no more than $1,000, or the
maximum amount permitted by law, and, in default of payment of said
fine, to imprisonment for a term not to exceed 90 days. Every day
that a violation of this article continues shall constitute a separate
offense. In addition, violation of any provision of this article may
result in suspension or revocation of a permit. The Township, or other
responsible official, shall forward such suspension or revocation
notice in writing, via United States first-class mail. Upon receipt
of such notice, the property owner or occupant shall immediately cease
utilizing the outdoor wood-fired boiler. A suspended permit may be
reinstated once the condition which resulted in suspension is remedied
and a letter from the Township or other responsible official authorizing
reinstatement is received.
A violation of this article or of any order issued by the Township
under this article 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. Whenever the nuisance
is maintained or continued contrary to this article or any order issued
pursuant to this article, the nuisance may be abatable in the manner
provided by this article. Any person who causes the public nuisance
shall be liable for the cost of abatement.
All other ordinances, or parts thereof, which are in conflict
with this article are hereby repealed.
The provisions of this article 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 article.
It is hereby declared to be the intent of the Board of Supervisors
that this article would have been adopted if such illegal, invalid
or unconstitutional section, clause, sentence, part or provision had
not been included herein.
This article shall become effective five days following the
date of adoption.
