[Adopted 7-13-2010 by Ord. No. 629]
This article shall be known and may be cited as the "Lower Moreland
Township Outdoor Woodburning Boiler Ordinance."
The Board of Commissioners of Lower Moreland Township is empowered
to adopt ordinances, rules and regulations necessary for the proper
maintenance of the health and welfare of the Township and its citizens;
to regulate the construction, alteration, repair, occupation, maintenance,
ventilation, use and inspection of all buildings constructed, erected,
altered, designed or used within the Township and to prevent the use
of any structure within the Township; to secure the safety of persons
or property within the Township; and to prohibit nuisances pursuant
to the First Class Township Code, 53 P.S. § 55101 et seq.
Outdoor woodburning boilers (hereafter sometimes referred to as "OWBs")
have been shown, due to their design, to emit high quantities of particulate
matter and noxious fumes, resulting in health, safety and nuisance
problems, and poor operational practices and the use of inappropriate
forms of fuel in OWBs exacerbate the detrimental health effects of
these devices. A thorough assessment of the effects of OWBs and the
dangers inherent in the use and operation thereof has been prepared
by NESCAUM (Northeast States for Coordinated Air Use Management),
an organization formed by several states located in the Northeast
United States for the purpose of addressing the concerns relating
to the growing use of OWBs and the potential health problems associated
with the use of OWBs in populated areas, a copy of which assessment
is on file at the Township Building. The Board of Commissioners desires
to minimize the human health hazards resulting from the smoke and
noxious fumes emitted by OWBs and to encourage proper techniques in
the use of OWBs.
As used in this article, the following terms shall have the
meanings indicated:
An accessory structure designed and intended, through the
burning of wood, for the purpose of heating a principal structure
or any other building or structure on the premises.
An accessory structure or appliance designed to be located
in an outside space ordinarily used for residential, business or other
industrial purposes and which is designed to provide heat, via liquid
or other means, through the burning of wood, for heating spaces other
than those where such structure or appliance is located or for heating
domestic water sources, swimming pools, hot tubs or jacuzzi facilities.
For the purpose of this article, the term "outdoor woodburning boiler"
is synonymous with the term "outdoor woodburning furnace."
An outdoor woodburning boiler that has been certified or
qualified by the United States Environmental Protection Agency as
meeting a particulate matter emission limit of 0.32 pound per million
British thermal units output and is labeled accordingly. Phase II
outdoor woodburning boiler models shall be identified with a white
hang tag.
Wood that has been cut for at least one year 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.
Any vertical structure enclosing the flue or flues that carry
off smoke or exhaust from an OWB, especially that part of a structure
extending above a roof.
All wood intended to be used as fuel, including but not limited
to trees, cordwood, logs, lumber, sawdust, wood from manufacturing
processes (e.g., butt-offs, shavings, turnings, sander dust), wood
pallets, slabs, bark, chips and waste pallets. Wood fuel does not
include materials chemically treated with any preservative, paint
or oil or other chemical substance.
No person shall cause, allow or maintain the use of an outdoor
woodburning boiler within Lower Moreland Township on any lot consisting
of less than three acres.
A.
Permit required. No person shall cause, allow or maintain the use
of an outdoor woodburning boiler within Lower Moreland Township on
any lot consisting of three or more acres without having first obtained
a permit from the Township with the approval of the Township Fire
Marshal.
B.
Permit procedure.
(1)
Every applicant for an OWB permit shall file an application with
the Township on a form approved by the Board of Commissioners.
(2)
Such application shall be accompanied by a fee in an amount fixed
by resolution of the Board of Commissioners, which fee may be adjusted
from time to time by further resolution of the Board.
(3)
Every applicant shall demonstrate as part of the OWB application
that the OWB will be installed, operated and maintained in accordance
with the regulations set forth in this article by submission of a
site plan indicating the location of the proposed OWB in relation
to all property lines, other buildings and structures on the applicant's
property and the separation distance between the OWB and all other
buildings and structures on the applicant's property, all neighboring
residences within 500 feet, all roads adjacent to the property, and
all woods, brush and flammable structures. Such plan shall be prepared
by a licensed land surveyor or professional engineer.
(4)
Every applicant for an OWB permit shall demonstrate to the satisfaction
of the Department of Licenses and Inspections and the Fire Marshal
that the applicant understands the regulations set forth in this article
and the requirements for the proper installation and operation of
the proposed OWB. Demonstration of such understanding shall, at a
minimum, be accomplished by submission of the manufacturer's installation
and operation instructions.
(5)
The OWB application shall provide the following information:
(a)
A description of the applicant's property by lot, block, tract
or street address or similar description to identify the property;
(b)
The name and address of the applicant and, if the applicant
is not the property owner, the name and address of the owner;
(c)
The proposed location of the OWB on the subject property;
(6)
The Township shall forward the OWB application to the Township Fire
Marshal for review. Following review of the application and inspection
of the subject property, the Fire Marshal shall approve or disapprove
the application, whereupon the Township shall either issue the OWB
permit to the applicant or notify the applicant in writing that the
application has been denied.
(7)
All applications for an OWB permit must be accompanied by an insurance
certificate providing liability insurance in an amount not less than
$100,000 in general liability coverage from the owner of the property.
(8)
Permits issued in accordance with this article, and any renewal of
permits issued hereunder, must be signed by the Township Code Enforcement
Officer and shall be prominently displayed on the OWB for which the
permit is issued in a sealed and watertight manner so as to protect
the permit from denigration by the weather, rain or other elements.
(9)
OWB permits shall be granted for a period of 365 days, upon proper
submission of the required application and supporting documentation
as provided herein, and shall be renewable on an annual basis. Any
person to whom an OWB permit is issued in accordance with this article
shall submit a renewal application no later than 30 days prior to
the expiration of the initial or renewed permit. No renewal application
shall be granted nor shall a renewal permit be issued unless approved
by the Fire Marshal after inspection of the OWB and the applicant's
property. All renewal applications shall be accompanied by a renewal
fee in an amount fixed by resolution of the Board of Commissioners,
which fee may be adjusted from time to time by further resolution
of the Board.
(10)
Any appeal from a determination by the Code Enforcement Officer
with respect to an OWB application or renewal application shall be
made to the Appeals Board in accordance with the procedures provided
for appeals to such Board.
Every OWB installed within Lower Moreland Township shall meet
the following requirements:
A.
No OWB shall be installed within 100 feet of the building for which
the OWB is supplying heat.
B.
No OWB shall be installed less than 400 feet from the nearest residence
not being served by the OWB.
(1)
In the event a new residence is built on an otherwise vacant building
lot situated within 400 feet of the OWB, or in the event an existing
residence is modified so that it is within the four-hundred-foot setback,
the owner of the OWB shall be required to move the OWB to bring its
location into compliance with these regulations.
(2)
No OWB owner shall be considered to have the authority to restrict
the right of any owner of such vacant lot, or other property owner
having a residence within the setback set forth herein, to build on
such lot or to modify an existing residence.
C.
Each OWB must be installed and operated so as to comply with any
and all applicable federal, state or local air quality control or
environmental standards.
E.
No OWB may be operated between May 1 and September 1 of any calendar
year.
F.
The OWB shall be a Phase II type woodburning boiler, as qualified
by the United States Environmental Protection Agency.
G.
No OWB shall be installed unless it has a permanent attached stack
with a minimum stack height of 10 feet above the ground that also
extends at least two feet above the highest peak of any residence
located less than 150 feet from the OWB.
H.
Only seasoned wood shall be burned in any OWB authorized pursuant
to this article. The following are prohibited fuels for OWBs:
(1)
Treated or painted wood.
(2)
Furniture.
(3)
Garbage.
(4)
Tires.
(5)
Lawn clippings or yard waste.
(6)
Material containing plastic.
(7)
Material containing rubber.
(8)
Paints and paint thinners.
(9)
Chemicals.
(10)
Any hazardous waste.
(11)
Coal.
(12)
Glossy colored paper.
(13)
Construction and demolition debris.
(14)
Plywood.
(15)
Particleboard.
(16)
Saltwater driftwood.
(17)
Manure.
(18)
Animal carcasses.
(19)
Asphalt products.
I.
The OWB shall be enclosed in a locked fence, no further than 10 feet
from the OWB, which fence shall comply with § 208-132.2
of the Lower Moreland Township Code.[2]
[2]
Editor's Note: Former § 208-132.2, Fences and walls, appeared in the prior Zoning Chapter that was superseded on 4-9-2014 by Ord. No. 679. Article I of Ord. No. 679 is codified in Ch. 208, Zoning, of the Code; the complete Zoning Ordinance is available online at www.lowermoreland.org and in the Township offices.
A.
Any person who shall install and/or use an OWB in violation of this
article shall, upon conviction before a Magisterial District Judge,
be sentenced to pay a fine not exceeding $1,000, together with the
cost of prosecution, and, upon default from the payment thereof, may
be sentenced to undergo imprisonment for a period not exceeding 30
days. Each day in which a violation shall continue, after due notice
to the property owner, shall be deemed a separate offense, punishable
by the terms and conditions provided under this section.
B.
The Code Enforcement Officer of Lower Moreland Township is duly empowered
to enforce the terms, conditions and provisions of this article.
