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:
OUTDOOR WOODBURNING BOILER (OWB)
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.
OUTDOOR WOODBURNING FURNACE
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."
PHASE II OUTDOOR WOODBURNING BOILER
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.
SEASONED WOOD
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.
STACK
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.
WOOD FUEL
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.
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.
D. The OWB owner shall follow the manufacturer's recommendations for
installation and use of the unit, as well as any and all applicable
provisions of the Uniform Construction Code.
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:
(5) Lawn clippings or yard waste.
(6) Material containing plastic.
(7) Material containing rubber.
(8) Paints and paint thinners.
(13)
Construction and demolition debris.
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.
J. Any OWB installed and in use prior to the effective date of this article shall be required to comply with the following sections of this article: §
136-35E,
H and
I.