[Ord. 2010-1, 4/5/2010]
This Part shall be known and may be cited as the "Londonderry Township Outdoor Wood-Fired Boiler Ordinance."
[Ord. 2010-1, 4/5/2010]
The Board of Supervisors of the Township of Londonderry, under and by virtue of and pursuant to the authority granted by the Second Class Township Code, hereby ordain and enact this Part.
[Ord. 2010-1, 4/5/2010]
This Part applies to the installation and use of all outdoor wood-fired boilers within the Township of Londonderry.
1.
This Part does not apply to grilling or cooking using charcoal, wood, propane, or natural gas in cooking or grilling appliances.
2.
This Part does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human habitation.
3.
This Part does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
4.
This Part does not apply to patio fuel-burning units.
[Ord. 2010-1, 4/5/2010]
Whereas the Board of Supervisors of the Township of Londonderry has determined that air pollution from outdoor wood-fired boilers may be detrimental to health, comfort, living conditions, welfare, and safety of the citizens of Londonderry Township, it is hereby declared to be the policy of Londonderry Township to safeguard the citizens of Londonderry Township from such air pollution.
[Ord. 2010-1, 4/5/2010]
The following words, terms, and phrases, when used in this Part, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:
The Air Pollution Control Act.
The Board of Supervisors of Londonderry Township.
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.
The United States Environmental Protection Agency.
Also known as outdoor wood-fired furnaces, outdoor wood-burning appliances, or outdoor hydronic heaters, water stoves, etc. A fuel-burning device:
Designed to burn clean wood or other approved solid fuels;
That the manufacturer specifies for outdoor installation or for installation in structures not normally intended for habitation by humans, including structures such as garages and sheds; and
Which heats building space and/or water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.
A chimnea, patio warmer or other portable temporary fuel-burning device used for outdoor recreation and/or heating.
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.
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 British thermal units output and is labeled accordingly. Phase 2 outdoor wood-fired boiler models will be identified with a white hang tag.
The person designated by the municipality to be responsible for the administration and enforcement of this Part, specifically the Township Code Enforcement Officer.
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.
Londonderry Township, a Township, having jurisdiction over the disposal of sewage, industrial wastes, or other wastes.
[Ord. 2010-1, 4/5/2010]
On or after the date of the adoption of this Part, no person shall install, use, operate or maintain an outdoor wood-fired boiler in Londonderry Township.
[Ord. 2010-1, 4/5/2010]
1.
The Township Code Enforcement Officer shall have the power and duty to enforce the provisions of this Part.
2.
The Township Code Enforcement Officer or the Board of Supervisors of Londonderry Township may issue such orders as are necessary to aid in the enforcement of the provisions of this Part. These orders shall include, but shall not be limited to, orders requiring persons to cease unlawful use of outdoor wood-fired boilers, which is in violation of any provision of this Part; 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 Code Enforcement Officer or the Board of Supervisors of Londonderry Township finds that any person is in violation of any provision of this Part.
3.
The Board of Supervisors or the Township Code Enforcement Officer may, in its order, require compliance with this Part.
4.
An order issued under this Section shall take effect upon notice, unless the order specifies otherwise. An appeal to the Court of Common Pleas shall not act as a supersedeas; provided, however, that, upon application and for cause shown, the Court of Common Pleas may issue such a supersedeas under rules established by the Supreme Court of Pennsylvania.
5.
The authority of the Board of Supervisors of Londonderry Township or the Township Code Enforcement Officer to issue an order under this Section is in addition to any remedy or penalty that may be imposed pursuant to this Part. The failure to comply with any such order is hereby declared to be a public nuisance.
[Ord. 2010-1, 4/5/2010]
1.
Whenever the Township Code Enforcement Officer finds that an illegal operation of an outdoor wood-fired boiler is occurring in Londonderry Township, in contravention of the requirements of § 5-906 above, the Code Enforcement Officer may order the owner or operator to take corrective action in a manner satisfactory to Londonderry Township or the Township Code Enforcement Officer may order the owner or operator to allow access to the land by the Township Code Enforcement Officer or a third party to take such action.
2.
Penalties. Any person, firm, or corporation who shall violate any provision of this Part, upon conviction thereof before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be subject to pay a fine of not more than $1,000, plus costs and reasonable attorneys fees, and, in default of payment of said fines, costs and reasonable attorneys fees, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues, or each section of this Part that shall be found to be in violation, shall constitute a separate offense.
[Ord. 2010-1, 4/5/2010]
It shall be unlawful to fail to comply with or to cause or assist in the violation of any of the provisions of this Part or to fail to comply with any order or other requirement of the Township; or to cause a public nuisance; or to hinder, obstruct, prevent, or interfere with the Township or its personnel in their performance of any duty hereunder, including denying the Township Code Enforcement Officer access to the source or facility.
[Ord. 2010-1, 4/5/2010]
A violation of this Part or any order issued by the Township under this Part 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 following the process for assessment and collection of a criminal penalty contained in § 5-908. Whenever the nuisance is maintained or continued contrary to this Part or any order issued pursuant to this Part, the nuisance may be abatable in the manner provided by this Part. Any person who causes the public nuisance shall be liable for the cost of abatement.
[Ord. 2010-1, 4/5/2010]
The provisions of this Part 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 Part. It is hereby declared to be the intent of the Board of Supervisors that this Part would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence, part, or provision had not been included herein.
[Ord. 2010-1, 4/5/2010]
This Part shall become effective immediately and ordained and enacted this 5th day of April 2010.