[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.
