Township of West Manchester, PA
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of West Manchester 9-19-1985 by Ord. No. 85-8. Amendments noted where applicable.]
GENERAL REFERENCES
Fire companies — See Ch. 19.
As used in this chapter, the following terms shall have the meanings indicated:
AIR CONTAMINANT
Smoke, dust, fumes, gas, odor, mist, vapor or any combination thereof.
AGRICULTURAL BURNING
Open burning producing air contaminants and air pollution arising from the production of agricultural commodities in their unmanufactured state, but shall not include open burning of materials produced or manufactured off the premises of the farm operation.
CLEARING AND GRUBBING WASTES
Trees, shrubs and other native vegetation which are cleared from land prior to or during the process of construction. The term does not include demolition wastes, construction wastes, industrial wastes or dirt-laden roots.
DER
The Department of Environmental Resources of the Commonwealth of Pennsylvania.
FLUE
Any duct, pipe, stack, chimney or conduit permitting air contaminants to be emitted into the outdoor atmosphere which is of such a nature as to permit the performance of the test methods and procedures as described in Chapter 139 of Title 25 of the Rules and Regulations of the Department of Environmental Resources (Air Quality).
OPEN BURNING
An intentionally ignited fire which emits air contaminants into the outdoor atmosphere, except those fires where the air contaminants are emitted into the outdoor atmosphere through a flue and those fires ignited solely for the purpose of cooking food.
PERSON
Any individual, public or private corporation, for profit or not for profit, association, partnership, firm, trust, estate, department, bureau or agency of the commonwealth, political subdivision, municipality, district, authority or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PUBLIC OFFICER
Any employee of DER while acting in his official capacity, a police officer, the Zoning Officer of West Manchester Township, the Manager of West Manchester Township or any line officer of a fire company serving West Manchester Township.
TOWNSHIP
The Township of West Manchester.
Except as is hereinafter provided, no person shall conduct open burning within the jurisdictional boundaries of West Manchester Township.
[Added 6-26-2008 by Ord. No. 08-08]
A. 
Any person occupying a single-family detached dwelling may, without obtaining a permit pursuant to the provisions of this chapter, conduct open burning in an outdoor patio stove, grill, chiminea, factory-built novelty stove or other similar device subject to the following regulations:
(1) 
Only seasoned wood, cooking charcoal, natural gas or bottled gas shall be permitted to be used as fuel in any outdoor patio stove, grill, chiminea, factory-built novelty stove or other similar device.
(2) 
An outdoor patio stove, grill, chiminea, factory-built novelty stove or other similar device shall be used and operated only on noncombustible surfaces and shall only be used or operated when located at least 15 feet from any structure.
B. 
No open burning shall continue beyond sundown unless specifically permitted by the West Manchester Township Fire Department, the West Manchester Township Fire Chief, or a Company Fire Chief; provided, however, that open burning conducted without a permit pursuant to this section may continue after sundown and until 10:00 p.m. (prevailing time) on weekday evenings (Sunday through Thursday) and until 12:00 midnight (prevailing time) on weekend evenings (Friday and Saturday). Open burning conducted pursuant to this section shall be prohibited from 12:00 midnight until sunrise.
[Amended 2-24-2011 by Ord. No. 11-01]
Following the issuance of a permit by the Township, a person may conduct open burning within the jurisdictional boundaries of West Manchester Township for the following purposes:
A. 
Any open burning ignited to abate or prevent a fire hazard when the open burning is ignited under the supervision of a public officer.
B. 
Any open burning ignited for the purpose of instructing fire company personnel in fire-fighting techniques.
C. 
Any open burning ignited for the prevention and control of disease or pests.
D. 
Any agricultural burning.
E. 
Any open burning ignited to burn clearing and grubbing wastes.
F. 
Any open burning ignited solely for recreational or ceremonial purposes.
A. 
Before conducting any open burning permitted by § 63-3 of this chapter, a person shall obtain an open burning permit from the Township.
B. 
An application for an open burning permit shall be submitted to the Township on an application form supplied by the Township and shall include the following information:
(1) 
The name and address of the property owner.
(2) 
The telephone number of the property owner.
(3) 
The name and address of the applicant and person in charge of the open burning.
(4) 
The description of the material to be burned.
(5) 
The description of the fire control methods.
(6) 
A location map indicating where open burning will occur, including the distance from property lines and buildings.
(7) 
A description of the surrounding area.
(8) 
Proof of approval granted by DER where required by the Air Pollution Control Act.[1]
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
(9) 
The time and date when open burning will occur.
(10) 
The name of the fire department serving the area.
(11) 
The purpose of the open burning.
(12) 
The signature of the property owner.
(13) 
The signature of the applicant and person in charge of the open burning.
C. 
All applications for open burning permits submitted to the Township by any person shall be accompanied by an application fee. The application fee shall be established by a resolution of the Board of Supervisors of West Manchester Township.
D. 
All applications for open burning permits received by the Township shall be submitted to the Fire Department, the Township Police Department and the Township Zoning Department for review and comments. A copy of the application shall also be submitted to DER Air Quality Division.
E. 
After the Fire Department, the Township Police Department and Township Zoning Department have reviewed the application, the Township shall either grant or deny an open burning permit to the person submitting the application; provided, however, that no open burning permit shall be granted by the Township until an approval letter for each application has been received by the Township from DER.
F. 
An open burning permit granted by the Township shall be valid until the expiration date indicated on the permit, which expiration date shall not exceed one year from the date the permit is issued.
G. 
An application for an open burning permit shall be granted or denied by the Township within 45 days of the receipt of a completed application by the Township. When an application is denied by the Township, the Township shall give the applicant written notice of the denial.
[Amended 6-26-2008 by Ord. No. 08-08]
Any person who shall be granted an open burning permit by the Township, or any person who shall conduct open burning without obtaining a permit pursuant to the provisions of § 63-2.1 of this chapter, shall conduct the open burning in accordance with the following regulations:
A. 
All open burning shall be conducted in a safe and reasonable manner and in a location that does not endanger life or property and does not unreasonably interfere with comfortable enjoyment of life or property.
B. 
No open burning shall continue beyond sundown unless specifically permitted.
C. 
No open burning shall be conducted during fire hazard periods as declared by the Township.
D. 
All open burning shall be extinguished upon the order of a public officer.
[Amended 6-26-2008 by Ord. No. 08-08]
Any permit issued pursuant to this chapter or any open burning permitted by this chapter without obtaining a permit may be revoked, prohibited or suspended by the Township if a person conducts open burning in violation of the conditions of the permit or the provisions of this chapter.
[Amended 11-14-1991 by Ord. No. 91-09; 5-9-1996 by Ord. No. 96-14; 6-26-1997 by Ord. No. 97-15]
Any person who violates any provision of this chapter shall, for each offense, upon conviction thereof in a summary proceeding before a District Justice, be sentenced to pay the costs of prosecution and a fine not exceeding $600, together with costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.