[Ord. 682, 11/13/2008, § I]
This Part 5 shall be known as the "Warminster Township Outdoor
Wood-Burning Boiler Ordinance."
[Ord. 682, 11/13/2008, § II]
As used in this Part 5, 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 Part 5, the term "outdoor wood-burning boiler"
is synonymous with the term "outdoor wood-burning furnace."
Wood that has been cut for at least one year.
All wood intended to be used as fuel, including but not limited
to trees, cordwood, logs, lumber, sawdust, and 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.
[Ord. 682, 11/13/2008, § III]
No person shall cause, allow or maintain the use of an outdoor
wood-burning boiler within Warminster Township on any lot consisting
of less than three acres.
[Ord. 682, 11/13/2008, § IV]
No person shall cause, allow or maintain the use of an outdoor
wood-burning boiler within Warminster Township on any lot consisting
of three or more acres without having first obtained a permit from
the Township Department of Licenses and Inspections with the approval
of the Township Fire Marshal.
A.Â
Permit procedure.
(1)Â
Every applicant for an OWB permit shall file an application with
the Department of Licenses and Inspections on a form approved by the
Board of Supervisors.
(2)Â
Such application shall be accompanied by a fee in an amount fixed
by resolution of the Board of Supervisors, which fee may be adjusted
from time to time by further resolution of the Board.
(3)Â
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 Part 5, 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)Â
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 Part
5 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)Â
The OWB application shall provide the following information:
(a)Â
A description of the applicant's property, by lot, block,
tract, or street address, or similar description to identify the property.
(b)Â
The name and address of the applicant and, if the applicant
is not the property owner, the name and address of the owner.
(c)Â
The proposed location of the OWB on the subject property.
(d)Â
The plan specified in Subsection A(3) hereof.
(6)Â
The Department of Licenses and Inspections 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 and return the
application to the Department of Licenses and Inspections, whereupon
the Department shall either issue the OWB permit to the applicant
or notify the applicant in writing that the application has been denied.
(7)Â
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)Â
Permits issued in accordance with this Part 5, and any renewal of
permits issued hereunder, must be signed by the Director of the Department
of Licenses and Inspections 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)Â
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 Part
5 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 Supervisors,
which fee may be adjusted from time to time by further resolution
of the Board.
(10)Â
Any appeal from a determination by the Department of Licenses
and Inspections 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.
[Ord. 682, 11/13/2008, § V]
Every OWB installed within Warminster Township shall meet the
following requirements:
A.Â
No OWB shall be installed within 100 feet of the building for which
the OWB is supplying heat.
B.Â
No OWB shall be installed less than 400 feet from the nearest residence
not being served by the OWB.
(1)Â
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 this Part 5.
(2)Â
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.Â
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.Â
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.Â
No OWB may be operated between June 1 and August 31 of any calendar
year.
F.Â
Only seasoned, untreated wood fuel shall be burned in any OWB authorized
pursuant to this Part 5.
G.Â
Any OWB installed and in use prior to the effective date of this
Part 5 shall be subject to the regulations set forth herein. The owner
of any such OWB shall apply for a permit within 30 days of the effective
date of this Part 5 and shall bring the existing OWB into compliance
with the regulations set forth herein prior to issuance of a permit
for such use. In the event that the application for such use is denied,
the owner of the OWB shall cease use of the unit immediately upon
notice of such denial and shall dismantle the unit within 10 days
of such notice.
[Ord. 682, 11/13/2008, § VI]
1.Â
Any person who shall install and/or use an OWB in violation of this Part 5 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.
2.Â
The Department of Licenses and Inspections of Warminster Township
is duly empowered to enforce the terms, conditions and provisions
of this Part 5.
