[HISTORY: Adopted by the Borough Council of the Borough of
Summit Hill 12-9-2008 by Ord. No. 6-2008. Amendments noted where
applicable.]
A.
Residences, commercial and industrial establishments situated within
the Borough are entitle to clean air and environmental circumstances
free of unreasonable dust, obnoxious odors, noxious fumes and smells,
as well as an environment free of stored debris and storage of combustible
fuel in adjacent or exposed exterior areas within densely populated
area.
B.
Outdoor fuel-burning appliances may cause emission problems that
cross property lines because the smoke stays close to the ground;
it can easily reach humans working or playing outdoors or penetrate
neighboring buildings. It also causes problems with smoke visibility.
The low-lying smoke can worsen cardiovascular problems such as angina,
irritate eyes and lungs, trigger headaches, and worsen respiratory
diseases such as asthma, emphysema and bronchitis.
C.
All outdoor burning is strictly regulated because of the adverse
effects on the environment and the detrimental impact on the health,
safety, general welfare and cleanliness of the residents of Summit
Hill Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Summit Hill.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired outdoor heating device,
especially that part of such structures extending above a roof.
Wood that has no paint stains or other types of coatings
and wood that has not been treated with substances, including but
not limited to copper arsenate, creosote or pentachlorophenol; also
defined as wood pellets made from clean wood.
A person appointed by the Council to administer and enforce
this chapter.
A device, including any furnace, stove or boiler, designed
and constructed to burn oil, wood, coal or other fuels manufactured
for placement outdoors for the heating of the living area of a structure.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
government entity or agency, or other legal entity recognized by law.
A.
Any person desiring to apply for and install an outdoor fuel-burning
appliance shall obtain a permit from the Code Enforcement Officer.
The application for such a permit shall include:
(1)
A plan showing all property lines, the locations of all dwellings
or occupied buildings on adjoining properties, and the proposed location
of the outdoor fuel-burning appliance. The minimum lot area of the
lot on which the outdoor fuel-burning appliance may be located is
3,500 square feet.
(2)
The location of the outdoor fuel-burning appliance in such a location so as to comply with Chapter 475, Zoning, of the Code of the Borough of Summit Hill for setback and distances between buildings, both principal and necessary in nature.
(3)
Evidence that the applicant has obtained a zoning permit for the
proposed outdoor fuel-burning appliance, if applicable.
(4)
Evidence that the applicant has obtained a Uniform Construction Code
permit for the installation of the outdoor fuel-burning appliance
and its connection to the mechanical system of the structure it will
serve.
(5)
Evidence that the chimney of the outdoor fuel-burning appliance is
no less than manufacturer's specifications in height or five feet
in excess of the height of any occupied structure within 300 feet
not located on the lot on which the outdoor fuel-burning appliance
will be located.
(6)
A copy of the manufacturer's specification and instructions, which
applicant agrees to comply with and will not alter at or anytime.
(7)
Evidence that the outdoor has been laboratory tested and listed to
appropriate safety standards such as UL (Underwriters Laboratories)
or ANSI (American National Standards Institute) standards.
(8)
Evidence that the outdoor fuel-burning appliances are required to
meet emission standards currently required by the Environmental Protection
Agency (EPA). Emission standards currently required by the EPA are
hereby adopted by reference, together with any amendments or modifications
made to them in the future.
(9)
Evidence that the outdoor fuel-burning appliances will be installed,
operated and maintained in strict conformance with the manufacturer's
instructions and the regulations promulgated hereunder. In the event
of a conflict, the regulations promulgated hereunder shall apply unless
the manufacturer's instructions are stricter, in which case the manufacturer's
instructions shall apply.
B.
The application shall be signed by all owners of the lot on which
the outdoor fuel-burning appliance will be located and the contractor
installing the outdoor fuel-burning appliance.
A.
Any new outdoor fuel-burning appliance must have a chimney that shall
extend at least two feet above the peak of any residence not served
by an outdoor fuel-burning appliance located within 300 feet of such
chimney.
B.
No homemade outdoor fuel-burning appliances will be allowed.
C.
Only natural wood, coal, heating oil, natural gas, kerosene or wood
specifically permitted by the manufacturer, in writing, may be burned
in outdoor furnaces. The burning in outside furnaces of processed
wood products and nonwood products, household or other garbage, recyclable
material, rubber tires, railroad ties, leaves, laminated wood, wet
or soggy wood, painted or treated wood and any item not specifically
and in writing permitted by the manufacturer is prohibited.
D.
A permit must be acquired prior to the installation of any outdoor
furnace appliance and an inspection completed prior to the operation
of subject appliance. The permit fee shall be as set by resolution
of the Borough Council, and the inspection will be completed by the
Borough Code Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Ashes or waste cannot be accumulated in a large area on the property.
They may be dispersed on the property as long as no accumulation can
be seen (for example, spread in a driveway). Any large accumulation
of ashes or waste must be disposed of weekly with your trash.
F.
All outdoor fuel-burning appliances may only be utilized for the
sole purpose of furnishing heat to a residence and hot water during
the period of October 1 through April 30, and only if the outdoor
fuel-burning appliance meets the requirements of this chapter.
G.
If an outdoor fuel-burning appliance is more than 50% torn down,
physically deteriorated or decayed, the appliance must be removed
and/or replaced with a new unit.
H.
All storage of materials being burnt in the outdoor fuel-burning
appliance shall be neatly stacked and/or stored under cover and free
from insects (termites, ants, etc.) or any type of disease-carrying
rodents.
A.
All outdoor fuel-burning appliances in existence at the effective
date of this chapter shall have or must erect a safe flue or chimney
which shall extend at least two feet above the peak of any residences
not served by an outdoor fuel-burning appliance located within 300
feet of such chimney.
B.
If there is an existing outdoor fuel-burning appliance already installed
and there is new construction of a residence not served by an outdoor
fuel-burning appliance within 300 feet of such existing outdoor fuel-burning
appliance, then the owner of such appliance shall conform to the stack
height requirements of this regulation within 30 days of the date
this construction is complete and upon written notice from the Borough
through its Code Enforcement Officer.
C.
Only natural wood, coal, heating oil, natural gas, kerosene or wood
specifically permitted by the manufacturer, in writing, may be burned
in outdoor furnaces. The burning in outside furnaces of processed
wood products and nonwood products, household or other garbage, recyclable
material, rubber tires, railroad ties, leaves, laminated wood, wet
or soggy wood, painted or treated wood and any item not specifically
and in writing permitted by the manufacturer is prohibited.
D.
All outdoor fuel-burning appliances may only be utilized for the
sole purpose of furnishing heat to a residence and hot water during
the period of November 1 through March 31, and only if the outdoor
fuel-burning appliances meets the requirements of this chapter.
E.
If an outdoor fuel-burning appliance is more than 50% torn down, physically deteriorated or decayed, the appliance must be removed and/or replaced with a new unit and the new unit must comply with all of the regulations listed in § 303-3 of this chapter.
F.
Ashes or waste cannot be accumulated in a large area on the property.
They may be dispersed on the property as long as no accumulation can
be seen (for example, spread in a driveway). Any large accumulation
of ashes or waste must be disposed of weekly with your trash.
G.
All storage of materials being burnt in the outdoor fuel-burning
appliance shall be neatly stacked and/or stored under cover and free
from insects (termites, ants, etc.) or any type of disease-carrying
rodents.
A.
If an outdoor fuel-burning appliance is, through the course of proper
investigation by local authorities, creating a verifiable nuisance,
as defined by local or state law, the following steps may be taken
by the owner and/or the Borough:
B.
Appeals from any actions, decisions, or rulings of the Code Enforcement
Officer from the strict application of the specific requirements of
this chapter may be made to the Borough Council. Requests for all
appeals shall be made in writing to the Borough Council not later
than 10 days of the act, decision, or ruling from which relief is
sought. Issues/appeals related to the Zoning Officer's decision must
be applied to the Summit Hill Zoning Hearing Board.
(1)
Appeal fees. Appeal fees may be established by the Borough Council
by resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Public hearing. Within 60 days after receiving the written request,
the Borough Council shall hold a public hearing on the appeal, with
the prior notice published in a newspaper of general circulation in
the Borough at lest seven days before the hearing and specifying the
date, place, time and purpose of the hearing.
(3)
Decision of the Borough Council. Within 60 days of the final adjournment
of a public hearing, the Borough Council shall affirm, modify or deny
the action, decision or ruling of the Code Enforcement Officer, or
approve with conditions or disapprove the application. The decision
of the Borough Council shall be in writing. As part of the decision,
the Borough Council shall direct the Officer to issue any appropriate
permit in conformity with its ruling and shall state a time by which
such permit shall be issued, in conformity with this chapter.
C.
Criteria for variances. In making this determination, the Borough
Council shall take into consideration the benefit to the applicant
if the variance is granted, as weighted against the detriment of the
neighborhood or community by such grant. In making such determination,
the Board shall also consider:
(1)
Whether an undesirable change will be produced in the character of
the neighborhood or a detriment to nearby properties will be created
by the granting of the variance;
(2)
Whether the benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than a variance;
(3)
Whether the requested variance is substantial;
(4)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Borough Council, but shall
not necessarily preclude the granting of the variance.
It shall be the duty of the Borough Code Enforcement Officer
to enforce the terms of this chapter and secure compliance with requirements
thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Carbon County.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair the remaining provisions, sentences, clauses, sections or parts
of the chapter. It is hereby declared as the intent of the Borough
of Summit Hill that this chapter would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.
This chapter shall take effect five days from the date of enactment.
