[HISTORY: Adopted by the Board of Commissioners of the Township
of North Huntingdon 2-21-2001 by Ord. No. 1029. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated unless a different meaning clearly appears from
the context:
The Board of Commissioners of the Township.
All materials incidental to construction or remodeling of
buildings, including, but not limited to, shingles, asbestos, Styrofoam,
wire, insulation, and treated wood, but not including untreated wood.
No larger than 55 gallons and with a minimum height of three
feet. The top of the container or barrel should be covered with a
grate to prevent particles from flying out of the container or barrel.
The destruction of a dwelling or building on site.
Any enclosed device specifically designed for burning any
material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge, or any other combustible material.
The improvement of one or more lots, tracts or parcels of
ground for any of the following:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features;
A subdivision of land.
A fire in which any material is burned in the open, but not
including burning in a furnace or incinerator.
Any individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
A fire in which any material is burned in a container or
barrel, but not including a furnace or incinerator.
The burning of clean firewood where the fuel area is no greater
than four feet in diameter and two feet or less in height. Such fires
may be for pleasure or religious, ceremonial, cooking or similar purposes.
[Added 12-21-2011 by Ord. No. 2169]
Any items designated by the Township of North Huntingdon
which are to be recycled.
Garbage, rubbish and trade waste.
Solids not considered to be highly inflammable or explosive,
including, but not limited to, rags, old clothes, leather, rubber,
carpets, wood, excelsior, paper, ashes, large tree branches, yard
trimmings including grass, furniture, crockery and masonry, and with
the specific understanding that all recyclable items are as mandated
under the recycling resolution(s) of the Township.
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material, including, but
not limited to, metals, chemicals, shipping containers or drums.
All solid or liquid material or rubbish resulting from construction,
building operations, or the prosecution of any business, trade or
industry, including, but not limited to, plastic products, cartons,
paint, grease, oil and other petroleum products, chemicals, cinders
and other forms of solid or liquid waste materials; provided that
"trade waste" shall not include any coal refuse associated with the
mining or preparation of coal.
A.
All outdoor burning and fires are expressly prohibited except as
may be authorized under the terms hereof.
B.
Any burning permitted by the terms of this chapter shall only be
those items or material owned by the property owner and generated
on the property by said property owner or resident. No person shall
burn any items or material on behalf of any other individual for either
a fee or gratuitously, nor shall any person bring upon the property
of another any materials or items allowed to be burned pursuant to
the terms of this chapter, for the purpose of burning said items on
another person's property, or on a property other than the property
upon which the items were generated.
C.
A permit issued by the Police Department of the Township of North
Huntingdon shall be required for all outdoor burning and fires for
all categories of this section except as set forth in this chapter.
D.
The Board of Commissioners of the Township of North Huntingdon shall,
from time to time, by resolution, adopt and authorize a permit form
and schedule of fees to be imposed for the issuance of permits hereunder.
E.
No person or persons shall set or maintain any outdoor burning or
fires upon the paved portion of any street, alley or public ground
in the Township of North Huntingdon.
F.
No person or persons shall knowingly maintain a fire hazard on any
property within the Township of North Huntingdon.
G.
No person or persons shall deliberately, knowingly, carelessly or
negligently set fire to or cause the burning of any material in such
manner to endanger the safety of any person or property.
In all residentially zoned areas with reference to and only
with reference to single-family and double-family (duplex) buildings,
the following regulations shall apply:
A.
All outdoor burning or fires in areas of residential dwellings shall
be limited to the burning of paper products, newspaper and yard waste,
excluding leaves, as defined herein, during the hours of 9:00 a.m.
until 5:00 p.m., prevailing time, on Wednesdays, Thursday, Fridays,
and Saturdays, as tolerated. All outdoor fires, whether open or contained,
shall be attended and have an adequate water supply or equal extinguishing
agent throughout the duration of the burning.
B.
Outdoor burning or fires confined to an approved container or burning
barrel will not require a permit, but shall comply with all pertinent
provisions of this chapter.
C.
No person or persons shall set or maintain any outdoor burning or fires within 75 feet of any structure and the size of the burning or fire, except as provided for in Subsection B above, shall not exceed an area consisting of 10 feet by 10 feet. Open burning requires a permit issued by the Police Department and may be conducted Wednesdays, Thursdays, Fridays, and Saturdays from 9:00 a.m. to 5:00 p.m., prevailing time, as tolerated. The permit issued is a one-time permit only for the day(s) requested, and a new permit must be obtained for each and every open burning.
[Amended 4-19-2017 by Ord. No. 2226]
D.
No person or persons shall burn or cause to be burned any garbage,
rubber, tires, paint, animal waste, plastics, diapers, toxic materials,
building materials, demolition materials or any other matter consisting
of rubbish, trade waste, refuse, garbage or recyclables (currently
per Resolution No. 120 of 1991, which recycles clear glass, colored
glass, aluminum, steel and bimetallic cans) as defined by this chapter.[1]
E.
Recreational fires are permitted.
[Amended 12-21-2011 by Ord. No. 2169]
(1)
Recreational fires are categorized in one of the two following ways:
(a)
Portable fire pit. A portable fire pit is a portable device
intended to contain and control outdoor fires. Such devices are sold
as a unit by various manufacturers which contain a fire box, usually
a screen and/or a cooking grill. Portable fire pits shall be located
a minimum of 10 feet from a building.
(b)
Freestanding fire pit. A freestanding fire pit is a fire ring
or other type of structure which is constructed on the property and
not readily moved. A freestanding fire pit shall be surrounded on
the outside by noncombustible material such as steel, brick or masonry.
Freestanding fireplaces are considered a freestanding fire pit. Freestanding
fire pits shall be located a minimum of 15 feet from a building.
F.
Bonfires for amusement purposes shall be permitted with the condition
that all of the regulations of this section of this chapter are complied
with and a permit is issued by the Police Department. With respect
to any fire regulated by this subsection, the fire shall be extinguished
by 1:00 a.m. and shall not be started until 9:00 a.m.
G.
All fires, except as provided for herein, shall be totally extinguished as provided for in Subsection A above so as to assure there is no smoke or smoldering of said fires.
H.
The police or local Fire Chief may order the extinguishment of any
fire considered offensive or hazardous.
I.
Outdoor cooking devices such as manufactured hibachis, charcoal grills,
wood smokers and propane or natural gas devices are not regulated
or governed by this chapter.
[Added 12-21-2011 by Ord. No. 2169]
Other than in single- and double-family (duplex) residential areas as provided for in §§ 215-2 and 215-3 of the Code of the Township of North Huntingdon, all outdoor burning or fires whether contained or not, is/are prohibited in the following areas: residential, commercial, neighborhood/business, industrial and planned economic development areas. Any person or entity who shall violate this section shall, upon conviction, be subject to the penalties set forth by § 215-7 of the Code of the Township of North Huntingdon.
A.
With reference to land development only, the same shall be governed
by the applicable Department of Environmental Protection rules and
regulations pertaining to burning, whether said burning is contained
or not contained. The aforesaid burning shall be controlled strictly
through the appropriate rules and regulations of the Department of
Environmental Protection in effect at the time (currently contained
at 25 Pa. Code § 129.14, entitled "Opening burning operations."
In addition to the above-stated regulations of the Department of Environmental
Protection that shall be adhered to, the following regulations shall
also apply to land developments.
B.
With respect to work sites that are not defined as "land developments,"
the following regulations shall be adhered to:
(1)
Open burning as defined in § 215-3C of this chapter shall be permitted in accordance with all of the regulations pertaining to same as specified in this chapter. However, such open burning shall only be permitted to clear all or part of a building lot. No other open burning shall be permitted.
(2)
Burning shall be permitted in an approved container in accordance
with all of the regulations pertaining to same as specified in this
chapter.
B.
Upon obtaining a permit at no cost issued by the Police Department
of the Township of North Huntingdon, and which said permit shall be
countersigned by the Fire Code Official, any volunteer fire department
may burn a structure for the purpose of practice, provided that said
burning activity is a controlled burning activity and supervised by
the volunteer fire department so permitted.
Any person, firm or corporation who violates the provisions
of this chapter shall, upon conviction, be sentenced to pay a fine
of not less than $100 nor more than $1,000, plus the costs of prosecution,
and, in default of the payment of the fine and costs of prosecution,
shall be imprisoned for a period not exceeding 30 days.
