[HISTORY: Adopted by the Borough Council
of the Borough of Lehighton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-10-1992 by Ord. No. 424]
This article is enacted in the interest of the
health, safety and welfare of the residents of the Borough of Lehighton
for the prevention of fires and to eliminate nuisances caused by smoke,
cinders and ashes.
No person or persons shall set or maintain any
fire upon any of the streets, public alleys, sidewalks or public grounds
in the Borough of Lehighton, except that nothing herein shall prohibit
the use of fireplaces and other cooking facilities placed in any public
park by the borough for the purposes for which such facilities are
intended.
Outdoor fires shall be permitted upon private
property within the borough, provided that the following regulations
and restrictions are strictly adhered to:
A.
Every such outdoor fire shall be built in and confined
to a noncombustible container covered with a screen of one-half-inch,
or smaller, mesh or with other noncombustible covering.
B.
No such fire shall be closer than 15 feet to any building
or structure or 10 feet to any property line.
C.
No fires shall be kindled or maintained on Sunday
or legal holidays, but shall be permitted on Monday, Tuesday, Wednesday,
Thursday, Friday or Saturday of each week between the hours of 7:00
a.m. and 7:00 p.m. All fires must be tended at all times until the
fire is out.
D.
The burning of garbage, vegetable waste, rubber, plastics,
furniture, glass, metals, crocking, car products or any other materials
which will create nauseous or noxious fumes, smoke, toxic chemicals
or excessive fly ash is specifically prohibited.
E.
No "leaf waste," as that phrase is defined by the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq., and as defined by § 118-23 of the Lehighton Borough Code, may be burned anywhere within the Borough. Any "leaf waste", as that phrase is defined by the Municipal Waste Planning, Recycling and Waste Reduction Act, supra, and by § 118-23 of the Lehighton Borough Code, shall be disposed of in strict accordance with the provisions of the Lehighton Borough Recycling Ordinance, Ordinance No. 408-1991, as codified in Article IV of Chapter 118 of the Lehighton Borough Code.
[Amended 11-19-2001 by Ord. No. 511]
F.
No newspaper or other material which is required to be recycled by the Lehighton Borough Recycling Ordinance, Ordinance No. 408-1991, as codified in Article V of Chapter 118 of the Lehighton Borough Code, may be burned anywhere within the Borough.
[Amended 11-19-2001 by Ord. No. 511]
G.
Charcoal or gas grills or wood fires kindled for the
purpose of outside barbecues shall be permitted.
H.
Fireplaces within a private residence are permitted
for the purpose of providing heat or for use as a barbecue, but in
no event shall garbage, rubbish or trash be burned in a fireplace.
J.
All controlled burns must be reported to the Carbon
County Telecommunications Center prior thereto.
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof before any District
Magistrate, be subject to a fine of not Tess than $10 nor more than
$300 and costs of prosecution and, in default of payment of such fine
and costs, to imprisonment in the county jail for not more than 30
days.
[Adopted 3-28-2011 by Ord. No. 594-2011[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
II, Wood-Fired Boilers, adopted 4-27-2009 by Ord. No. 570-2009.
This article shall be known and may be cited as the "Borough
of Lehighton Outdoor Wood-Fired Boiler Ordinance."
The Borough Council of the Borough of Lehighton, under and by
virtue of and pursuant to the authority granted by § 1202(16)
of the Commonwealth of Pennsylvania Borough Code (Act of 1965, No.
581 as amended)[1] do hereby enact and ordain this article.
[1]
Editor's Note: The reference is to 53 P.S. 46202(16),
which has been renumbered by Act 43 of 2012, effective July 16, 2012;
see now 53 P.S. 46202(11).
This article applies to the installation and use of all outdoor
wood-fired boilers within the Borough of Lehighton.
A.
This article does not apply to grilling or cooking using charcoal,
wood, propane, or natural gas in cooking and grilling appliances.
B.
This article does not apply to burning in a stove, furnace, fireplace,
or other heating device within a building used for human or animal
habitation.
C.
This article does not apply to the use of propane, acetylene, natural
gas, gasoline, or kerosene in a device intended for heating, construction,
or maintenance activities.
Whereas the Borough Council of the Borough of Lehighton has
determined that air pollution from outdoor wood-fired boilers may
be detrimental to the health, comfort, living conditions, welfare,
and safety of the citizens of the Borough of Lehighton, it is hereby
declared to be the policy of the Borough of Lehighton to safeguard
the citizens of the Borough of Lehighton from such air pollution.
The following words, terms, and phrases, when used in this article,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a furnace, especially the part of a structure
extending above a roof.
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 Borough Council of the Borough of Lehighton, Carbon County,
Pennsylvania.
A city, incorporated town, township, borough, county, municipal
authority, or other public body created under commonwealth law having
jurisdiction over the disposal of sewage, industrial wastes, or other
wastes.
A fuel-burning device that:
Is designated to burn, or is capable of burning, clean wood or other fuels listed under § 69-10A (relating to outdoor wood-fired boilers).
Has a rated thermal output of less than 350,000 Btu per hour.
The manufacture designs or specifies for outdoor installation
or installation in structures not normally intended for habitation
by humans or domestic animals, including structures like garages and
sheds.
Heats building space or fluid, or both, through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and antifreeze.
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 of 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 Btu output or lower and it's labeled accordingly.
Person designated by the Borough Council to be responsible
for the administration and enforcement of this article. Unless another
person is designated by the Borough Council by resolution, the Code
Enforcement Officer shall be the responsible official.
Leaves, grass clippings, garden residue, tree trimmings,
clipped shrubbery, and other vegetative material.
After the effective date of this article an outdoor wood-fired
boiler may be installed or used in the Borough of Lehighton only in
accordance with the following provisions:
A.
A person that owns, leases, uses, or operates an outdoor wood-fired
boiler in the Borough shall use only one or more of the following
fuels:
B.
The outdoor wood-fired boiler shall not be used to burn any fuels other then those identified in § 69-10A above. Specifically, and without limitation, the outdoor wood-fired boiler shall not be used to burn any of the following prohibited materials.
(1)
Any material that does not meet the definition of clean wood.
(2)
Furniture.
(3)
Garbage.
(4)
Tires.
(5)
Lawn clippings or yard waste.
(6)
Material containing plastic.
(7)
Material containing rubber.
(8)
Waste petroleum products.
(9)
Paints and paint thinners.
(10)
Chemicals.
(11)
Any hazardous waste.
(12)
Coal.
(13)
Glossy colored paper.
(14)
Construction and demolition debris.
(15)
Plywood.
(16)
Particleboard.
(17)
Saltwater driftwood.
(18)
Manure.
(19)
Animal carcasses.
(20)
Asphalt products.
C.
Setback requirements.
(1)
A Non-phase 2 outdoor wood-fired boiler must be installed at least
100 feet from the nearest building that is not located on the same
property as the outdoor wood-fired boiler. Further, the Non-phase
2 outdoor wood-fired boiler shall be located at least 150 feet from
the nearest property line.
(2)
A Phase 2 outdoor wood-fired boiler shall be located 100 feet from
the nearest building that is not located on the same property as the
outdoor wood-fired boiler. The Phase 2 outdoor wood-fired boiler shall
be located at least 50 feet from the nearest property line.
D.
The outdoor wood-fired boiler shall have a permanent chimney that
extends at least 15 feet. If there are any residences within 500 feet
of the wood-fired outdoor boiler, the chimney shall also extend at
least five feet above the ridgeline of the roofs of all such residences.
E.
The owner or operator of the outdoor wood-fired boiler shall obtain
a permit for installation and operation of an outdoor wood-fired boiler
from the Lehighton Borough responsible official.
(1)
Each owner of an outdoor wood-fired boiler must obtain a permit for
installation and operation prior to installation of the device.
(2)
The cost of said permit shall be $50. This permit fee may be amended
from time to time by resolution by the Borough Council.
(3)
The penalty for not obtaining the required permit shall be $500.
(4)
Any violation of the conditions of the permit to install and operate
an outdoor wood-fired boiler shall constitute a violation of this
article.
F.
The outdoor wood-fired boiler (Non-phase 2) shall have an orange
hang-tag that signifies that it meets the EPA's standards for
Phase I air emission levels of 0.60 pounds of fine particulates per
million Btu heat input, and qualifies for the EPA's voluntary
program.
A.
The responsible official of the Borough of Lehighton shall have the
power and duty to enforce the provisions of this article.
B.
The Borough of Lehighton may issue such orders as are necessary to
aid in the enforcement of the provisions of this article. These orders
shall include, but 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 article; orders to take corrective action
or to abate a public nuisance; or orders requiring production of information.
C.
The Borough of Lehighton may, in its order, require compliance with
this article.
Whenever the responsible official finds that illegal operation of an outdoor wood-fired boiler is occurring within the Borough of Lehighton, in contravention to the requirements of § 69-10 above, the responsible official may order the owner or operator to take corrective action in a manner satisfactory to the Borough of Lehighton, or the responsible official may order the owner or operator to allow access to the land by the responsible official or a third party to take such action.
A.
Any person directly affected by a decision of the Borough Code Enforcement
Officer, Borough employee or designee who makes a determination pursuant
to the terms of this article, shall have the right to appeal to the
Borough Council, provided that a written application for appeal is
filed within 20 days after the day the decision is made, notice or
order was served. An application for appeal shall be based on a claim
that the true intent of this article or the rules legally adopted
hereunder have been incorrectly interpreted, the provisions of this
article do not fully apply, or the requirements of this article are
adequately satisfied by other means. The Borough Council will be permitted
to grant a modification or variance from the terms of this article,
provided that the person filing the appeal can prove that the true
intent of this article will be followed by granting the modification
or variance. Any person filing an appeal must pay an appeal fee to
the Borough Council as set by the Borough Council. If no fee is set
by resolution, the fee shall be the same as the fee for applying to
the Zoning Hearing Board of the Borough for a variance.
B.
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.
Any person, firm or corporation who shall violate any provision
of this article shall upon conviction thereof be sentenced to pay
a fine of not less than $500 nor more than $1,000, plus cost of prosecution.
Cost of prosecution shall include, but not be limited to, oversite,
moderating, sampling, testing and investigation related to any corrective
action as well as attorney fees and court costs.
A violation of this article or of any order issued by the Borough of Lehighton under this article shall constitute a public nuisance. The Borough of Lehighton 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 Borough of Lehighton may recover the expenses for abatement following the process for assessment and collection of a civil penalty contained in § 69-14. Whenever the nuisance is maintained or continued contrary to this article or any order issued pursuant to this article, the nuisance may be abatable in the manner provided in this article. Any person who causes the public nuisance shall be liable for the cost of abatement.
