[HISTORY: Adopted by the Borough Council of the Borough of
Dalton 12-11-2008 by Ord. No. 4-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 162.
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
Wood that does not have 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, and
wood pellets made from clean wood.
The Zoning Officer or other person appointed by the Borough
of Dalton to administer and enforce this chapter, whose duties shall
include responding to resident questions and complaints and performing
other tasks as Borough Council may assign.
An outdoor wood-fired burner/furnace that was purchased and
installed prior to the effective date of this chapter.
A fuel-burning device:
Designed to burn wood or other manufacturer-approved fuel products
(i.e., corn and coal);
That the manufacturer specifies for outdoor installation or
installation in structures not normally occupied by humans (e.g.,
garages); and
That heats building space and/or water via the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a water/antifreeze mixture.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Any vertical structure enclosing a flue or flues that carries
off smoke or exhaust from a solid-fuel-fired heating device or structure,
including that part of the structure extending above a roof.
Any person desiring to install an outdoor wood-fired burner/furnace
within the Borough of Dalton shall obtain a permit from the Zoning
Officer and shall pay a permit fee as set by the Borough Council by
resolution.
Commencing upon the effective day of this chapter, prior to
[date] of each calendar year the owner of the lot upon which an outdoor
wood-fired burner/furnace is located shall apply for an operating
permit which shall be valid for the period from [date] through [date]
of the following calendar year. The owner shall pay all fees imposed
by the Borough of Dalton for the application for such operating permit
and the inspection of the outdoor wood-fired burner/furnace to determine
compliance with this chapter.
A.
A permit issued pursuant to this chapter may be suspended as the
Zoning Officer or other person appointed by the governing body to
administer and enforce this chapter may determine to be necessary
to protect the public health, safety and welfare of the residents
of the Borough of Dalton if any of the following conditions occur:
(1)
Malodorous air contaminants from the outdoor wood-fired burner/furnace
are detectable outside the property of the person on whose land the
outdoor wood-fired burner/furnace is located;
(2)
The emission from the outdoor wood-fired burner/furnace interferes
with the reasonable enjoyment of life on neighboring property.
(3)
The emissions from the outdoor wood-fired burner/furnace cause damage
to vegetation on neighboring property.
(4)
The emissions from the outdoor wood-fired burner/furnace are or may
be harmful to human or animal health.
B.
A suspended permit may be reinstated once the condition which resulted
in suspension is remedied and reasonable assurances are given that
such condition will not recur. Recurrence of a condition which has
previously resulted in suspension of a permit shall be considered
a violation of this chapter subject to the penalties provided within
this chapter.
Any outdoor wood-fired burners/furnaces in existence on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit from the Zoning Officer within one year of the effective date of this chapter. If the owner of an existing outdoor wood-fired burner/furnace does not receive a permit within one year of the effective date of this chapter, the outdoor wood-fired burner/furnace shall be removed and is subject to the regulations provided for in § 202-5 of this chapter.
Requirements:
A.
Present a plan showing all property lines, the locations and distances
of all dwellings or occupied buildings on adjoining properties, and
the proposed location of the outdoor wood-fired burner/furnace.
B.
Locate the outdoor wood-fired burner/furnace at least 250 feet from
any occupied structure not located on the lot on which the outdoor
wood-fired burner/furnace will be located.
C.
Locate the outdoor wood-fired burner/furnace at least 150 feet from
all property lines.
D.
The outdoor wood-fired burner/furnace shall have a stack or chimney
that extends to a minimum height of the residential structure roof
peak of which the outdoor wood-fired burner/furnace is servicing plus
two feet. If there are any residential structures within 250 feet,
the stack or chimney shall extend at least as high above the ground
surface as the height of the roof peaks of all such residences plus
two feet. The maximum height of the outdoor wood-fired burner/furnace
stack or chimney shall not exceed 50 feet and shall not exceed the
maximum height requirement in that specific zoning district. Should
a new residential structure be built or an existing residential structure
be modified within the two-hundred-and-fifty-foot radius, the outdoor
wood-fired burner/furnace stack or chimney height shall be raised
to match the height of the new or modified structure, up to the maximum
height indicated above.
E.
Present evidence that the applicant has obtained a Uniform Construction
Code permit for the installation of the outdoor wood-fired burner/furnace
and its connection to the mechanical system of the structure it will
serve.
F.
Provide a copy of the manufacturer's specifications and instructions,
which the applicant agrees to comply with and not alter at any time.
G.
Demonstrate that the outdoor wood-fired burner/furnace has been laboratory
tested and listed to comply with appropriate safety standards such
as UL (Underwriters' Laboratories) or ANSI (American National Standards
Institute) standards.
H.
All outdoor wood-fired burners/furnaces shall be equipped with properly
functioning spark arrestors.
I.
The application shall be signed by all owners of the lot on which
the outdoor wood-fired burner/furnace will be located and by the contractor
installing the outdoor wood-fired burner/furnace.
If an outdoor wood-fired burner/furnace is replaced or upgraded, a permit shall be required pursuant to § 202-2 of this chapter and shall comply with all sections of this chapter.
A.
The only substance that may be burned in an outdoor wood-fired burner/furnace is clean wood (see definition, § 202-1 of this chapter).
B.
No person shall burn any of the following in an outdoor wood-fired
burner/furnace:
(1)
Any wood that does not meet the definition of clean wood.
(2)
Tires.
(3)
Lawn clippings or yard waste.
(4)
Rubbish or garbage, including but not limited to food wastes, food
packaging or food wraps.
(5)
Materials containing plastic.
(6)
Materials containing rubber.
(7)
Waste petroleum products.
(8)
Paint and paint thinners.
(9)
Any type of paper/cardboard.
(10)
Construction and demolition debris (such as shingles).
(11)
Plywood or other composite wood products.
(12)
Particleboard.
(13)
Manure.
(14)
Animal carcasses.
(15)
Asphalt products.
(16)
Used cooking oils.
C.
The outdoor wood-fired burner/furnace shall at all times be operated
and maintained in accordance with the manufacturer's specifications.
D.
The outdoor wood-fired burner/furnace shall be maintained and operated
in compliance with all emissions and air quality standards promulgated
by the United States Environmental Protection Agency, the Pennsylvania
Department of Environmental Protection or other relevant state or
federal agency.
E.
Any ash or other by-products from the operation of the outdoor wood-fired
burner/furnace shall be disposed of in accordance with all applicable
laws.
Outdoor wood-fired burners/furnaces may be operated all year
long.
A.
Enforcement officer. The Borough of Dalton shall appoint an individual,
agency or firm to serve as the enforcement officer who shall be responsible
for enforcing the terms of this chapter.
B.
Duties of enforcement officer.
(1)
Inspection. The Zoning Officer and any other individual representing the Borough of Dalton whose presence is necessary to complete the inspection may inspect any premises, building or structure in accordance with § 202-9C of this chapter to determine whether or not a violation of this chapter exists.
(2)
Action. Whenever an inspection disclosed a violation of this chapter, the Zoning Officer shall prepare a report detailing the violation and a recommendation regarding how the violation can be corrected. The Zoning Officer, upon authorization by the Council of the Borough of Dalton, shall issue a written notice to the owner and/or the occupant of the premises as set forth in § 202-9D, along with a copy of the report.
C.
Inspections; permission. The Zoning Officer and any other agent so
authorized by the Borough of Dalton may inspect any premises to determine
whether any violations of this chapter exist. Prior to entering upon
any property to conduct an inspection, the Zoning Officer shall obtain
the permission of the owner or occupant of the property to conduct
the inspection. If after due diligence the Zoning Officer is unable
to obtain such permission, the Zoning Officer shall have the authority
to conduct the necessary inspection in accordance with this chapter
and the applicable laws of the commonwealth and, if necessary, petition
a competent court with jurisdiction for a court order authorizing
the inspection. If a court orders the inspection, the defendant named
in the order shall reimburse the Borough of Dalton for the costs of
filing the petition and reasonable attorneys' fees.
D.
Notice of violation. Whenever an inspection discloses that a violation
of the chapter exists, the Zoning Officer shall, upon authorization
by the Borough of Dalton, issue a notice of violation to the owner
and/or occupant of the premises. The notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons why the notice is being issued.
(3)
Contain a copy of the Zoning Officer's inspection report detailing
the conditions constituting the violation, contain an outline of the
remedial action required to come into compliance with the chapter
and state a reasonable time to rectify the violation.
(4)
Inform the owner of the right to request a hearing before the Borough of Dalton as set forth in § 202-9F.
(5)
Inform the owner/occupant that, should there be a failure to comply with the notice or request a hearing, the individual(s) will be subject to the penalties set forth in § 202-9G of the chapter, and the costs and expenses, including attorney's fees, of enforcing the terms of the chapter.
(6)
Except in emergency cases, the notice shall be sent by registered
mail or by certificate of mailing or personally delivered to the owner
and/or occupant of the premises upon which the violation exists. Where
the owner is absent from the Borough of Dalton, all notices shall
be deemed to be properly served if a copy of the notice is served
upon the owner personally, a copy of the notice is sent by registered
mail or by certificate of mailing to the last known address of the
owner, regardless of proof of receipt, and is posted in a conspicuous
place on or about the premises affected by the notice or the owner
is served with such notice by any other method authorized under the
laws of the Commonwealth of Pennsylvania.
E.
Emergency cases. Whenever the Zoning Officer finds that an emergency
exists which requires immediate action to protect the public health,
safety and welfare, he/she may, without notice or hearing, issue an
order reciting the existence of such an emergency and requiring that
such action be taken as is necessary to correct the violation and
eliminate the emergency. Notwithstanding the other provisions of this
chapter, such order shall be effective immediately.
F.
Hearings.
(1)
Right to hearing. Any person affected by any notice which has been
issued in accordance with the enforcement of any provision of this
chapter may request and shall be granted a hearing on the matter before
the Council of the Borough of Dalton, provided that such person files
a written request for the hearing within 10 days after service of
the notice. The request shall contain a brief statement regarding
the reasons for the request.
(2)
Scheduling and conduct of the hearing. Upon receipt of a request
for a hearing, a time and place for the hearing shall be scheduled
and advertised in accordance with applicable municipal requirements.
All hearings shall be conducted in accordance with the Local Agency
Act. The hearing shall be scheduled no later than 60 days after the
day on which the request was received. At the hearing, the person
requesting the hearing shall be given the opportunity to be heard
and show cause why the violation described in the notice should not
be abated.
(3)
The Council of the Borough of Dalton action. After such hearing the
Council of the Borough of Dalton shall issue a written decision sustaining
the notice, modifying the notice and attaching conditions or withdrawing
the notice. If the Council of the Borough of Dalton sustains the notice,
it shall be deemed to be a final order effective immediately.
(4)
Right to appeal. Any aggrieved party may appeal the final order to
the Court of Common Pleas of Lackawanna County in accordance with
the provisions of the Local Agency Act. Such appeal shall not constitute
a stay from the requirements of the final order unless an order to
that effect is obtained from the court.
(5)
Fees. The person requesting the hearing shall pay the fee for such
hearing as may be established by resolution of the Council of the
Borough of Dalton.
G.
Remedies and penalties.
(1)
Any person who has violated or permitted the violation of any provisions
of this chapter shall, upon judgment thereof by any Magisterial District
Judge, be sentenced to pay a fine of not less than $100 nor more than
$2,500 for each separate offense and, in default of payment of such
fine, may be sentenced to imprisonment for up to 90 days for each
separate offense. Each day of violation shall be a separate offense
for which a separate conviction may be sought. All judgments, costs,
interests and reasonable attorneys' fees collected for a violation
of this chapter shall be paid over to the Borough of Dalton.[1]
(2)
In addition to the fines, judgments, costs and/or imprisonment remedies
set forth above, the Borough of Dalton reserves the right to pursue
all other available remedies at law or in equity under the laws of
the Commonwealth of Pennsylvania.
The Borough of Dalton and its agents, officials and representatives
shall not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the issuance of any
permit under the provisions of this chapter or by reason of the conduct
of any burning activity in compliance with the terms and provisions
of this chapter. The person or party responsible for any such burning
activity shall bear sole liability of any damages caused as a result
thereof.
This chapter is enacted by the Borough of Dalton under the authority
of the Act of Legislature, February 1, (1966) 1965, P.L. 1656, No.
581, known as the Borough Code, § 1005, as recodified and
amended (see now 8 Pa.C.S.A. § 1005), and any other applicable
law arising under the laws of the Commonwealth of Pennsylvania.
