[1]
Editor's Note: Former Part 1, Open Fires and Burning, was
repealed 7/19/2023 by Ord. No. 191. Prior history includes Ord. No.
58.
[Ord. No. 191, 7/19/2023]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context.
A fire in which any material is burned in the open or in
a receptacle other than that permitted as a recreational fire.
Any individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
Any deliberately set and maintained fire ignited in the confines
of a fire ring, chiminea, fireplace, or patio wood-burning device,
and used for the sole purpose of recreational pleasure. All recreational
fires must include a metal covering device/ spark arrester over the
entire surface of the containerized fire.
Garbage, rubbish and trade waste.
[Ord. No. 191, 7/19/2023]
1.
Within the Township limits, all open fires are prohibited and without
limitation no person shall:
A.
Burn in a burn barrel.
B.
Burn any material that can be recycled.
C.
Burn any waste or refuse.
D.
Burn any construction or demolition waste.
E.
Burn any hazardous materials.
F.
Burn any trees, brush, stumps, leaves, and grass clippings.
G.
Burn any materials upon any public land, street, curb, gutter, or
sidewalk or on the ice of any lake, pond, stream, or body of water.
H.
Discharge fireworks other than those permitted by state statute or
Upper Nazareth Township ordinance.
[Ord. No. 191, 7/19/2023]
[Ord. No. 191, 7/19/2023]
1.
Recreational fires are permitted only in accordance with all of the
following provisions:
A.
Any recreational fire shall not be used to burn waste or any recyclable
material.
B.
Only clean, dry wood (paper may be used in the lighting of the fire
only) shall be used in the recreational fire.
C.
The recreational fire shall be located at least 25 feet away from
the nearest structure which is not on the same property as the recreational
fire.
D.
The recreational fire shall be located at least 10 feet away from
the nearest structure which is on the same property as the recreational
fire.
E.
All recreational fires shall be supervised by the owner or occupant
of the property or a responsible adult until the fire is extinguished
and is cold. The person shall have readily available for use such
fire extinguishing equipment as may be necessary for total control
of the fire.
[Ord. No. 191, 7/19/2023]
The Board of Supervisors of Upper Nazareth Township hereby appoints
the Upper Nazareth Township Police Department to enforce the provisions
of this Part.
[Ord. No. 191, 7/19/2023]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 146, 5/18/2011, § 1]
The Zoning Officer or such official's designee is hereby appointed
as the designated officer who is authorized to carry out all responsibilities
and duties stated herein.
[Ord. 146, 5/18/2011, § 2]
No insurance company, association or exchange (hereinafter the
"insuring agent") doing business in the Commonwealth of Pennsylvania
shall pay a claim of a named insured for fire damage to a structure
located within the Township of Upper Nazareth (hereinafter the "Township")
where the amount recoverable for the fire loss to the structure under
all policies exceeds $7,500, unless the insuring agent is furnished
by the Township Treasurer with a Township certificate pursuant to
§ 508(b) of Act 98 of 1992, 40 P.S. § 638, as
amended, and unless there is compliance with § 508(c) and
(d) of Act 98 of 1992, as amended, and the provisions of this Part.
[Ord. 146, 5/18/2011, § 3]
1.
Where pursuant to § 508(b)(1)(i) of Act 98 of 1992, 40
P.S. § 638, as amended, the Township Treasurer issues a
certificate indicating that there are no delinquent taxes, assessments,
penalties or user charges against real property, the insuring agent
shall pay the claim of the named insured, provided however, that if
the loss agreed upon by the named insured and the insuring agent equals
or exceeds 60% of the aggregate limits of liability on all fire policies
covering the building or other structure, the following procedures
must be followed:
A.
The insuring agent shall transfer from the insurance proceeds to
the designated officer of the Township in the aggregate of $2,000
for each $15,000 of a claim and for each fraction of that amount of
a claim, this section to be applied such that if the claim is $15,000
or less, the amount transferred to the Township shall be $2,000.
B.
If at the time of a proof of loss agreed to between the named insured
and the insuring agent, the named insured has submitted a contractor's
signed estimate of the costs of removing, repairing or securing the
building or other structure, the insuring agent shall transfer to
the Township from the insurance proceeds the amount specified in the
estimate.
C.
The transfer of proceeds shall be on pro rata basis by all companies,
associations or exchanges insuring the building or other structure.
D.
After the transfer, the named insured may submit a contractor's signed
estimate of the costs of removing, repairing or securing the building
or other structure, and the designated officer shall return the amount
of the funds transferred to the Township in excess of the estimate
to the named insured, if the Township has not commenced to remove,
repair or secure the building or other structure.
E.
Upon receipt of proceeds under this section, the Township shall do
the following:
(1)
The designated officer shall place the fund to be used solely
as security against the total costs of removing, repairing, or securing
the building or structure which are incurred by the Township, and
payment of any delinquent taxes, assessments, penalties or user charges
against the real property. Such costs shall include without limitation,
any engineering, legal or administrative costs incurred by the Township
in connection with such removal, repair or securing of the building
or any proceedings related thereto.
(2)
It is the obligation of the insuring agent when transferring
the proceeds to provide the Township with the name and address of
the named insured. Upon receipt of the transferred funds and the name
and address of the named insured, the designated officer shall contact
the named insured, certify that the proceeds have been received by
the Township and notify the named insured that the procedures under
this subsection shall be followed.
(3)
When repairs, removal or securing of the building or other structure
have been completed in accordance with all applicable regulations
and orders of the Township and the required proof of such completion
received by the designated officer, and if the Township has not incurred
any costs for repairs, removal or securing, the fund shall be returned
to the named insured. If the Township has incurred costs for repairs,
removal or securing of the building or other structure, the costs
shall be paid from the fund and if excess funds remain, the Township
shall transfer the remaining funds to the named insured.
(4)
To the extent that interest is earned on proceeds held by the
Township pursuant to this section, and not returned to the named insured,
such interest shall belong to the Township. To the extent that proceeds
are returned to the named insured, interest earned on such proceeds
shall be distributed to the named insured at the time that the proceeds
are returned.
(5)
From the fund established the designated officer shall pay any
outstanding delinquent taxes, assessments, penalties or user charges
against the subject real property and provide an account thereof to
the named insured, prior to making any other disbursements from the
account.
F.
Nothing in this section shall be construed to limit the ability of
the Township to recover any deficiency. Furthermore, nothing in this
subsection shall be construed to prohibit the Township and the named
insured from entering into an agreement that permits the transfer
of funds to the named insured if some other reasonable disposition
of the damaged property has been negotiated.
[Ord. 146, 5/18/2011, § 4]
The Board of Supervisors may by resolution adopt procedures
and regulations to implement Act 98 of 1992, 40 P.S. § 638,
as amended, and this Part and may by resolution fix reasonable fees
to be charged for Township activities or services provided pursuant
to Act 98 of 1992, as amended, and this Part; including, but not limited
to, issuance of certificates and bills, performance of inspections,
and opening separate fund accounts.
[Ord. 146, 5/18/2011, § 5; as amended by A.O.]
Any owner of property, any named insured or any insuring agent
who violates this Part, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
