[Ord. 291, 11/7/2011]
Pursuant to the authority granted to the Township in the Second Class Township Code to protect the health, safety and welfare of the residents of the Township, the Board of Supervisors of Wrightstown Township finds it is in the interest of the Township to regulate the erection, operation, maintenance, and placement of outdoor wood-fired boilers within the Township and enacts this Part as follows.
[Ord. 291, 11/7/2011]
The Board of Supervisors of Wrightstown Township 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 Wrightstown Township, and it is hereby declared to be the policy of Wrightstown Township to safeguard the citizens of the Township from such air pollution.
[Ord. 291, 11/7/2011]
1. 
Within the Township, outdoor wood-fired boilers may be erected, altered, maintained, used, or moved only when in accordance with the provisions of these regulations and any other Township ordinances and regulations.
2. 
No person shall install, construct, or modify the construction/installation of an outdoor wood-fired boiler for any building or structure without first obtaining from the Township the necessary permits.
3. 
The requirements set forth in this section do not apply to the following:
A. 
Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
B. 
Burning in a stove, furnace, fireplace or other heating device within a building or structure used for human or animal habitation.
C. 
The use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
D. 
An outdoor fireplace and/or recreational fire pit.
[Ord. 291, 11/7/2011]
As used in this Part, the following terms shall have the meanings indicated:
APCA
The Air Pollution Control Act.[1]
CLEAN WOOD
Natural wood that has no paint, stains, adhesives 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.
EPA PHASE 2 OUTDOOR WOOD-FIRED BOILER
An outdoor wood-fired boiler that has been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.32 pound per million British Thermal Units output and is identified with the proper qualifying label and white hangtag.
OUTDOOR WOOD-FIRED BOILER (OWB)
Also known as "outdoor hydronic heaters," "outdoor wood-fired furnaces," "outdoor wood-burning appliances" or "water stoves," etc., and sometimes referred to herein as "appliance" or "appliances." A fuel-burning device:
1. 
Designed to burn clean wood or other approved solid fuels;
2. 
That the manufacturer specifies for outdoor installation or for installation in structures not normally intended for habitation or domestic animals, including structures such as garages and sheds; and
3. 
Which heats building space and/or water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.
SEASONED WOOD
Wood that has been split and dried for at least six months and has less than 20% moisture by weight.
STACK
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from an outdoor wood-fired boiler.
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
[Ord. 291, 11/7/2011]
1. 
Unless specific written approval has been obtained from the Pennsylvania Department of Environmental Protection (PA DEP), the following materials may not be burned in the Township under any circumstances:
A. 
Rubbish or garbage, including, but not limited to, food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, demolition debris or other household or business wastes.
B. 
Waste oil or other oily wastes, except used oil burned in a heating device for energy recovery subject to applicable PA DEP regulations.
C. 
Asphalt and products containing asphalt.
D. 
Treated or painted wood, including, but not limited to, plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives and/or adhesives.
E. 
Any plastic material, including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, films and containers.
F. 
Rubber, including tires and synthetic rubber-like products.
G. 
Any material that is not recommended for burning by the manufacturer of the appliance.
H. 
Newspaper, cardboard, or any paper with ink or dye products.
I. 
Lawn clippings or yard waste.
J. 
Any hazardous waste.
K. 
Coal.
L. 
Manure.
2. 
An appliance shall not be used to burn any of the prohibited materials listed above. The only fuels permitted to be burned in any new or existing outdoor wood-fired boiler shall be seasoned, untreated, clean wood, wood pellets, corn products, or biomass pellets. Provided they are not specifically excluded under Subsection 1 hereof, fuels specifically permitted by the manufacturer's instructions, such as home heating oil, natural gas or propane, or other fuels that comply with all applicable sulfur limits and are used as a starter or supplemental fuel for dual-fired outdoor wood-fired boilers are permitted.
3. 
No person shall install an outdoor wood-fired boiler that is not an EPA Phase 2 outdoor wood-fired boiler.
4. 
Any outdoor wood-fired boilers shall be located on a lot of not less than three acres and shall be not less than 150 feet from any lot line, or no closer to the lot line than recommended by the manufacturer, whichever is greater.
5. 
Any appliance shall not be permitted within the front yard area or at the front of the building. For the purposes of this subsection, the term "the front of the building" shall be that area between lines extending perpendicular from the front corners of the building footprint at its widest points to the street line along the front of the building.
6. 
Stack Height. No person shall install an outdoor wood-fired boiler unless it has a permanent attached stack with a minimum stack height of 20 feet above the ground or meets the requirements of "General Engineering Practice" as defined in 40 CFR 51.100 and EPA Report 450/4-80/023R, "Guideline for Determination of Good Engineering Practice Stack Height," whichever is taller.
7. 
No person shall use or operate a new or existing outdoor wood-fired boiler unless it complies with all existing state and local regulations. Some regulations of this commonwealth that could apply include:
A. 
25 Pa. Code § 121.7 - Prohibition of Air Pollution.
B. 
25 Pa. Code § 123.1 - Fugitive Emissions.
C. 
25 Pa. Code § 123.31 - Odor Emissions.
D. 
25 Pa. Code § 123.41 - Visible Emissions.
E. 
Section 8 of the APCA, 35 P.S. § 4008 - Unlawful Conduct.
F. 
Section 13 of the APCA, 35 P.S. § 4013 - Public Nuisances.
8. 
All appliances shall be installed, operated, and maintained in strict compliance with the manufacturer's instructions and guidelines for the said appliance. In the event that a conflict arises between the manufacturer's instructions and regulations, and the regulations contained in this Part, the stricter instructions or regulations shall apply.
9. 
All ashes or waste may be disbursed on the property where the appliance is located. Any large accumulation of ashes or waste must be disposed of in a manner approved by Wrightstown Township and/or the Pennsylvania Department of Environmental Protection.
10. 
All appliances shall be used for the sole purpose of furnishing heat and/or hot water to a dwelling or other structure pursuant to a permit issued hereunder, including residential swimming pools.
11. 
Outdoor wood-fired boilers shall be operated only between September 1 and May 31 each year.
12. 
Spark Arrestors. All outdoor wood-fired boilers shall be equipped with properly functioning spark arrestors.
13. 
Installation of any electrical or plumbing apparatus or device used in connection with the operation of an exterior furnace shall be in conformity with all applicable electrical and plumbing codes and, in the absence of such code, in conformity with the manufacturer's installation specifications.
14. 
Standards for installation shall also require the outdoor wood-fired boilers be installed upon a nominal six-inch-thick, permanent, reinforced cement pad in such dimension so as to allow a minimum of six inches of exposed surface area along the perimeter of the pad. An additional eighteen-inch extension of the concrete pad shall be provided adjacent to any access panel, including fuel loading doors and ash removal doors.
15. 
All stacks must be constructed to withstand high winds or other related elements in accordance with good engineering practice (GEP).
16. 
The use of lighter fluids, gasoline or chemicals to start the furnace is prohibited.
17. 
All outdoor wood-fired boilers shall be required to be equipped with a backup power source.
[Ord. 291, 11/7/2011]
1. 
Permits. A permit shall be secured prior to the erection, structural repair, alteration and relocation of any outdoor wood-fired boiler within the Township. For purposes of obtaining a permit, the applicant shall make application in writing and shall submit the following: name and address of the owner; name and address of the applicant; a plot plan (1/8 inch per foot or greater) showing the location of the lot, building, and proposed outdoor wood-fired boiler in relation to each public right-of-way, building and driveway; and construction plans, including all pertinent engineering data, to the Code Enforcement Officer. The plot plan shall indicate all existing structures.
2. 
Fees and Deposits. Permit fees and escrow deposit amounts, as required herein, shall be set by resolution of the Board of Supervisors.
3. 
All wood-fired furnaces which are not EPA Phase II boilers, the operation of which create a public or private nuisance, shall be removed, replaced or modified to comply with this Part upon receipt of a violation notice from the Code Enforcement Officer.
4. 
In the event that the appliance is damaged more than 50%, or it is physically deteriorated or decayed, the said appliance must be removed and/or replaced with a new unit within 60 days of the date that notice is received from the Township of Wrightstown. In such event, all provisions of this Part, including, but not limited to, permitting procedures shall be complied with.
5. 
Any resident who has secured a permit to install an outdoor wood-fired boiler in so doing will also be agreeing to allow the Township Code Enforcement Officer or any other person designated by the Township to inspect the furnace if a written complaint is filed relative to a violation of this Part.
6. 
The Township reserves the right to suspend the use of all outdoor wood-fired boilers if weather conditions warrant, based upon air quality warnings which may be issued by monitoring agencies.
7. 
Prior to the sale, transfer or change in tenants where any noncomplying outdoor wood-fired boiler is operated, this appliance shall be removed, replaced or modified to comply with the requirements of this Part. Additionally, upon such events, a renewal permit application shall be submitted for compliant appliances and an inspection of same shall occur to determine that such appliances comply with the requirements of this Part.
[Ord. 291, 11/7/2011]
1. 
A violation of this Part or of any order issued by Wrightstown Township under this Part shall constitute a public nuisance. The Township 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 Township may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 7-209. Whenever the nuisance is maintained or continued contrary to this Part or any order issued pursuant to this Part, the nuisance may be abatable in the manner provided by this Part. Any person who causes the public nuisance shall be liable for the cost of abatement.
2. 
It shall be unlawful to fail to comply with or to cause or assist in the violation of any of the provisions of this Part or to fail to comply with any order or other requirement of the Township; or to cause a public nuisance; or to hinder, obstruct, prevent, or interfere with the Township or its personnel in their performance of any duty hereunder, including denying the Code Enforcement Officer access to the source or facility.
[Ord. 291, 11/7/2011]
1. 
The Code Enforcement Officer, or his/her designee, is authorized to enforce this Part.
2. 
If the Code Enforcement Officer, or his/her designee, finds that any provision of this Part is being violated, he/she shall provide notification, in writing, to the person responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct it.
3. 
If the violation is not corrected within the time specified, the Code Enforcement Officer, or his/her designee, may order repairs or removal of the outdoor wood-fired boiler and its supporting structures judged dangerous, in disrepair or in violation of this Part, may revoke the certificate of compliance; and/or may seek penalties and injunctive relief.
[Ord. 291, 11/7/2011]
Violation of any provision of this Part or any lawful order relating to this Part by the Code Enforcement Officer, or his/her designee, shall be subject to a fine of $100 for the first offense; $200 for the second offense; and $500 for any subsequent offense occurring during any twelve-month period. Each day that the violation continues is a separate violation. In the event that Wrightstown Township incurs any expense in the enforcement of this Part, including, but not limited to, court costs and attorneys' fees, the Township shall be entitled to collect such costs from the violator. Any penalties or costs assessed shall be payable to Wrightstown Township.
Any person aggrieved by a decision of the Code Enforcement Officer, or his/her designee, may appeal to the Board of Supervisors within 30 days. The Board of Supervisors has the authority to interpret the provisions of this Part which are called into question and to waive the standards included in this Part when a literal enforcement of the provisions of this Part would result in the applicant's ability to reasonably utilize an outdoor wood-fired boiler.