[Ord. 637, 8/25/2008, § 1]
With the adoption of this Part the Borough Council of the Borough
of Wellsboro establishes and imposes restrictions upon the installation,
operation and maintenance of outdoor furnaces within the limits of
the Borough of Wellsboro ("Borough") for the purpose of securing and
promoting the public health, welfare and safety of the Borough and
its inhabitants and to ensure that existing and future outdoor furnaces
are properly installed, operated and maintained and to limit the effects
of the same on the health, welfare and safety of the residents of
the Borough.
[Ord. 637, 8/25/2008, § 2]
Any structure, vertical or otherwise, enclosing a flue or
flues that carry off smoke or exhaust from a furnace, especially that
part of such structure extending above a roof.
Seasoned wood without paint, or other coating, and wood that
has not been treated with, including but not limited to, copper chromium
arsenate, creosote, or pentachlorophenol.
A written and signed complaint from a resident of the Borough
verifying that specific terms or conditions of this Part are being
violated. All complaints shall include: (A) The full name and address
of the Complainant; (B) The provision or provisions of this Part being
violated; (C) The name and address of the alleged person, company
or organization in violation; and (D) the time, date and place of
the alleged violation, For the purposes of this Part, a term and condition
shall be: (A) setback requirements; (B) height requirements; (C) location
requirements; (D) permit requirements; (E) operation requirements;
or (F) installation requirements. The Zoning Officer, or designated
official, may undertake enforcement proceedings against an owner,
company or organization if it is determines that a term or condition
of this Part is being violated. The Borough, at its sole discretion,
shall not get involved with private nuisance claims between private
property owners. Upon receipt of a written complaint, the Zoning Officer,
or designated official, may investigate the claims set forth therein
and issue a decision to the Complainant, either verbally or in writing,
within 20 business days.
The prevailing winds for northern Pennsylvania are westerly;
therefore, downwind for this Part is defined as lying eastward from
a reference point, such as the center of a circular furnace stack.
A residence, whether or not currently occupied.
An outdoor furnace for which the manufacturer has supplied
a certificate of compliance, or other proof of compliance, with EPA
recommendations and/or promulgated emission standards for that particular
furnace or appliance type and Model.
An outdoor furnace that is fully installed and/or operational
in the Borough as of the enactment date of this Part.
Trunks and branches of trees and bushes, not including leaves,
needles, vines, or brush less than three inches in diameter.
A solid structure, which may be a dwelling or building, which
blocks the wind from blowing directly upon a particular dwelling or
building. Trees and bushes do not constitute an obstruction. In addition;
partial obstructions, such as fences or portions of buildings, shall
also be deemed insufficient to be considered an obstruction.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space. This includes
existing outdoor furnaces.
[Ord. 637, 8/25/2008, § 3]
1.
After the effective date hereof, no outdoor furnace shall be maintained,
installed or operated in the Borough without the owner first submitting
an application in accordance with the terms contained herein. The
application and permit process is as follows:
A.
Any person, business or association (hereinafter referred to as "applicant")
who desires to install, maintain or operate an outdoor furnace, after
the effective date hereof, upon their property in the Borough, must
complete an application in writing and submit it to the Wellsboro
Borough Office, located at 28 Crafton Street, Wellsboro, Pennsylvania
16901, along with the requisite application fee, at least 30 days
prior to the desired date of installation or operation. Permit application
forms shall be available at the Borough Office during regular business
hours.
B.
The applicant must provide proof that the outdoor furnace to be installed,
maintained or operated within the Borough limits, is certified to
meet applicable EPA and DEP emission recommendations as amended; said
standards must be submitted with the application, unless the outdoor
furnace is considered by the EPA and DEP to be exempt from certification.
C.
The applicant shall submit with proof of low emissions, a copy of
the manufacturer's recommended operating parameters, and all applicable
information related to fuels necessary to achieve low emissions. This
information, together with any amendments or modifications that may
be forthcoming, shall be kept on file at the Borough Office along
with copies of the application, permit, proof of certification and
all other necessary documents.
D.
If an existing chimney is to be utilized, a written statement from
the local Fire Chief or Building Code Enforcement Officer, stating
that the chimney has been inspected and is suitable for use with appropriate
fuels, shall be submitted with the application. If a new chimney is
to be constructed, a building permit may be required.
E.
Within 20 business days of receipt of a complete application, and
other required documents as described herein, and if necessary, after
a site inspection, a written decision shall be forwarded to the applicant
from the Zoning Enforcement Officer, or other Borough official (hereinafter
"official"), which either grants or denies a permit to install, operate
or maintain the outdoor furnace.
F.
The applicant may appeal a denial to the Appeals Board in accordance with § 10-308 hereof. Written notice of the request for appeal shall be filed in the Borough Office within 10 calendar days of the date of denial along with all appropriate fees.
G.
If the Zoning Officer, or designated official of the Borough, determines
that all the provisions of this Part and the application process have
been met, the official may issue a permit for the applicant to install,
operate or maintain the outdoor furnace in accordance herewith,
H.
If the Zoning Officer, or designated official of the Borough, determines
that any person, company or organization is violating a provision
or provisions of this Part, their permit maybe revoked and/or a cease
and desist order may be charged against any offending person, company
or organization.
I.
In the event that an application is denied, a permit is revoked or
a cease and desist order is issued, notice shall be given to the applicant,
permittee or offending person, company or organization, The notice
shall:
(1)
Be in writing.
(2)
Include a description of the property sufficient for identification.
(3)
Include a statement of the reason or reasons why the Notice
is being issued.
(4)
Include a correction order allowing a reasonable time (not to
exceed 10 calendar days) for changes and/or corrections to be made
to bring the outdoor furnace into compliance with the provisions of
this Part.
[Ord. 637, 8/25/2008, § 4]
Application, permit, inspection, variance and appeal fees shall
be set by resolution of the Borough Council.
[Ord. 637, 8/25/2008, § 5]
1.
All outdoor furnaces must meet applicable regulations and recommendations
of the EPA and DEP. All outdoor furnaces shall meet emission certification
requirements unless expressly exempted otherwise. The applicant shall
have the burden of proving that the outdoor furnace they desire to
install, operate and maintain meets all existing laws, regulations
and certifications.
2.
All outdoor furnaces are subject to a minimum setback of 500 feet
from neighboring boundary lines.
3.
All non-catalytic outdoor furnaces must be certified not to exceed
EPA particulate matter emission standards. All catalytic outdoor furnaces
must be certified not to exceed EPA particulate matter emission standards.
If the EPA, or other agency; should promulgate stricter standards,
the stricter standards shall apply.
4.
Chimneys must comply with the 10-3-2 rule: three feet higher than
the highest point the chimney exits the roof and two feet higher than
anything within 10 feet.
5.
Outdoor furnaces may only burn fuels for which the same were designed
to burn and which are approved by the manufacturer. None of the following
fuels or materials may be burned in any outdoor furnace under any
circumstances:
A.
Any wood that does not meet the definition of "clean wood."
B.
Garbage.
C.
Tires.
D.
Waste petroleum products.
E.
Paint and paint thinners.
F.
Construction and demolition debris.
G.
Plywood.
H.
Manure.
I.
Asphalt products.
J.
Animal carcasses.
K.
Plastic or rubber products.
L.
Household trash.
M.
Leaves, or wet and soggy wood.
N.
Recyclable material.
6.
Ashes or residue shall not be accumulated upon any property. Ashes
and residue may not be dispersed on any property. Any accumulation
of ashes or residue must be disposed of appropriately. It is the responsibility
of the owner to ensure that no live coals or embers are present in
any ashes or residue in such a manner as to constitute a fire hazard.
7.
All firewood that is to be burned shall be neatly stacked and stored
under cover.
8.
No outdoor furnace shall be altered or modified such that the applicable
certification emission tests would be invalidated. Any anti-pollution
device installed by the manufacturer, or required by this Part or
otherwise, shall not be disconnected or rendered inoperative. Operation
of the outdoor furnace shall be in accordance with the manufacturer's
written instructions. This shall include, if applicable, periodic
inspection and replacement of catalytic combustors.
9.
All outdoor furnaces shall be installed, operated and maintained
in strict conformance with the manufacturer's instructions, the provisions
of this Part, applicable building codes, and all applicable local,
state and federal laws and regulations. In the event of a conflict,
this Part shall apply unless the manufacturer's instructions or regulations
are more strict, in which case the manufacturer's instructions or
regulations shall apply. A copy of the Manufacturer's installation
and/or operating instructions shall be filed with the Borough office,
by the applicant, together with any subsequent amendments or modifications.
10.
All outdoor furnaces are prohibited from operating between May 31
and August 31 of each year.
11.
For all outdoor furnaces, a chimney stack greater than 15 feet in
height must be secured against high winds, and be constructed, installed
and maintained in such a manner that it does not constitute a safety
hazard. All chimney stacks shall be constructed in accordance with
all rules and regulations of the Borough and commonwealth, and shall
be constructed in accordance with the manufacturer's instructions.
[Ord. 637, 8/25/2008, § 6]
1.
Outdoor furnaces that exist within the Borough limits on the date
this Part takes effect shall be subject to the terms and conditions
of this Part.
2.
In order to continue to maintain and operate an existing outdoor furnace, the owner must submit an application for a permit to operate their existing outdoor furnace, in accordance with § 10-303 hereof. Said application must be submitted within 30 days of the effective date hereof.
3.
An application submitted under this section shall act as a temporary
permit to operate and maintain the existing outdoor furnaces so that
the applicant has time to comply with the application process and
meet the terms and conditions of this Part.
4.
A temporary permit under this section is only effective for 60 days
from the date the application is submitted. This provision does not
apply to new installations, this only applies to outdoor furnaces
existing within the Borough on the date this Part is enacted.
5.
Owners of existing outdoor furnaces who give notice of the same,
by submitting an application, within 30 days of the effective date
of this Part, shall be grandfathered in as it relates to setback requirements
if their outdoor furnace is located within 500 feet of a neighbor's
property line. This nonconforming use shall extend only to new outdoor
furnaces installed in the same location as the outdoor furnace existing
at enactment of this Part.
6.
An owner who fails to file such an application, or is denied a permit
for reasons contained herein, shall not be permitted to maintain and
operate the existing outdoor furnace within the Borough.
7.
In the event that an outdoor furnace is determined to be 50% torn
down, physically deteriorated, rusted or decayed, the Furnace must
be removed and/or replaced with a new unit. In the event a unit needs
to be replaced, a new application must be submitted and all other
provisions hereof must be followed.
[Ord. 637, 8/25/2008, § 7]
A.
If a complaint under this Part is received by the Borough, the Borough
may conduct an inspection to determine if the outdoor furnace is being
operated and maintained in accordance with this Part, EPA and DEP
regulations, or the manufacturer's recommended operating parameters.
If it is determined that the owner/operator is violating a provision
hereof, the Borough may impose an inspection fee in addition to other
enforcement remedies contained herein.
B.
In the event the owner has/received updated recommendations from
the manufacturer, the same shall be utilized to determine compliance.
The owner shall be required to correct any deviations found as a result
of the inspection. Failure to correct the deviations within 30 calendar
days shall constitute a violation of this Part. The owner's refusal
to allow the inspection shall result in immediate permit revocation.
[Ord. 637, 8/25/2008, § 8]
1.
Any applicant, permittee or person affected by a decision of the Zoning Officer, or designated official of the Borough, may appeal, for the reasons set forth in Subsection 2, hereof, to the Appeals Board provided that a written application for appeal is submitted. The notice of appeal shall:
3.
Upon receipt of an appeal, a hearing shall be scheduled before the
Appeals Board within 60 calendar days, or in a manner to allow for
appropriate advertising, and shall be held at the Borough office,
or other designated location within the Borough. Notice of the hearing
shall be appropriately advertised and posted at the Borough office
and shall be served by the Borough via United States First Class Mail,
or by hand delivery, upon the appellant.
4.
The Appeals Board shall consist of six appointed members, all of
whom shall be Borough residents, three members shall be appointed
by Borough Council, at least one of whom must be a member of Council,
and three shall be appointed by the Mayor. Borough Council shall also
designate the Board chairperson.
5.
The Appeals Board Chairperson shall designate at least four Appeal
Board members who must be present for the hearing. The burden shall
be on the appellant to supply all necessary testimony, exhibits and
information that the Appeal Board needs to make a decision.
6.
The Appeals Board may dismiss the case sui sponte if it determines,
inter alia, that the appellant has not complied with the appeal process
or provided necessary information. The Borough Solicitor may be present
at this hearing and the appellant may be represented by counsel.
7.
At least four Appeals Board members shall issue a written decision
within 30 days of the last hearing for a given appeal. The Board may
grant or deny an appeal in full or in part, or provide for conditional
approval where appropriate. The decision shall be forwarded to the
appellant by hand delivery or regular mail. A copy of the decision
shall be available at the Borough offices. The Appeals Board may impose
additional conditions or restrictions upon the Appellant as it deems
appropriate. The decision of the Appeals Board shall be final.
[Ord. 637, 8/25/2008, § 9]
1.
In considering a variance appeal in accordance with § 10-308 hereinabove, the Appeals Board shall consider the following factors:
A.
The degree of compliance with published guidelines and recommendations
for outdoor furnace setbacks, chimney stack heights, and emissions;
B.
Prior complaints concerning the outdoor furnace.
C.
Comments and/or concerns of residents within 1,000 feet of the outdoor
furnace.
D.
Minimum setback from neighboring boundary lines of 500 feet.
E.
Chimney stack height a minimum of two feet and a maximum of five
feet above the peak of neighboring dwellings.
F.
Either retrofit to meet EPA's Phase I emission standards or upgrade
to meet EPA's Phase II emission standards.
2.
In considering a variance appeal, the Appeals Board may consider
the following factors:
A.
Whether the outdoor furnace maintains or enhances the character of
the area in which is located.
B.
Whether the outdoor furnace constitutes a safety or health hazard,
a nuisance, or has a noxious effect on the surrounding area either
due to appearance or operation.
C.
Whether the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible for the regulation at issue.
D.
Whether, in the case of a hardship, that hardship has been created
by the applicant.
E.
Whether the variance, if authorized, will alter the essential character
of neighborhood or district in which the outdoor furnace is located,
or substantially or permanently impair the appropriate use or development
of adjacent property, or be detrimental to the public welfare.
[Ord. 637, 8/25/2008, § 10]
It shall be the duty of the Zoning Officer or designated official,
to enforce the terms of this Part and secure compliance with the requirements
hereof. In the event a person, company or organization does not comply
with the terms of this Part, a notice of violation and/or cease and
desist order, the Zoning Officer, or designated official, may commence
civil and/or criminal proceedings against the offending person, company
or organization. The owner shall pay the costs of such measures, including
but not limited to the costs of any equipment and reimbursement of
wages for Borough employees or agents. The Borough, in such event,
and pursuant to its statutory or otherwise authorized police powers,
shall have the right and power to enter upon the owner's premises
to accomplish the foregoing.
[Ord. 637, 8/25/2008, § 11; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to a fine
of not less than $300 nor more than $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 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.
