[Ord. 06.11.2013, 6/11/2013, § I]
The following words, terms and phrases, when used in this Part,
shall have the following meanings:
DWELLING
A building designed or used as the living quarters for one
or more persons.
OPEN BURNING
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and are not directed through a flue/vent
stack or chimney.
OUTDOOR FURNACE
A device located outside a dwelling or structure and used
to burn materials for the purpose of generating heat inside a dwelling
or structure and is certified by UL, CAN/CSA, ANSI or another independent
testing organization. An outdoor furnace shall be considered a "structure"
for purposes of any other ordinance or regulation applying to or effective
in Hepburn Township, including, but not limited to, zoning ordinances
and building codes.
PERSON
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 or 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.
STRUCTURE
Anything constructed or portable or installed that requires,
for normal use, a location on a parcel of land, which can be used
temporarily or permanently for housing, business, commercial, agriculture
of office purposes. It also includes, but is not limited to, garages,
workshops, barns, incinerators and accessory buildings.
TOWNSHIP
Hepburn Township, Lycoming County, Pennsylvania.
[Ord. 06.11.2013, 6/11/2013, § II]
1. The regulations of this Part shall apply to all outdoor furnaces,
as defined above, that are situated in the Township on the effective
date of this Part, but shall exclude the following:
A. Grills or cooking stoves using charcoal, wood, propane or natural
gas.
B. Stoves, fireplaces, furnaces or other heating devices located within
a building or structure used for human or animal habitation.
[Ord. 06.11.2013, 6/11/2013, § III]
1. New Outdoor Furnaces. After the effective date of this Part, no person
shall construct, install or establish an outdoor furnace unless such
operation meets the following standards:
A. All outdoor furnaces shall be EPA approved and laboratory tested
and listed to appropriate safety standards of one of the following:
UL (Underwriter's Laboratories), CAN/CSA (Canada Natural Standard/Canada
Standards Association) or ANSI (American National Standards Institute).
B. All outdoor furnaces shall be constructed, established, installed,
operated and maintained in accordance with the manufacturer's
instructions and the requirements of this Part. In the event of a
conflict, the stricter requirements shall apply.
C. If an outdoor furnace, established subsequent to these regulations,
creates a verifiable nuisance, as defined by local or state law, the
following steps shall be taken to correct and abate such nuisance:
(1)
The unit shall be modified by the owner to eliminate the nuisance
by extending the chimney or relocating the furnace or both.
D. Operation of the unit shall be discontinued until reasonable steps
can be taken to ensure the furnace will not be a nuisance.
2. Existing Outdoor Furnaces. All existing outdoor furnaces that do
not meet the yard or setback requirements shall be deemed existing
nonconforming structures.
[Ord. 06.11.2013, 6/11/2013, § IV]
1. General Regulations.
A. All furnaces shall comply with emission standards established for
outdoor furnaces by the Environmental Protection Agency (EPA). All
such emission standards currently required by EPA, or as may hereafter
be amended or modified, are included by reference in this Part.
B. Any person utilizing or maintaining an outdoor furnace shall be responsible
for all fire suppression costs and any other liability resulting from
damage caused by a fire.
C. If installation would occur in any flood zone of Hepburn Township,
applicant must comply with any and all applicable floodplain regulations.
2. Materials That May Be Burned. Outdoor furnaces may only burn fuels
for which the same were designed to burn and which are approved by
the manufactures. None of the following fuels may be burned in any
outdoor furnace under any circumstances.
C. Waste petroleum products, unless specifically designed and manufactured
to do so.
D. Paint and paint thinners.
3. Setback Requirements. All new outdoor furnaces should be set back
in accordance with the following requirements regardless of the zoning
district in which it is to be located:
A. All outdoor furnaces shall be located on the property in compliance
with the manufacture's recommendations with respect to clearance
for combustible materials. Due consideration shall be give to prevailing
wind directions when locating any furnace.
B. Outdoor furnaces shall not be located within a required front yard,
nor in front of the building to which it is accessory.
C. Outdoor furnaces shall be set back as follows:
(1)
Village Center (VC) District: six feet from side yard property
lines with a total width of the two required side yards not being
less than 15 feet and 15 feet from the rear property line unless said
rear yard abuts a public street or alley where the requirement shall
be 25 feet. From the rear yard property line.
(2)
Residential Conservation (RC) District: 12 feet from side yard
property lines and 30 from rear yard property lines.
(3)
Residential Medium Density (R-M) District: 10 feet from side
yard property lines and rear yard property lines.
(4)
Agriculture (A) District: 15 feet from side yard property lines
and 25 rear yard property lines.
(5)
Commercial Highway (C-H): this use shall be treated as a structure and meet setbacks as required in §
27-505.
(6)
Residential Suburban (R-S) District: five feet from side yard
property lines and 15 feet from rear yard property lines. Residential
Medium Density (R-M) District: 15 feet from all side and rear yard
property lines.
(7)
Flood Fringe and Floodplain (FF and FP) Districts as provided
in each district.
(8)
Flood way (FW) District as provided in each district.
4. Chimney Requirements and Height.
A. All outdoor furnaces shall have a minimum chimney height as required
by the particular manufacturer specifications.
B. Chimneys shall be firmly secured to prevent toppling.
[Ord. 06.11.2013, 6/11/2013, § V]
1. After the effective date of these provisions, no person shall construct,
install, establish or maintain any outdoor furnaces without first
obtaining a zoning permit form the Township. Applications for permits
shall include the following data and documentation:
A. A site plan showing the location of the proposed furnace on the property,
the location and height of all existing buildings or structures on
the property, the distance from the furnace to such existing buildings
or structures, and the distance of the outdoor furnace to dwellings
on adjacent properties.
B. A copy of the manufacturer's and/or owner's manual and
installation instructions.
C. No permit shall be granted until a formal inspection of the installation
has occurred and the Township has received all of the required information.
2. Permit fees shall be based on the current Township permit fee schedule
and can be changed, by resolution, as determined necessary, by Hepburn
Township.
[Ord. 06.11.2013, 6/11/2013, § VI]
1. If the Township has a concern about the outdoor furnace, the Township
may conduct an inspection to determine if the outdoor furnace is being
operated and maintained in accordance with the Part, EPA and/or DEP
regulations, or the manufacturer's recommended installation and
operating parameters. If it is determined that the owner/operator
is violating a provision of the Part, the Township may impose an inspection
fee in addition to other enforcement remedies contained herein.
2. Owners shall be required to correct any deviations found as a result
of the inspection. Failure to correct such deviations within 30 days
shall constitute a violation of this Part. Owner/operator's refusal
to allow the inspection shall result in immediate permit revocation.
[Ord. 06.11.2013, 6/11/2013, § VII]
1. Any duly authorized agent or enforcement officer of the Township
shall have the power and authority to enforce the provisions of this
Part.
2. Any duly authorized agent or enforcement officer may issue such orders
as are necessary to aid in the enforcement of the provisions of this
Part. These orders shall include, but shall not be limited to, orders
requiring persons to cease use of an outdoor furnace which is inconsistent
with or in violation of the regulations detailed in this section.
Any duly authorized enforcement officer hereunder may also issue orders
requiring persons to take corrective actions or to abate a public
nuisance. Such an order may be issued by any duly authorized officer
if such officer finds that any person is in violation of any provisions
of this Part or the regulation specified herein.
3. The authority of any duly authorized officer hereunder to issue an
order under this section shall be in addition to any other remedy
or penalty which may be available under law. The failure of any person
to comply with such order is hereby declared to be a violation of
this section.
4. In the event of a violation and upon conviction thereof, said violator
shall pay a fine of no less than $100 and no more than $1,000 or the
maximum amount permitted by law, and in default of said payment, undergo
imprisonment for a term not to exceed 90 days, unless said matter
is pursued civilly. Every day of violation shall constitute a separate
violation.