[Ord. 2011-01, 7/11/2011, § 1]
This Part shall be known and may be cited as the "2011 Lower Mount Bethel Township Outdoor Wood-Fired Boiler Ordinance."
[Ord. 2011-01, 7/11/2011, § 2]
This Part is enacted pursuant to the authority of the Act of Assembly of May 1, 1933, P.L. 103, 53 P.S. § 65101 et seq., as amended, and the APCA (defined below).
[Ord. 2011-01, 7/11/2011, § 3]
When used in this Part, the following words, terms and phrases shall have the following meanings ascribed to them, unless the context clearly indicates otherwise:
Air Pollution Control Act, 35 P.S. § 4001 et seq., as amended.
Board of Supervisors of Lower Mount Bethel Township, Northampton County, Commonwealth of Pennsylvania.
Natural wood that has no paint, stains or other types of coatings, and natural wood that has not been treated, including but not limited to, with copper chromium arsenate, creosote or pentachlorophenol.
United States Environmental Protection Agency.
An outdoor wood-fired boiler that, as of the effective date of this Part, is installed and operated on a property in the Township and which does not comply with all requirements of this Part, including but not limitation, placement, emission limits, etc.
A device designed to burn clean wood or other approved solid fuels that the manufacturer specifies for outdoor installation or for installation in structures not intended for habitation by humans or domestic animals, including, but not limited to, structures such as garages and sheds, that heats building space and/or water through the distribution, typically through pipes, of a fluid heated within the device, typically water or a mixture of water and antifreeze. An outdoor wood-fired boiler is also commonly known as an outdoor wood-fired furnace, an outdoor wood-burning appliance or an outdoor hydronic heater, all of which are included in the definition of an outdoor wood-fired boiler hereunder.
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.
An outdoor wood-fired boiler that has been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.32 pounds per million British Thermal Units output and is labeled accordingly. Phase 2 outdoor wood-fired boiler models are identified with a white hang tag and are commonly referred to as white label boilers.
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from an outdoor wood-fired boiler, especially that part of a structure extending above a roof.
Lower Mount Bethel Township, Northampton County, Commonwealth of Pennsylvania.
[Ord. 2011-01, 7/11/2011, § 4]
This Part applies to the installation, maintenance and use of all outdoor wood-fired boilers within the Township. This Part does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances. Further, this Part does not apply to burning in a stove, furnace, fireplace or other heating device within a building intended to be used for human or domestic animal habitation. Finally, this Part does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating construction or maintenance activities.
[Ord. 2011-01, 7/11/2011, § 5]
1.
Following the effective date of this Part, no person shall install an outdoor wood-fired boiler that is not yet installed as of the effective date of this Part unless such installation is in strict compliance with the requirements of this section.
A.
Outdoor Wood-Fired Boilers Permitted. Outdoor wood-fired boilers installed following the effective date of this Part shall be Phase 2 outdoor wood-fired boilers or boilers certified by the EPA to exceed the Phase 2 particulate matter emission limit of 0.32 pounds per million British Thermal Units output.
B.
Setback Requirements. All permitted outdoor wood-fired boilers shall be installed at least 100 feet from the nearest property line.
C.
Stack Height Requirements for Outdoor Wood-Fired Boilers. All permitted outdoor wood-fired boilers shall be constructed with a permanently attached stack. The height of the stack shall be the height required by the manufacturer's specifications and instructions to maintain the validity of the manufacturer's warranty.
D.
Fuel Limitations. No person may use or operate any outdoor wood-fired boiler with fuel other than the following: (1) clean wood; (2) wood pellets made from clean wood; (3) home heating oil, natural gas or propane that complies with all applicable sulfur limits and is used solely as a starter or supplemental fuel for dual-fired outdoor wood-fired boilers; and (4) any fuels source contained in the manufacturer's specifications and instructions. Burning of materials not listed in this paragraph shall be prohibited.
E.
Year Round Use of Outdoor Wood-Fired Boilers. Permitted outdoor wood-fired boilers may be operated year round.
F.
Compliance with Regulatory Requirements. The outdoor wood-fired boiler shall be maintained and operated in compliance with all applicable regulations, including, but not limited to, emission air quality standards promulgated by the EPA or the Pennsylvania Department of Environmental Protection, and any other relevant rules, laws, orders and regulations.
G.
Disposal of Ash and Waste. Ashes or waste from the operation and use of a permitted outdoor wood-fired boiler shall not be accumulated in a concentrated area of the property. Large accumulations of ashes and waste must be disposed of regularly by lawful means. Notwithstanding the foregoing, ashes and waste may be dispersed throughout the property as long as there is no visible accumulation of ash and waste. Any person disposing of ashes and waste on their property shall be required to take those steps necessary to prevent the ashes and/or waste from leaving the property by any means, including but not limited to transmission in the air or in stormwater runoff. Failure to contain ashes or waste within the property boundary shall be a violation of this Part.
[Ord. 2011-01, 7/11/2011, § 6]
1.
Following the effective date of this Part, no person shall use an outdoor wood-fired boiler that was installed before the effective date of this Part unless such outdoor wood-fired boiler is improved and thereafter operated in strict compliance with the requirements of this section.
A.
Registration. Any person desiring to continue the use and operation of a nonconforming outdoor wood-fired boiler must register said nonconforming outdoor wood-fired boiler with Township. In connection with the registration, the owner of the nonconforming outdoor wood-fired boiler shall apply for an operating permit on a form prepared by the Township. The information presented with the permit application shall demonstrate that the proposed use and operation of the nonconforming outdoor wood-fired boiler meets all the requirements of this section. The applicant for such a permit shall:
(1)
Present a written application on a form prepared by the Township and pay the application fee as established by the Board from time to time.
(2)
Present a plan showing all property lines, the locations of all dwellings or occupied buildings on adjoining properties and the location of the nonconforming outdoor wood-fired boiler.
(3)
Present evidence that the applicant has obtained all other permits required for the work required to be performed on the nonconforming outdoor wood-fired boiler, including but not limited to zoning permit(s) and building permit(s) for the work required by Subsection 1C hereunder.
(4)
Demonstrate compliance with the requirements of this Part, including but not limited to the stack height regulations.
(5)
Be signed by all owners of the property on which the nonconforming outdoor wood-fired boiler is located and the contractor performing the work required to be completed on the nonconforming outdoor wood-fired boiler.
Submission of the permit application shall be deemed to be an express authorization from the owner for Township Zoning Officer, and any other Township official, to enter property and inspect the nonconforming outdoor wood-fired boiler upon prior written notice to determine compliance with the terms of this Part. Failure to register and obtain the required permit prior to use of a nonconforming outdoor wood-fired boiler shall be a violation of this Part.
B.
Operation. All nonconforming outdoor wood-fired boilers shall be operated and maintained in strict conformance with the manufacturer's specifications and instructions. In the event of a conflict between the manufacturer's specifications and instructions and the requirements of this Part, the most strict regulation on the operation of the nonconforming outdoor wood-fired boiler shall apply.
C.
Improvements Required. The following improvements shall be made to any nonconforming outdoor wood-fired boiler unless the nonconforming outdoor wood-fired boiler already complies with the following requirements of this paragraph. Completion of the improvements required by this paragraph shall not change the nature of a nonconforming outdoor wood-fired boiler to a conforming outdoor wood-fired boiler.
(1)
Stack Height Requirements. No person shall use or operate a nonconforming outdoor wood-fired boiler until it has been improved to include a permanently attached stack at least 15 feet above the ground.
(2)
Fan or Blower for Efficiency. All persons seeking to operate a nonconforming outdoor wood-fired boiler shall install a fan or blower to increase the efficiency of the unit.
D.
Fuel Limitations. No person may use or operate a nonconforming outdoor wood-fired boiler with fuel other than the following: (1) clean wood; (2) wood pellets made from clean wood; (3) home heating oil, natural gas or propane that complies with all applicable sulfur limits and is used solely as a starter or supplemental fuel for dual-fired outdoor wood-fired boilers; and (4) any fuels source contained in the manufacturer's specifications and instructions. Burning of materials not listed in this paragraph shall be prohibited.
E.
Seasonal Restrictions on Use. No person shall use or operate a nonconforming outdoor wood-fired boiler between the dates of May 15 and September 15.
F.
Disposal of Ash and Waste. Ashes or waste from the operation and use of a nonconforming outdoor wood-fired boiler shall not be accumulated in a concentrated area of the property. Large accumulations of ashes and waste must be disposed of regularly by lawful means. Notwithstanding the foregoing, ashes and waste may be dispersed throughout the property as long as there is no visible accumulation of ash and waste. Any person disposing of ashes and waste on their property shall be required to take those steps necessary to prevent the ashes and/or waste from leaving the property by any means, including but not limited to transmission in the air or in stormwater runoff. Failure to contain ashes or waste within the property boundary shall be a violation of this Part.
G.
Compliance upon Replacement. If any nonconforming outdoor wood-fired boiler is more than 50% torn down, physically deteriorated or decayed, the nonconforming outdoor wood-fired boiler shall be removed and/or replaced with an outdoor wood-fired boiler that complies with all of the regulations of this Part applicable to newly installed outdoor wood-fired boilers.
[Ord. 2011-01, 7/11/2011, § 7]
1.
No person shall install an outdoor wood-fired boiler following the effective date of this Part unless a permit is first obtained from the Township. The applicant for such a permit shall:
A.
Present a written application on a form prepared by the Township and pay the application fee as established by resolution of the Board of Supervisors from time to time.
B.
Present a plan showing all property lines, the locations of all dwellings or occupied buildings on adjoining properties and the proposed location of the outdoor wood-fired boiler.
C.
Present evidence that the applicant has obtained all other permits required for the installation of the proposed outdoor wood-fired boiler, including, but not limited to, zoning permit(s) and building permit(s) for the installation and construction of the outdoor wood-fired boiler to the mechanical system of the structure it will serve.
D.
Demonstrate compliance with the requirements of this Part, including, but not limited to, the setback and Stack height regulations.
E.
Provide a copy of the manufacturer's specifications and instructions along with a statement signed by the applicant indicating that the applicant agrees to comply with the manufacturer's specifications and instructions and not alter the outdoor wood-fired boiler at any time.
F.
Be signed by all owners of the property on which the outdoor wood-fired boiler will be located and the contractor installing the outdoor wood-fired boiler.
2.
Submission of the permit application shall be deemed to be an express authorization from the owner for Township Zoning Officer, and any other Township official, to enter property and inspect the outdoor wood-fired boiler to determine compliance with the terms of this Part.
3.
Failure to obtain the required permit prior to installation of an outdoor wood-fired boiler shall be a violation of this Part.
[Ord. 2011-01, 7/11/2011, § 8]
1.
The Township's Zoning Officer, or other agent designated by the Township, shall have the power and duty to administer and enforce the provisions of this Part.
2.
The Zoning Officer may issue such orders as are necessary to aid in the enforcement of the provisions of this Part. These orders may include, but shall not be limited to, orders requiring persons to cease unlawful use of outdoor wood-fired boilers, which is in violation of any provision of this Part, orders to take corrective action, orders to abate a public nuisance and/or orders requiring production of information.
3.
An order issued under this section shall take effect upon written notice, unless the order specifies otherwise or a timely appeal of such order is filed.
4.
The authority of the Zoning Officer to issue an order under this section is in addition to any remedy or penalty that may be imposed pursuant to this Part. The failure to comply with any such order is hereby declared to be a public nuisance.
[Ord. 2011-01, 7/11/2011, § 9; as amended by A.O.]
1.
Criminal Penalties. 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 less than $100 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 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. The Township Solicitor's office may assume charge of the prosecution without the consent of the District Attorney as required under the applicable Pennsylvania Rules of Criminal Procedure relating to trial in summary cases. All fines and penalties collected for any violation of this Part shall be paid to the Township and delivered to the Township treasurer for deposit. [A.O.]
2.
Civil Penalties. Any person, firm or corporation who fails to comply with any or all of the requirements or provisions of this Part, or who fails or refuses to comply with any notices, order or direction of the Zoning Officer, or any other authorized Township employee, 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. Any person who violates this Part shall also be liable for all costs and expenses incurred by the Township in the enforcement of this Part, including, but not limited to, court costs and reasonable attorneys' fees incurred by the Township. 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. [A.O.]
3.
Enforcement in Equity. In addition to or in lieu of an enforcement action before a magisterial district judge or imposition of civil penalties, the Township may enforce this Part as an equity action in the Northampton County Court of Common Pleas.
4.
Separate Offenses. Each day or any portion thereof in which a violation is found to exist shall be considered a separate offense under this Part. Likewise, each section of this Part which is found to be violated shall be considered a separate offense.
[Ord. 2011-01, 7/11/2011, § 10]
It shall be unlawful for any person to fail to comply with or cause or assist in the violation of any provisions of this Part or fail to comply with any order issued by or on behalf of the Township pursuant to this Part. It shall be unlawful for any person to cause a public nuisance by violating the provisions of this Part. In addition, it shall be unlawful for any person to hinder, obstruct, prevent or interfere with the Township, the Zoning Officer or any other Township personnel in the performance of any duty hereunder, including, but not limited to, denying the Zoning Officer access to the property to inspect or otherwise observe any outdoor wood-fired boiler.
[Ord. 2011-01, 7/11/2011, § 11]
A violation of this Part or of any order issued by the Township pursuant to the provisions of 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 the event that the person fails to abate the public nuisance, the Township shall have the authority to enter upon the property and abate the public nuisance. The Township shall be entitled to recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in this Part.
[Ord. 2011-01, 7/11/2011, § 12]
The Township, and its boards, committees and commissions, their elected and appointed officials and their employees, contractors and other professional consultants, engineers, solicitors, managers, representatives, advisors, predecessors, successors, agents, independent contractors, insurers and assigns shall not be liable or responsible for damages to any person or property caused by, resulting from, relating to or arising out of the issuance of any permit under this Part or by reason of the conduct of any activity undertaken pursuant to this Part.
[Ord. 2010-07, 12/13/2010, § 1]
This Part shall be known as the "2010 Lower Mount Bethel Township Burning Ordinance."
[Ord. 2010-07, 12/13/2010, § 2]
This Part is enacted pursuant to the authority of the Act of Assembly of May 1, 1933, P.L. 103, as amended.
[Ord. 2010-07, 12/13/2010, § 3]
When used in this Part, the following words, terms, and phrases shall have the following meanings respectively ascribed to them, unless the context clearly indicates otherwise:
The act of consuming by fire; to flame, char, scorch, or blaze. As used in this Part, smoldering shall have the same meaning as burning and any smoldering shall be deemed a burning. The terms "burn" and "burned" shall have the same meaning as burning.
An area-wide prohibition on all outdoor burning imposed by a government body or authority, whether local, state, or federal.
Trees, shrubs and other vegetation which are cleared from land during or prior to the process of construction. The terms does not include demolition wastes and dirt laden roots.
Waste which is generated as the result of construction or demolition, which shall include, however, is not limited to, shingles, paint, siding, insulation, metals, carpet, flooring, all solid or liquid material or rubbish, plastic products, cartons, grease, oil and other petroleum products, chemicals, cinders, and other forms of solid or liquid waste materials.
Waste which is generated from the normal residential occupancy of a structure, occupied solely as a dwelling by two families or less, including, but not limited to, all animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food. The term does not include appliances, construction waste, furniture, mattresses or box springs, putrescible waste, solvents, tires or treated wood.
The person(s) appointed by the Lower Mount Bethel Township Board of Supervisors in accordance with the Pennsylvania Emergency Management Services Code, 35 Pa.C.S.A. § 3101 et seq.
The fire company officially recognized by the Lower Mount Bethel Township Board of Supervisors from time to time.
Responsible party for a subject property, including, but not limited to, the record owner of the property and/or any tenant of the property.
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.
An outdoor fire set solely for cooking, aesthetics, recreational and/or social gathering purposes, and not for the purpose of disposing of yard waste, which fire burns in an outdoor fire place, wood stove, chimineas, patio heater, fire pit, permanent or temporary fire ring with a defined barrier or similar fire proof structure intended to prevent the spread of fire.
Clear glass containers, brown glass containers, green glass containers, aluminum cans, bimetal cans, plastic containers, newspapers and corrugated paper (cardboard).
An individual 18 years or older who is not under the influence of drugs or alcohol or suffering from any other disability which would impair his or her ability to properly supervise and physically manage a fire.
Leaves, grass clippings, garden residue, tree trimmings, brush, chipped shrubbery and other vegetative material not otherwise fitting within the definition of clearing and grubbing waste.
[Ord. 2010-07, 12/13/2010, § 4]
No person shall set or maintain any fire upon any street, sidewalk, alley or public ground within the Township of Lower Mount Bethel, or burn or cause to be burned thereon any substance or material of any kind. The Board of Supervisors retains the right to waive the restriction found in this section in its sole and absolute discretion.
[Ord. 2010-07, 12/13/2010, § 5]
1.
No person shall set or maintain any fire, or burn or cause to be burned any substance or material of any kind on private property unless in strict compliance with the following regulations:
A.
All fires may only be ignited by a responsible adult. All fires must be attended at all times by at least one responsible adult.
B.
Prior to igniting a fire, the area around the fire shall be raked and free of leaves, twigs, and other combustible material for a distance of 10 feet.
C.
An adequate supply of water or fire extinguishers sufficient to extinguish the fire must be kept in close proximity to the fire.
D.
No fires may be ignited, maintained, or allowed to smolder during burning bans.
E.
All fires must be extinguished by sunset prevailing local time.
F.
Prior to burning, the owner shall secure permission from the Fire Chief or Assistant Fire Chief of the Fire Department at least 24 hours in advance. Permission shall only be given after the Fire Chief or the Assistant Fire Chief has concluded that such burning can be done in a safe manner that does not constitute a nuisance and/or jeopardize the health, safety and welfare of Township residents.
[Ord. 2010-07, 12/13/2010, § 6]
1.
Notwithstanding any regulations found in § 10-205 above, recreational fires are permitted on private property at any time, provided that the burning associated with a recreational fire shall:
[Ord. 2010-07, 12/13/2010, § 7]
1.
The following materials shall not be burned in Lower Mount Bethel Township at any time, under any circumstance:
[Ord. 2010-07, 12/13/2010, § 8]
1.
The Lower Mount Bethel Township Board of Supervisors authorizes the Fire Department to establish a burning ban when conditions are present that represent a greater risk to the public's health and safety. The Lower Mount Bethel Township Board of Supervisors also authorizes the Emergency Management Coordinator to establish a burning ban, if he or she deems it to be in the best interest of the health, safety and welfare of the residents. A burning ban shall be publicly advertised in a newspaper of general circulation in the Township by the individual establishing the burning ban and the removal of the burning ban shall be publicly advertised in a newspaper of general circulation in the Township.
2.
During a burning ban, all burning on private property shall constitute a violation of this Part.
3.
No burning shall occur on red flag days as determined by the National Weather Service.
[Ord. 2010-07, 12/13/2010, § 9]
1.
The Board of Supervisors of Lower Mount Bethel Township grants authority of enforcement of this Part to the following officers of the designated Fire Department: Fire Chief, 1st Assistant Chief, 2nd Assistant Chief, Lieutenant and Captain, as well as the designated Township Zoning Officer.
2.
The designated enforcement officers may:
A.
File the appropriate citations with the magisterial district judge and attend legal proceedings on behalf of the Township in exercising enforcement of this Part.
B.
Enter and inspect, pursuant to consent or appropriate legal authorization, any building, property, premise or place for the purpose of investigating an actual or suspected source of burning or for the purpose of ascertaining compliance or noncompliance with any regulation of this Part.
C.
Send written notice of any violation of this Part to the person responsible for the violation.
[Ord. 2010-07, 12/13/2010, § 10; as amended by A.O.]
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 less than $100 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 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. The Township Solicitor's office may assume charge of the prosecution without the consent of the District Attorney as required under the applicable Pennsylvania Rules of Criminal Procedure relating to trial in summary cases. All fines and penalties collected for any violation of this Part shall be paid to the Township and delivered to the Township Treasurer for deposit.
[Ord. 2010-07, 12/13/2010, § 11]
1.
In addition to or in lieu of an enforcement action before a magisterial district judge, the Township may enforce this Part as an equity action in the Northampton County Court of Common Pleas. In the event an abatement notice has been issued which is being violated, or in any other appropriate circumstance, any official designated by this Part is authorized on behalf of the Township to institute an action in equity for an injunction to enforce compliance herewith and/or to restrain continuous violations of this Part.
2.
In the case of a burning requiring firefighters and/or equipment and upon conviction of any violation of this Part and/or upon being found to be in violation of this Part in a civil action, the owner shall also pay charges in order to cover the firefighting costs, including, but not limited to, the following fire fighting equipment, pumpers, tankers, chain saws, etc. Additional labor charges shall be assessed under this Part based upon an hourly rate for all firemen engaged in the firefighting activities, The Board of Supervisors shall determine by resolution a reasonable schedule of costs based upon mileage, operating costs and fire fighting equipment and man hours. These charges shall be in addition to and not in lieu of any penalties provided elsewhere in this Part.
3.
The owner shall be also liable for damage to any equipment of the Township or the Fire Department utilized in response to a burning that is determined to be in violation of this Part.
4.
The Board of Supervisors of Lower Mount Bethel Township authorizes the Solicitor's office to seek restitution of damages and payment of any costs chargeable to a violator of this Part as set forth in this section, including collection of reasonable attorneys' fees incurred by the Township in prosecuting any civil action under this Part, all in the appropriate method prescribed by the laws of the Commonwealth of Pennsylvania.