[HISTORY: Adopted by the Board of Supervisors of the Township
of Salisbury 11-16-2010 by Ord.
No. 11-16-10-2. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Salisbury
Township Open Burning Ordinance."
A.
The DEP has adopted regulations requiring that municipalities other
than counties with a population of greater than 5,000 persons establish
and implement a source separation and recycling program. The 2000
Census determined that the Township had a population of 10,012, and,
therefore, the Township is required to establish and implement such
program.
B.
DEP regulations require that persons shall separate leaf waste from
municipal waste generated at their homes, apartments and other residential
establishments until collection, unless those persons have otherwise
provided for the composting of leaf waste. See 25 Pa. Code § 272.422(a)(2).
C.
DEP has also adopted regulations governing open burning within the
Commonwealth which are found at Chapter 129 of its regulations. Pursuant
to DEP regulations, only limited types of open burning are allowed
within the Commonwealth, and the Township must bring its regulations
into compliance with Chapter 129 of the DEP regulations.
The following words, terms and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings:
The Salisbury Township Board of Supervisors.
Solid waste resulting from the construction or demolition
of buildings and other structures, including, but not limited to,
wood, plaster, metals, asphaltic substances, bricks, block and unsegregated
concrete. The term does not include the following if they are separate
from other waste and are used as clean fill:
The Pennsylvania Department of Environmental Protection or
any agency successor thereto.
All animal and vegetable matter resulting from the handling,
preparation, cooking and consumption of food.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
Any individual, partnership, association, syndicate, company,
firm, trust, corporation, department, bureau or agency.
Garbage and trade waste.
Any business, trade, industry engaged in whole or in part
in salvaging or reclaiming any product or material, including, but
not limited to, metals, chemicals, shopping container or drums.
Includes any structure or appendage to a structure, whether
principal or accessory, constructed or used for a residence, business
establishment, institutional establishment or industrial establishment
or other private or public purpose or which is designed for housing,
shelter, enclosure or support of persons, animals or property of any
kind.
Salisbury Township, Lancaster County, Pennsylvania.
All solid or liquid material or rubbish resulting from construction,
building operations or the prosecution of any business, trade or industry
including, but not limited to, plastic products, cartons, paint, grease,
oil and other petroleum products, chemicals, cinders, junked automobiles
and other forms of solid or liquid waste materials; provided, however,
that trade waste shall not include any coal refuse associated with
the mining or preparation of coal.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery and other vegetative material.
The duly elected Chief of the Gap Fire Company, the duly elected
Chief of the Salisbury Township Fire Co. No. 1 (White Horse Fire Company),
and the Salisbury Township Zoning Officer shall be vested with the
power and duty to enforce the provisions of this chapter.
After the effective date of this chapter no person shall:
A.
Ignite or feed an open fire for the destruction of refuse or in the
conduct of a salvage operation in any public or private place outside
of any building.
B.
Cause, suffer, allow or permit the maintenance of any open fire for
the destruction of refuse or in the conduct of a salvage operation
on any property under his control outside of any building.
C.
Leave an open fire unattended.
D.
Burn any designated recyclable material, including, but not limited
to, yard waste, unless such yard waste is generated in connection
with an agricultural operation.
Any allowed open fire shall be conducted and maintained only
upon the following conditions and subject to the following regulations:
A.
A responsible person shall control and supervise any open fire at
all times.
B.
Open fires are not permitted under conditions of excessive winds
or dryness. Open burning is expressly prohibited during a drought
emergency declared by the Pennsylvania Emergency Management Council,
other agency of the Commonwealth of Pennsylvania or the Board of Supervisors.
C.
Smoke and emissions shall be so controlled as not to be offensive
to others.
D.
Smoke and emissions shall not be detectable outside the property
of the person on whose land the open fire is located.
E.
Open fires other than cooking fires shall be located at least 20
feet from any property line or right-of-way and at least 75 feet from
any structure.
F.
All containers for open fires shall be covered by a screen or wire
mesh to prevent sparks from flying while burning.
G.
All open fires other than cooking fires shall be restricted to daylight
hours between sunrise and sunset.
The following types of open fires are permitted, subject to compliance with all requirements of § 141-6:
A.
Any fire set for the purpose of training and instructing authorized
personnel in firefighting, and training of persons in the use of portable
fire extinguishers.
B.
Any campfire or bonfire solely for organized recreational or ceremonial
purposes.
C.
Any fire maintained for the sole purpose of clearing and grubbing,
provided such fire meets all requirements of 25 Pa. Code § 129.14(d).
Fires for clearing and grubbing shall not be used to burn construction/demolition
waste.
D.
Any fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation,
and provided burning is located 100 feet or more from any building
or structure.
E.
Any fire for the sole purpose to cook food including wood, charcoal,
gas or electric grills.
F.
A fire set for the purpose of burning paper and paper products, when
the fire is on the premises of a structure occupied solely as a dwelling
by two families or less and when the paper and paper products refuse
results from the normal occupancy of the structure.
G.
Any fire set to keep persons warm at a building construction site,
public gathering or other outdoor function, when in the Fire Chief's
opinion it does not create a fire hazard. The open fire shall be containerized
and only wood and wood products may be burned.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation who shall violate any provision
of this chapter, 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
and the Second Class Township Code, shall be sentenced to pay a fine
of not less than $1,000 nor more than $1,000, plus costs and, each
day that a violation of this chapter continues or each section of
this chapter which shall be found to have been violated shall constitute
a separate offense.
