[Ord. No. 1-2011, 4/12/2011]
This Part shall be known as the "Sugarloaf Township Outdoor Wood-Fired Burner/Furnace Ordinance."
[Ord. No. 1-2011, 4/12/2011]
Although outdoor wood-fired burners/furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and potential health effects of uncontrolled emissions. This Part is intended to ensure that outdoor wood-fired burners/furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of Sugarloaf Township.
[Ord. No. 1-2011, 4/12/2011]
As used in this Part, the following terms shall have the meanings indicated:
CLEAN WOOD
Wood that does not have paint, stains, in other types of coatings, and wood that has not been treated with substances, including, but not limited to, copper arsenate, creosote, or pentachlorophenol, and wood pellets made from clean wood.
CODE ENFORCEMENT OFFICER
The Zoning Officer or other person appointed by the Supervisors to administer and enforce this Part, whose duties shall include responding to resident questions and complaints and performing other tasks as the Supervisors may assign.
EXISTING OUTDOOR WOOD-FIRED BURNER/FURNACE
An outdoor wood-fired burner/furnace that was purchased and installed prior to the effective date of this Part.
OUTDOOR WOOD-FIRED BURNERS/FURNACES
A fuel burning device designed to:
1. 
Burn wood or other manufacturer-approved fuel products (i.e., corn and coal);
2. 
That the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., garages); and
3. 
Heat building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture.
PERSON
Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, governmental entity or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
STACK OR CHIMNEY
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid-fuel-fired heating device or structure, including that part of the structure extending above a roof.
[Ord. No. 1-2011, 4/12/2011]
1. 
Any person desiring to install an outdoor wood-fired burner/furnace within Sugarloaf Township shall obtain a permit from the Zoning Officer and shall pay a permit fee set by the Supervisors by resolution.
2. 
Commencing upon the effective day of this Part, prior to October 1 of each calendar year, the owner of the lot upon which an outdoor wood-fired burner/furnace is located shall apply for an operating permit, which shall be valid for the period from October 1 through May 1 of the following calendar year. The owner shall pay all fees imposed by Sugarloaf Township for the application for such operating permit and the inspection of the outdoor wood-fired burner/furnace to determine compliance with this Part.
[Amended by A.O.]
[Ord. No. 1-2011, 4/12/2011]
1. 
A permit issued pursuant to this Part may be suspended as the Zoning Officer or other person appointed by the Supervisors to administer and enforce this Part may determine to be necessary to protect the public health, safety and welfare of the residents of Sugarloaf Township if any of the following conditions occur:
A. 
Malodorous air contaminants from the outdoor wood-fired burner/furnace are detectable outside the property of the person on whose land the outdoor wood-fired burner/furnace is located;
B. 
The emission from the outdoor wood-fired burner/furnace interferes with the reasonable enjoyment of the neighboring property.
C. 
The emissions from the outdoor wood-fired burner/furnace cause damage to vegetation on neighboring property.
D. 
The emissions from the outdoor wood-fired burner/furnace are or may be harmful to human or animal health.
E. 
The burning of any material referenced in Subsection 3 of § 7-409 of this Part.
2. 
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this Part, subject to the penalties provided within this Part.
[Ord. No. 1-2011, 4/12/2011]
Any outdoor wood-fired burners/furnaces in existence on the effective date of this Part shall be permitted to remain, provided that the owner applies for and receives a permit from the Zoning Officer within one year of the effective date of this Part. If the owner of an existing outdoor wood-fired burner/furnace does not receive a permit within one year of the effective date of this Part, the outdoor wood-fired burner/furnace shall be removed and is subject to the regulations provided for in § 7-407 of this Part.
[Ord. No. 1-2011, 4/12/2011]
1. 
Any person desiring to install an outdoor wood-filed burner/furnace within the municipality shall obtain a permit from the Zoning Officer. The applicant for such a permit shall meet the following requirements:
A. 
Present a plan showing all property lines, the locations and distances of all dwellings or occupied buildings on adjoining properties, and the proposed location of the outdoor wood-fired burner/furnace.
B. 
Locate the outdoor wood-fired burner/furnace at least 250 feet from any occupied structure not located on the lot on which the outdoor wood-fired burner/furnace will be located.
C. 
Locate the outdoor wood-fired burner/furnace at least 150 feet from all property lines.
D. 
The outdoor wood-fired burner/furnace shall have a stack or chimney that extends to a minimum height of the residential structure roof peak of which the outdoor wood-fired burner/furnace is servicing, plus two feet. If there are any residential structures within 250 feet, the stack or chimney shall extend at least as high above the ground surface as the height of the roof peaks of all such residences plus two feet. The maximum height of the outdoor wood-fired burner/furnace stack or chimney shall not exceed 50 feet and shall not exceed the maximum height requirement in that specific zoning district. Should a new residential structure be built, or an existing residential structure be modified within the 250-foot radius, the outdoor wood-fired burner/furnace stack or chimney height shall be raised to match the height of the new or modified structure, up to the maximum height indicated above.
E. 
Present evidence that the applicant has obtained a Uniform Construction Code permit for the installation of the outdoor wood-fired burner/furnace and its connection to the mechanical system of the structure it will serve.
F. 
Provide a copy of the manufacturer's specification and instructions, which the applicant agrees to comply with and not alter at any time.
G. 
Demonstrate that the outdoor wood-fired burner/furnace has been laboratory tested and listed to comply with appropriate safety standards such as UL (Underwriters Laboratories) or ANSI (American National Standards Institute) standards.
H. 
All outdoor wood-fired burners/furnaces shall be equipped with properly functioning spark arrester.
2. 
The application shall be signed by all owners of the lot on which the outdoor wood-fired burner/furnace will be located and the contractor installing the outdoor wood-fired burner/furnace.
[Ord. No. 1-2011, 4/12/2011]
If an outdoor wood-fired burner/furnace is replaced or upgraded, a permit shall be required pursuant to § 7-404 of this Part and shall comply with all sections of this Part.
[Ord. No. 1-2011, 4/12/2011]
1. 
The only substance that may be burned in an outdoor wood-fired burner/furnace is clean wood (see definition, § 7-403 of this Part).
2. 
Outdoor wood-fired burners/furnaces shall only be permitted to operate between October 1 through May 1 of the following year.
3. 
No person shall burn any of the following in an outdoor wood-fired burner/furnace:
A. 
Any wood that does not meet the definition of clean wood.
B. 
Tires.
C. 
Lawn clippings or yard waste.
D. 
Rubbish or garbage, including but not limited to food wastes, food packaging or food wraps.
E. 
Materials containing plastic.
F. 
Materials containing rubber.
G. 
Waste petroleum products.
H. 
Paint and paint thinners.
I. 
Any type of paper/cardboard.
J. 
Construction and demolition debris (such as shingles).
K. 
Plywood or other composite wood products.
L. 
Particleboard.
M. 
Manure.
N. 
Animal carcasses.
O. 
Asphalt products.
P. 
Used cooking oils.
4. 
The outdoor wood-fired burner/furnace shall at all times be operated and maintained in accordance with the manufacturer's specifications.
5. 
The outdoor wood-fired burner/furnace shall be maintained and operated in compliance with all emissions and air quality standards promulgated by the United States Environmental Protection Agency, the Pennsylvania Department of Environmental Protection or other relevant state or federal agency.
6. 
Any ash or other by-products from the operation of the outdoor wood-fired burner/furnace shall be disposed of in accordance with all applicable laws.