[HISTORY: Adopted by the Board of Supervisors of the Township
of Barrett 6-11-2008 by Ord. No.
158; amended in its entirety 4-15-2009 by Ord. No. 161. Subsequent amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Amendment
of Barrett Township Outdoor Wood-Fired Burners Ordinance."
In this chapter, the following terms shall have the following
meanings:
Wood that has no paint, stains, or 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.
The Zoning Officer or other person appointed by the Board
of Supervisors to administer and enforce this chapter, whose duties
shall include responding to resident questions and complaints and
performing other tasks as the Board of Supervisors may assign.
A fuel-burning device designed to:
Burn wood or other approved solid fuels;
That the manufacturer specifies for outdoor installation or
installation in structures not normally occupied by humans (e.g.,
garages); and
Heats 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.
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.
Barrett Township, Monroe County, Pennsylvania.
A.
Any person desiring to install an outdoor wood-fired burner within
the Township shall obtain a permit from the Code Enforcement Officer
and shall pay a permit fee set by the Board of Supervisors by resolution.
The applicant for such a permit shall:
(1)
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 burner. The minimum lot area of the lot
on which the outdoor wood-fired burner may be located is two acres.
(2)
Locate the outdoor wood-fired burner at least 200 feet from any occupied
structure not located on the lot on which the outdoor wood-fired burner
will be located.
(3)
Locate the outdoor wood-fired burner at least 100 feet from all property
lines.
(4)
Present evidence that the applicant has obtained a zoning permit
for the proposed outdoor wood-fired burner.
(5)
Present evidence that the applicant has obtained a Uniform Construction
Code permit for the installation of the outdoor wood-fired burner
and its connection to the mechanical system of the structure it will
serve.
(6)
Provide a copy of the manufacturer's specifications and instructions,
with which applicant agrees to comply and not alter at any time.
(7)
Demonstrate that the outdoor wood-fired burner has been laboratory
tested and listed to appropriate safety standards, such as UL (Underwriters
Laboratories) or ANSI (American National Standards Institute) standards.
(8)
The maximum height of the outdoor wood-fired burner/furnace stack
or chimney shall not exceed 50 feet or the maximum height requirement
in the zoning district in which it is located, whichever is lesser.
The minimum stack or chimney height shall not be less than two feet
above the highest peak of the building to be served by the outdoor
wood-fired burner/furnace, unless installed in accordance with the
chart attached hereto as Exhibit 1 and incorporated by reference.[1]
[1]
Editor's Note: Exhibit 1 is included as an attachment to this chapter.
B.
The application shall be signed by all owners of the lot on which
the outdoor wood-fired burner will be located and the contractor installing
the outdoor wood-fired burner.
A.
The only substances that may be burned in an Outdoor Wood-Fired Burner
are clean wood or any manufacturer-approved substance.
B.
No person shall burn any of the following in an outdoor wood-fired
burner:
(1)
Any wood that does not meet the definition of "clean wood."
(2)
Tires.
(3)
Lawn clippings or yard waste.
(4)
Materials containing plastic.
(5)
Materials containing rubber.
(6)
Waste petroleum products.
(7)
Paints and paint thinners.
(8)
Any type of paper.
(9)
Construction and demolition debris.
(10)
Plywood.
(11)
Particleboard.
(12)
Manure.
(13)
Animal carcasses.
(14)
Asphalt products.
(15)
Used cooking oils.
C.
The outdoor wood-fired burner shall at all times be operated and
maintained in accordance with manufacturer's specifications.
D.
The outdoor wood-fired burner shall be maintained and operated in
compliance with all emissions of air quality standards promulgated
by the U.S. Environmental Protection Administration, the Pennsylvania
Department of Environmental Protection or other relevant state or
federal agency.
E.
The emissions from the outdoor wood-fired burner shall not interfere
with the reasonable enjoyment of life or property of neighbors, cause
damage to vegetation or property of neighbors, or be harmful to human
or animal health.
F.
Any ash or other by products of the operation of the wood-fired burner
shall be disposed of in accordance with any applicable law.
Outdoor wood-fired burners/furnaces shall be operated only between
October 1 and May 31.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
The Township, and its agents, officials and representatives,
shall not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the issuance of any
permit under the provisions of this chapter, or by reason of the conduct
of any burning activity in compliance with the terms and provisions
of this chapter. The person or party responsible for any such fire
shall bear sole liability for any damages caused as a result thereof.
The provisions of this chapter are severable. If any sentence,
clause or section is for any reason found to be unconstitutional,
illegal or invalid, such decision shall not affect the validity of
any of the remaining provisions of this chapter. It is hereby declared
as the legislative intent that this chapter would have been adopted
had such unconstitutional, illegal or invalid provisions not been
included herein.
All ordinances or parts of ordinances in conflict herewith shall
be and the same are hereby repealed. Specifically, Barrett Ordinance
No. 158 is amended and restated as set forth herein.
This chapter shall take effect five days after the date of its
enactment.
