[Ord. 2010-1, 6/1/2010]
For the purpose of this Part, the following terms, phrases, words, or their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number and the word "shall" is always mandatory and not merely directory:
BOROUGH COUNCIL
The Borough Council of the Borough of Jonestown, Lebanon County, Pennsylvania.
CHIMNEY
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a furnace, especially that part of a structure extending above a roof.
CLEAN WOOD
Natural wood that has no paint, stains, or other types of coatings, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
MUNICIPALITY
A city, incorporated town, township, Borough, county, municipal authority, or other public body created under State law having jurisdiction over the disposal of sewage, industrial wastes, or other wastes.
OCCUPIED BUILDING
Any building or structure located in the Borough and possessed by an individual or entity with the intention of occupying said structure now or in the future for any lawful use, including, but not limited to, habitation or some business purpose.
OUTDOOR WOOD-FIRED BOILER
A fuel-burning device designed: (1) to burn clean wood or other approved solid fuels; (2) by the manufacturer specifically for outdoor installation or installation in structures not normally intended for habitation by humans or domestic animals (e.g., garages); and (3) to heat building space and/or water via distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture. Outdoor wood-fired boilers are also known as outdoor wood-fired furnaces, outdoor wood-burning appliances, or outdoor hydronic heaters, etc.
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.
YARD WASTE
Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery, and other vegetative material.
ZONING HEARING BOARD
The duly appointed Zoning Hearing Board of Jonestown Borough.
[Ord. 2010-1, 6/1/2010]
1. 
This Part applies to the installation and use of all outdoor wood-fired boilers within Jonestown Borough.
A. 
This Part does not apply to grilling or cooking appliances using charcoal, wood, propane or natural gas in cooking or grilling appliances.
B. 
This Part does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.
C. 
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. 2010-1, 6/1/2010]
1. 
Outdoor wood-fired boiler may be installed or used in Jonestown Borough only in accordance with all of the following provisions:
A. 
Any person or persons desiring to install or use an outdoor wood-fired boiler shall obtain a permit from the Mayor, or any person(s) the Borough Council may designate. The applicant shall present a plan showing all property lines, the location and distances of all occupied buildings and structures on adjacent properties, and the location of the proposed outdoor wood-fired boiler.
(1) 
The cost of the permit shall be determined and designated by Borough Council by resolution.
(2) 
Failure to obtain a permit shall result in a fine of not greater than $500 and immediate cessation of the use of the outdoor wood-fired boiler.
B. 
The outdoor wood-fired boiler shall be located at least 150 feet from the property line and at least 250 feet from the nearest occupied building not located on the same property as the outdoor wood-fired boiler.
C. 
The outdoor wood-fired boiler shall have a permanent chimney that extends at least 15 feet above the ground. If there are any occupied buildings within 500 feet that are not on the same property as the outdoor wood-fired boiler, the chimney shall also extend at least two feet above the ridgeline of all such occupied buildings.
D. 
The outdoor wood-fired boiler shall have an orange hang tag that signifies that it meets the EPA's standards for Phase 1 air emission levels of 0.60 pounds of fine particulates per million BTU heat input and qualifies for the EPA's voluntary program.
E. 
The outdoor wood-fired boiler shall be used to burn only clean wood. The following materials are specifically prohibited:
(1) 
Any material that does not meet the definition of clean wood.
(2) 
Furniture.
(3) 
Garbage.
(4) 
Tires.
(5) 
Lawn clippings or yard waste.
(6) 
Material containing plastic.
(7) 
Material containing rubber.
(8) 
Waste petroleum products.
(9) 
Paints and paint thinners.
(10) 
Chemicals.
(11) 
Any hazardous waste.
(12) 
Coal.*
(13) 
Glossy colored paper.
(14) 
Construction and demolition debris.
(15) 
Plywood.
(16) 
Particleboard.
(17) 
Salt water driftwood.
(18) 
Manure.
(19) 
Animal carcasses.
(20) 
Asphalt products.
*Coal is permitted to be burned in outdoor wood-fired boilers which are specifically designed and approved by the manufacturer and EPA for burning coal.
F. 
All outdoor wood-fired boilers shall be equipped with properly functioning spark arresters.
G. 
A new permit shall be required in accordance with the provisions of this Part for any upgrade or replacement boiler.
H. 
Ash and any other by-products from the operation of the outdoor wood-fired boiler shall be disposed of in accordance with all applicable laws.
I. 
Outdoor wood-fired boilers shall at all times be operated in accordance with manufacturer specifications and in compliance with all government air quality standards.
[Ord. 2010-1, 6/1/2010]
1. 
The Mayor, or any person(s) the Borough Council may designate, shall enforce this Part in accordance with the requirements of this Part and the Municipalities Planning Code.
2. 
The Mayor, or any person(s) the Borough Council may designate, 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 unlawful use of outdoor wood-fired boilers, which is in violation of any provision of this Part; orders to take corrective action or to abate a public nuisance; or orders requiring production of information. Such an order may be issued if the Mayor, or any person(s) the Borough Council may designate, finds that any person is in violation of any provision of this Part.
3. 
The Mayor, or any person(s) the Borough Council may designate, may require compliance with this Part.
4. 
An order issued under this section shall take effect upon notice, unless the order specifies otherwise. An appeal to the Zoning Hearing Board of the municipality's order shall not act as a supersedeas; provided, however, that, upon application and for cause shown, the Zoning Hearing Board may issue such a supersedeas under rules established by the Zoning Hearing Board.
5. 
The authority of the Mayor, or any person(s) the Borough Council may designate, 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. 2010-1, 6/1/2010]
1. 
Whenever the Mayor, or any person(s) the Borough Council may designate, finds that illegal operation of an outdoor wood-fired boiler is occurring in Jonestown Borough, in contravention of the requirements of § 503 above, the Mayor, or any person(s) the Borough Council may designate, may order the owner or operator to take corrective action in a manner satisfactory to the Mayor, or any person(s) the Borough Council may designate, under the terms and provisions of this Part.
2. 
For purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, the Mayor, or any person(s) the Borough Council may designate, may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of a civil penalty contained in § 506 of this Part.
[Ord. 2010-1, 6/1/2010]
1. 
In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this Part or any order issued pursuant to this Part, the municipality may assess a civil penalty for the violation. The penalty may be assessed whether or not the violation was willful. The civil penalty so assessed shall not exceed $500. Each day that a violation continues shall constitute a separate offense. In determining the amount of the penalty, the municipality shall consider the willfulness of the violation; damage to air, soil, water, or other natural resources of the municipality or their uses; financial benefit to the person in consequence of the violation; deterrence of future violations; cost to the municipality; the size of the source or facility; the compliance history of the source; the severity and duration of the violation; degree of cooperation in resolving the violation; the speed with which compliance is ultimately achieved; whether the violation was voluntarily reported; other factors unique to the owners or operators of the source or facility; and other relevant factors.
2. 
In any case where a penalty for a violation of a Borough ordinance has not been timely paid and the person upon whom the penalty was imposed is found to have been liable therefor in civil proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorney's fees incurred by the Borough in the enforcement proceedings.
[Ord. 2010-1, 6/1/2010]
It shall be unlawful to fail to comply with or to cause or assist in the violation of any of the provisions of this Part or to fail to comply with any order or other requirement of the municipality; or to cause a public nuisance; or to hinder, obstruct, prevent, or interfere with the municipality or its personnel in their performance of any duty hereunder, including denying the Mayor, or any person(s) the Borough Council may designate, access to the source or facility.
[Ord. 2010-1, 6/1/2010]
A violation of this Part or of any order by Jonestown Borough under this Part shall constitute a public nuisance. The municipality shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the municipality may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 506. Whenever the nuisance is maintained or continued contrary to this Part or any order issued pursuant to this Part, the nuisance may be abatable in the manner provided by this Part and/or the Municipalities Planning Code. Any person who causes the public nuisance shall be liable for the cost of abatement.