[HISTORY: Adopted by the Board of Supervisors of the Township
of Weisenberg 9-11-2006 by Ord.
No. 06-03. Amendments noted where applicable.]
This chapter shall be known as the "Outdoor Fuel-Burning Appliance
Ordinance of the Township of Weisenberg."
A.
Residences, commercial and industrial establishments situated within
the Township are entitled to clean air and environmental circumstances
free of unreasonable dust, obnoxious odors, noxious fumes and smells,
as well as an environment free of stored debris and storage of combustible
solid fuels in adjacent or exposed exterior areas within populated
areas.
B.
Research indicates outdoor fuel-burning appliances cause emissions
that cross property lines, because the smoke stays close to the ground
it can easily reach humans working or playing outdoors or penetrate
neighboring buildings. They also cause problems with smoke visibility.
The low-lying smoke can worsen cardiovascular problems such as angina,
irritate eyes and lungs, trigger headaches and worsen respiratory
diseases such as asthma, emphysema and bronchitis.
C.
This chapter is intended to ensure that exterior furnaces or exterior
burning devices, the primary purpose of which is to convert solid
combustible fuel into a heat or energy source for interior spaces
for all residences, commercial and industrial establishments, are
utilized in a manner that does not create a nuisance and are not detrimental
to the health, safety and general welfare of the residents of Weisenberg
Township.
As used in this chapter, the following terms shall have the
meanings indicated:
A device including any furnace, stove or boiler designed
and constructed to burn solid fuels including, wood, coal or other
solid fuels manufactured for placement outdoors for the heating of
the living area of a structure. An outdoor fuel-burning appliance
utilizing a heat pump or that uses the following fuel sources: solar
energy, electric, oil, propane gas, or natural gas will not be included
in this definition and are exempt from the regulation provided in
this chapter. A stack is any vertical structure enclosing a flue or
flues that carry off smoke or exhaust from an outdoor fuel-burning
appliance.
No person shall cause, allow, or maintain the use of an outdoor
fuel-burning appliance within Weisenberg Township without first having
obtained a permit from the Township Manager. The application for a
permit shall be made on forms provided by Weisenberg Township and
include the following.
A.
The manufacturer, make and model of the outdoor fuel-burning appliance;
B.
A listing of all of the solid fuels that will be burned by the outdoor
fuel-burning appliance;
C.
The street address of the property where the outdoor fuel-burning
appliance will be used; and
D.
All such other information that the Township Manager deems necessary
in order to determine whether use of an outdoor fuel-burning device
would create a nuisance or be detrimental to the health, safety and
general welfare of the residents of Weisenberg Township.
[Amended 5-14-2007 by Ord. No. 07-3]
Use of any outdoor fuel-burning appliance shall be subject to
the following general regulations:
A.
Permitted fuels. Any fuels permitted to be burned pursuant to 25
Pa. Code § 123.14(f), as amended. The burning of any and
all other materials in an outdoor fuel-burning appliance is prohibited.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Permitted zones. Outdoor fuel-burning appliances shall be permitted
only in the Rural (R) and Rural Conservation (RC) Zoning Districts
as shown on the Official Zoning Map of Weisenberg Township.
C.
Setbacks. Outdoor fuel-burning appliances shall be set back not less
than 100 feet from the nearest lot line.
D.
Months of operation. Outdoor fuel-burning appliances shall be used
only between September 1 and May 31 of each year.
E.
Stack location.
(1)
Any stack must be in compliance with the following requirements:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
If located 15 feet or less to any structure, including, but
not limited to, a residence served by the outdoor fuel-burning appliance,
the stack must be at least three feet higher than the highest point
of the structure;
(b)
If located 200 feet or less to any residence not served by the
outdoor fuel-burning appliance, the stack must be at least two feet
higher than the peak of the roof of that residence; and
(c)
In any event, the stack must be no less than a minimum of 10
feet in height and must be permanently attached to the boiler.
(2)
Notwithstanding the foregoing, in no event shall the stack height
for any outdoor fuel-burning appliance be less than the manufacturer's
guidelines.
F.
Non-Phase
2 boilers prohibited. In accordance with 25 Pa. Code § 123.14,
installation of any boilers other than Phase 2 outdoor wood-fired
boilers is prohibited.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
A permit issued pursuant to this chapter may be suspended as the
Township Manager may determine to be necessary to protect the health,
safety and general welfare of the residents of Weisenberg Township
if any of the following conditions occurs:
(1)
Malodorous air contaminants from the outdoor fuel-burning appliance
are detectable outside of the property on which said appliance is
located;
(2)
The emissions from the outdoor fuel-burning appliance interfere with
the reasonable enjoyment of life or property;
(3)
The emissions from the outdoor fuel-burning appliance cause damage
to vegetation or property; or
(4)
The emissions from the outdoor fuel-burning appliance are or have
the potential to be harmful to human or animal health.
B.
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 reoccur. Reoccurrence of a condition which
has previously resulted in suspension of a permit shall be considered
a violation of this chapter subject to the penalties provided herein.
[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.
If any sentence, clause, section or part of this chapter is
for any reason be found to be unconstitutional, illegal or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of Weisenberg
Township that this chapter would have then adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
[Amended 5-14-2007 by Ord. No. 07-3]
This chapter shall not be construed to be retroactive and shall
not require the removal of any outdoor fuel-burning appliance in existence
within the Township at the effective date of this chapter. All outdoor
fuel-burning appliances in existence at the effective date of this
chapter shall have or must erect a stack which has a height at least
i) three feet higher than the highest point of any structure that
is located within 15 feet or less of said appliance and ii) two feet
higher than the peak of the roof of any residence not served by the
outdoor fuel-burning appliance that is located within 200 feet of
said appliance. The existing appliance may not be replaced and if
it is not utilized for a period of one year, it will be deemed abandoned
and must be removed. If an existing outdoor fuel-burning appliance
is more than 50% torn down, physically deteriorated, or decayed, any
rebuilding or restoration of said outdoor fuel-burning appliance shall
be a violation of this chapter.
All ordinances and parts of ordinances which are inconsistent
herewith are hereby repealed.
This chapter shall become effective five days from the date
of enactment.
