[HISTORY: Adopted by the Board of Supervisors of the Township of Polk 1-23-2023 by Ord. No. 2023-02. Amendments noted where applicable.]
This chapter shall be known as the "Polk Township Outdoor Wood-Fired Boilers Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
OUTDOOR WOOD-FIRED BOILER
A fuel-burning device designed to:
A. 
Burn wood or manufacturer-approved products; and
B. 
That the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., garages); and
C. 
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; and
D. 
Is a Phase 2 outdoor wood-fired boiler.
A. 
For any outdoor wood-fired boiler to be erected on property after the effective date of this chapter, a permit will be obtained for the same from Polk Township.
B. 
A permit must be applied for on an application form supplied by the Township, with the appropriate fee paid at the time such application is submitted.
C. 
It shall be unlawful for any property owner to install an outdoor wood-fired boiler without first obtaining a permit from the Township authorizing installation.
A. 
All outdoor wood-fired boilers must be installed a minimum of 150 feet from the nearest property line.
B. 
All outdoor wood-fired boilers shall have a permanently attached stack that meets the following requirements:
(1) 
Extends a minimum of 10 feet above the ground.
(2) 
Is installed according to the manufacturer's specifications.
C. 
This section is made to be consistent with Pennsylvania state law and regulations with regard to outdoor wood-fired boilers presently codified at 25 Pa. Code § 123.14. Should the regulations change or be amended with regard to the specifications set forth in Subsection A or B above, such changes or amendments shall immediately, and without further amendment of this chapter, supplant and replace the specifications set forth in those above subsections.
A. 
Only one of the following fuels may be used:
(1) 
Clean wood;
(2) 
Wood pellets made from clean wood;
(3) 
Home heating oil, natural gas or propane that complies with all applicable sulfur limits and is used as a starter or supplemental fuel for dual-fired outdoor wood boilers;
(4) 
Other types of fuel approved, in writing, by the Pennsylvania Department of Environmental Protection upon receipt of a written request.
B. 
Any and all other fuels may not be burned in an outdoor wood-fired boiler.
A. 
Any person violating any provisions 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, shall be sentenced to pay a fine of not less than $250 nor more than $1,000, plus costs of prosecution; and
B. 
In addition to an enforcement action brought before a Magisterial District Judge, the Township may enforce this chapter with an action in equity after an abatement notice has been issued to the property owner which has not been complied with; and
C. 
A violation of this chapter shall also constitute a public nuisance.
This chapter shall be effective immediately upon adoption.