[HISTORY: Adopted by the Board of Commissioners of Colebrookdale Township 4-3-2023 by Ord. No. 1-2023. Amendments noted where applicable.]
[Amended 10-7-2024 by Ord. No. 2-2024]
For the purposes of this chapter, the following terms shall be defined as set forth below, unless a different meaning is plainly required by the context.
APPROVED BURNING BARREL
A solid, sturdy, steel cylindrical barrel with a diameter of 20 inches to 24 inches; a height of 30 inches to 36 inches; a sealed steel bottom; at least eight ventilation holes 0.5 inch to one inch in diameter and four inches to six inches above the bottom of the barrel; each hole spaced evenly around the circumference of the barrel; horizontal rods or pipes to support the burning material one inch above the ventilation holes; and an open top which, during burning, is covered firmly and completely by a steel, spark-arresting screen mesh of not lighter than 14 gauge wire with openings no wider than a quarter inch (0.25 inches).
APPROVED INCINERATOR
An outdoor burning device, specifically approved in writing by a Township Fire Marshal after inspection and review, with a volume no greater that 13,000 cubic inches, and with containment, ventilation, and spark-arresting features similar to those of an approved burning barrel.
BRUSH
Bushes, shrubs, hedge clippings and small trees.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residue, chipped shrubbery and tree trimmings but not including grass clippings.
NONORGANIC MATERIAL
Material derived or formed from inanimate objects, other than vegetable, such as tin cans, glass crockery, metals, plastic, and similar materials.
OPEN BURNING
Burning any material in the open atmosphere, including burning open piles of material, in approved burning barrels, fire pits, outdoor fireplaces, or other containers.
ORGANIC MATERIAL
Material derived from living organisms such as wood, paper, and yard scraps.
PERSON
Any natural person, partnership, firm, association, or corporation.
RECYCLABLE
Any material that is required to be recycled in Colebrookdale Township under the Pennsylvania Act 101,[1] including scrap lumber (nontreated/painted) and brush.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[Amended 10-7-2024 by Ord. No. 2-2024]
The burning of leaf waste is not permitted.
A. 
Open fires and fire pits must be 50 feet away from any occupied building on the property itself, more than 50 feet away from the nearest property line, and more than 200 feet away from the nearest occupied residential dwelling on the property.
B. 
No one shall burn more than two open piles of materials at the same time, nor shall anyone burn any open pile greater than 12 feet wide at any point or greater than six feet tall at any point without the specific approval of the Fire Marshal.
C. 
Notice of open burn shall be given in advance to the Colebrookdale Township Office with the name, date, time, location, nature, and purpose of the bum.
D. 
Approved burning barrels and approved incinerators must not be within 25 feet of any building or other structure, any property line, or on any road, alley, or public walkway, or in any area specifically disapproved by a Township Fire Marshal. The area within five feet of any burning barrel or incinerator shall be completely clear of any combustible materials during burning. No family shall be permitted the use of more than one approved burning barrel or approved incinerator.
Outdoor fireplaces and charcoal grills shall be permitted upon private property within all zones of Colebrookdale Township solely for the purpose of cooking foods. The following regulations shall apply:
A. 
No person shall use such fireplaces or grills for burning of materials as outlined in § 130-2A of this chapter.
B. 
Outdoor fireplaces or outdoor grills shall not be used for such purposes other than cooking food.
C. 
Outdoor grills shall not be used indoors or in any enclosed areas that are not properly ventilated, i.e., garages, etc.
Outdoor patio stoves, chimineas, or factory-built metal novelty stoves shall be permitted outside residential private property within all zones of Colebrookdale Township, provided that the following regulations apply.
A. 
No persons shall use such patio stoves, chimineas or factory-built novelty stoves, for the burning of any material outlined in § 190-2A of this chapter.
B. 
If smoke, ash, or smell omitting from such patio stoves, chimineas, or factory-built novelty stoves, become objectionable or offensive to neighboring properties, the Fire Marshal's Office, police officers or Code Enforcement Officers may suspend the operation of same.
Fireplaces, wood burning, and coal stoves shall be permitted inside residential private property within all zones of Colebrookdale Township solely for the purpose of heating the dwelling unit. The following regulations shall apply:
A. 
No person may use such fireplaces, wood burning, coal stoves or solid-fuel heaters for the burning of any material as outlined in § 190-2A of this chapter.
Outdoor burning shall be prohibited unless otherwise authorized under this chapter or during the following special exceptions:
A. 
As part of the regular operation of a farm but still prohibiting the burning of any material as outlined in § 190-2A of this chapter.
B. 
When an outdoor fire is authorized by a Township Fire Marshal for the burning of native vegetation cleared from land during or prior to the process of construction, but still prohibiting the burning of any material as outlined in § 190-2A of this chapter.
C. 
When burning is otherwise specifically authorized and approved by a Township Fire Marshall.
Ashes, smoldering coals, wood and embers or other material liable to spontaneously ignite, shall not be deposited, or allowed to remain within 10 feet of any combustible materials, but shall be deposited in noncombustible containers, but in no case, less then two feet from any building, wall, or partition. Rubbish of any kind shall not be allowed to accumulate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of this chapter, or neglecting to comply with any order or notice issued pursuant hereto for violation of any section hereto, shall upon conviction before any Magisterial District Judge, be subject to the payment of a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day's continuance of any violation of this chapter shall constitute a separate offense, punishable by a like fine and imprisonment in default of payment thereof.
Should a court of competent jurisdiction declare any section, paragraph, clause, or phrase of this chapter unconstitutional or invalid, the remainder of said chapter shall not be affected thereby and shall remain in full force and effect.
All ordinances or parts of ordinances or resolutions conflicting with the provisions of this chapter are hereby repealed to the extent of such conflict and Ordinance No. 4-95 is specifically repealed in full.