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.
AGRICULTURAL BURNING
Burning occurring on a property with a normal agricultural
operation as defined in the Right to Farm Act (3 P.S. §§ 951
through 957).
AGRICULTURAL COMMODITY
Agricultural, aquacultural, horticultural, viticultural and
dairy products, livestock and the products thereof, ranch-raised furbearing
animals and the products thereof, the products of poultry and bee
raising, forestry and forestry products and any and all products raised
or produced on farms intended for human consumption and the processed
or manufactured products thereof intended for human consumption, transported
or intended to be transported in commerce.
BRUSH
Bushes, shrubs, thickets, tree trimmings, hedge clippings
and small trees.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
NONORGANIC MATERIAL
Material derived or formed from inanimate objects, other
than vegetables, such as tin cans, glass crockery, metals, plastic
and similar materials.
OPEN BURNING
Burning any material in the open atmosphere, including burning
in fifty-five-gallon drums, 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 Exeter Township
under the Pennsylvania Act 101 including scrap lumber (nontreated/painted) and brush.
YARD WASTE
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery and other vegetative material.
Outdoor fireplaces and charcoal grills shall be permitted upon
private property within Exeter Township solely for the purpose of
cooking food. The following regulations shall apply:
A. No person shall use such fireplaces or grills for the burning of materials as outlined in §
136-2A 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.
D. Outdoor fireplaces and charcoal grills shall be at least seven feet
from the property line.
E. Burning in an outdoor fireplace or grill is permitted outside of
daylight hours.
F. If smoke, ash, or smell emitting from such patio stoves, chimneys,
or factory-built novelty stoves becomes objectionable or offensive
to neighboring properties, the AHJ may suspend the operation of same.
Outdoor patio stoves, chimneys, or factory-built metal novelty
stoves shall be permitted outside residential private property within
all zones of Exeter Township, provided that the following regulations
apply.
A. No persons shall use such patio stoves, chimneys or factory-built novelty stoves for the burning of any material outlined in §
136-2A of this chapter.
B. Outdoor patio stoves, chimneys or factory-built metal novelty stoves
shall be at least seven feet from the property line.
C. Burning in an outdoor patio stove, chimney or factory-built novelty
stove is permitted outside of daylight hours.
D. If smoke, ash, or smell emitting from such patio stoves, chimneys,
or factory-built novelty stoves becomes objectionable or offensive
to neighboring properties, the AHJ may suspend the operation of same.
Fireplaces and woodburning or coal stoves shall be permitted
inside residential private property within all zones of Exeter Township
solely for the purpose of heating the dwelling unit. The following
regulations shall apply:
A. Only seasoned firewood, coal or solid fuels recommended by the manufacturer
may be burned in such fireplaces, wood-burning or coal stoves or solid-fuel
heaters.
B. No person may use such fireplaces, wood-burning or coal stoves or solid-fuel heaters for the burning of any material as outlined in §
136-2A of this chapter.
C. Such fireplaces, wood-burning or coal stoves or solid-fuel heaters
shall not be used for such purpose when, in the judgment of AHJ, a
fire hazard is created by such use and operation and/or any danger
is posed to the occupants therein or the neighboring buildings and/or
occupants.
D. If the smoke, ashes and/or smell emitting to the outside atmosphere
from the chimney, stove pipe or flue are objectionable or offensive
to the general public, the operation of such fireplace, wood-burning
or coal stove or solid-fuel heater shall be suspended by the AHJ.
It shall be lawful to burn combustible rubbish and materials
within Exeter Township by means of an enclosed outdoor or indoor incinerator
operated by chemical or thermal means, provided the incinerator is
attached to a proper stack or chimney and complies with the current
Exeter Township ICC codes, and provided the following regulations
are adhered to:
A. The incinerator shall be the type approved by an authorized representative
of the Pennsylvania Department of Health and the Pennsylvania Department
of Environmental Protection. Both of the above departments shall give
evidence of approval in written certification of inspection, and approval.
B. All owners of property within Exeter Township on or in which there
exists an incinerator shall advise the Township office of such incinerator
and the location of the same.
C. The AHJ may terminate the use of any incinerator when found to be faulty or for the reasons stated in §
136-2B(1) and
(2) of this chapter.
Ashes, smoldering coals, wood and embers or other material liable
to spontaneously ignite shall not be deposited or allowed to remain
within 15 feet of any combustible materials but shall be deposited
in noncombustible containers. Rubbish of any kind shall not be allowed
to accumulate.
All permits required under any provisions of this chapter shall
be issued in accordance with Section 105 of the International Fire
Code adopted by Exeter Township with the following provisions.
A. An open burning permit shall be obtained from the Township office
a minimum of 48 hours prior to burning. The applicant shall provide
name, address, phone number, the purpose for the permit and attach
a drawing of the proposed burning site.
B. Permits to burn the first full weekend of the month may be obtained
for a single month or for an entire calendar year. Other open burning
permits must be obtained for each special event (i.e., bonfires, campfires
and cookouts).
C. For agricultural burning, permits must be obtained and notice shall be provided to the Berks County Department of Emergency Services as required in §
136-3 of this chapter.
D. Before the permit is issued, an inspection may be made by the AHJ
to assure that the use of the permit complies with the provisions
of the chapter and the International Fire Code.
E. Any permit issued may be revoked for the protection of life or property
or to prevent or abate the nuisances caused by such burning. (A nuisance
would be defined as ash fallout or smoke accumulation in the area
of residential occupancies.)
F. If a person starts a fire without a permit or if a permit holder
fails to comply with any term or condition of the permit, and as a
result of that failure the Fire Department is required to suppress
a fire, the person or permit holder is liable for the cost of fire
suppression and subject to fines in District Court.
G. Permit fees will be set from time to time by a duly adopted resolution
of the Board of Supervisors.
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 District Justice, be subject to the payment of a fine of not less
than $300 nor more than $1,000, and the payment of costs of prosecution
for each offense, or shall be subject to imprisonment for a period
not exceeding 30 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.