Township of Upper Frederick, PA Chapter 103 Burning, Outdoor

[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Frederick as indicated in article histories. Amendments noted where applicable.]

Article I Open Burning

[Adopted 10-8-1992 by Ord. No. 92-11]

§ 103-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

CONTAINED FIRE

A fire in which any material is burned in a receptacle other than a furnace or incinerator.

DOMESTIC REFUSE

Any waste material normally generated in the operation of a single-family dwelling including, but not limited to, such items as paper products and not including noncombustible material.

FURNACE

Any enclosed device specifically designed for burning any material for the production of heat.

GARBAGE

All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.

GOVERNING BODY

The Board of Supervisors of Upper Frederick Township, Montgomery County, Pennsylvania.

INCINERATOR

Any device specifically designed for the destruction by burning of refuse, sewage sludge or any other combustible material.

OPEN FIRE

A fire in which any material is burned in the open.

PERSON

Any individual, partnership, association, corporation, department, bureau, agency or other legal entity.

REFUSE

Garbage, rubbish and trade waste.

RUBBISH

Solids not considered to be highly flammable or explosive including, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.

SALVAGE OPERATION

Any business, trade or industry engaged, in whole or in part, in salvaging or reclaiming any product or material including, but not limited to, metals, chemicals, shipping containers or drums.

TRADE WASTE

All solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials; provided, that "trade waste" shall not include any coal refuse associated with the mining or preparation of coal.

§ 103-2 Regulations.

[Amended 8-13-1998 by Ord. No. 98-4; 7-11-2002 by Ord. No. 2002-11]

With respect to outdoor burning and the operation of any indoor incinerator within the confines of Upper Frederick Township, no person shall:

A. Ignite or feed an open fire for the destruction of refuse, imported material or in the conduct of a salvage operation in any public or private place outside any building.

B. Cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse, imported material or in the conduct of a salvage operation on any property under his control outside of any building.

C. Cause, suffer, allow or permit the maintenance of any open fire which is started prior to one hour after sunrise or which is not extinguished at least one hour before sunset.

D. Cause, suffer, allow or permit any open burning operation whatsoever if said burning operation is contrary to § 129.14, Chapter 129 of Title 25, Rules and Regulations of the Department of Environmental Protection.

E. Hinder, delay, obstruct, resist, prevent or, in any way, interfere with the fire officers or their assistants in the performance of their duty hereunder, or refuse such personnel, after proper identification, entrance at reasonable hours to any premises.

F. Cause, suffer, allow or permit burning on any street or sidewalk within Upper Frederick Township.

G. Conduct any outdoor burning during periods of high winds, declared drought or weather inversion or other situations deemed hazardous by the Fire Marshal, his officers or the emergency management coordinator.

H. Use petroleum products to start or aid outdoor burning.

I. Conduct outdoor burning without being attended by an individual during the entire period of burning.

§ 103-3 Exceptions.

Subject to the following exceptions:

A. Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for:

(1) The prevention of a fire hazard which cannot be abated by other means.

(2) The protection of public health.

B. Open burning for recreational or ceremonial purposes on the property of recognized Scout camps.

C. Open burning for the cooking of food over a campfire.

D. Open fires may be set with the approval of the Fire Chief of the Upper Frederick Township Fire Department or, in his absence or unavailability, the Assistant Fire Chiefs via Montgomery County radio dispatch; provided:

(1) Leaves, branches and other nonputrescible vegetable matter only are burned and are in piles exceeding five-foot by five-foot by five-foot.

(2) There is no practical available alternative method for disposal of the material to be burned.

(3) No hazardous or other objectionable condition will be created by such burning.

E. Open fires may be set without the approval of the Fire Chief or Assistant Fire Chief of the Upper Frederick Township Fire Department; provided, that only the following items are burned:

(1) Dry twigs, dry branches and other native vegetation in piles not to exceed five feet by five feet by five feet. Piles larger than this shall be permitted only when approved by the Fire Chiefs of the Upper Frederick Township Fire Department.

F. Contained fires may be set without the approval of the Fire Chief or Assistant Fire Chiefs of the Upper Frederick Township Fire Department; provided, that only the following items are burned:

(1) Leaves, branches and other nonputrescible vegetable matter.

(2) Normal household rubbish, but not including cans, bottles, aerosol containers and plastics.

G. Burning for the purpose of instructing personnel in fire fighting, when approved by fire company officers.

§ 103-4 Enforcement.

It shall be the duty of the Upper Frederick Township Fire Marshal to enforce the provisions of this chapter and the rules and regulations contained herein:

A. Receive and initiate complaints or violations of this chapter.

B. Enter and inspect any building, property, premises or place for the purpose of investigating an actual or suspected source of open burning or for the purpose of ascertaining the compliance or noncompliance with any regulation of this chapter.

C. Have access to and require information pertinent to any matter under investigation.

D. Send written notice of any violation of this chapter to the person responsible for the violation.

E. Attend meetings of the Board when requested and file a written report of violation of any regulation of this chapter.

F. Institute prosecution for violation of the regulations of this chapter.

§ 103-5 Regulations pertaining to burning domestic refuse.

The following regulations shall apply to burning domestic refuse:

A. Outdoor burning of domestic refuse shall be in an approved burning barrel or other approved incinerator. An approved burning barrel is a solid, sturdy, steel cylindrical container with a sealed steel bottom with ventilation holes and an open top which, during outdoor burning, is covered firmly and completely by a steel, spark-arresting screen. Other approved incinerators are containers approved in writhing by the Township Fire Marshal after review and inspection, with a volume no greater than fifty-five-gallon drum with containment, ventilation and spark-arresting features similar to those of an approved burning barrel.

B. Outdoor burning of domestic refuse shall be attended at all times by a competent adult. Outdoor burning of domestic refuse shall not be conducted within 25 feet of any building or other structure, or on any road, alley or public walkway, or in any area specifically disapproved by the officers.

C. The area within five feet of any burning barrel or other incinerator shall be completely clear of any combustible material during outdoor burning.

D. Fire extinguishing equipment shall be readily available for use during any outdoor burning.

E. Every outdoor fire shall be started one hour after sunrise and completely extinguished one hour before sunset. No outdoor fire shall be started within an hour of sunset. The officers shall have the right to inspect outdoor burning.

F. No petroleum products may be used to start or aid outdoor burning.

§ 103-6 Violations and penalties.

[Amended 8-13-1998 by Ord. No. 98-4]

A. Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.

B. The Fire Marshal may institute an action in equity for an injunction to restrain continuous violations of this chapter in the event the Fire Marshal has issued an abatement notice which is being violated and which is not then the subject of judicial review.

Article II Outdoor Wood-Fired Boilers

[Adopted 1-8-2009 by Ord. No. 2009-02[1]]

[1] Editor's Note: This ordinance was originally adopted as Ch. 105 but was renumbered to maintain the organizational structure of the Code.

§ 103-7 Title.

This article shall be known and may be cited as the "Upper Frederick Township Outdoor Wood-Fired Boiler Ordinance of 2009."

§ 103-8 Authority.

The Board of Supervisors of Upper Frederick Township, under and by virtue of and pursuant to the authority granted by the Second Class Township Code, and Section 12 of the Air Pollution Control Act (35 P.S. § 4012), does hereby enact and ordain this article.

§ 103-9 Applicability.

This article applies to the installation and use of all outdoor wood-fired boilers within the Township.

A. This article does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.

B. This article 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 article does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

§ 103-10 Definitions.

The following words, terms and phrases, when used in this article, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:

APPEALS BOARD

The Code Appeals Board appointed by the Board of Supervisors.

BOARD OF SUPERVISORS

Board of supervisors of the Township of Upper Frederick.

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, and natural wood that has not been treated with, including, but not limited to, copper chromium arsenate, creosote or pentachlorophenol.

EPA-CERTIFIED

An outdoor wood-fired boiler for which the manufacturer has supplied a certificate of compliance, or other proof of compliance, with EPA recommendations and/or promulgated emission standards for that particular furnace or appliance type and model.

EXISTING OUTDOOR WOOD-FIRED BOILERS

An outdoor wood-fired boiler that is fully installed and/or operational in the Township as of the enactment date of this article.

OUTDOOR WOOD-FIRED BOILER

A. 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.

B. 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.

RESPONSIBLE OFFICIAL

A person designated by the municipality to be responsible for the administration and enforcement of this article.

TOWNSHIP

The Township of Upper Frederick.

YARD WASTE

Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery and other vegetative material.

§ 103-11 Applications and permits.

After the effective date hereof, no outdoor wood-fired boiler shall be maintained, installed or operated in the Township without the owner first submitting an application in accordance with the terms contained herein. The application and permit process is as follows:

A. Any person, business or association (hereinafter referred to as "applicant") who desires to install, maintain or operate an outdoor wood-fired boiler, after the effective date hereof, upon their property in the Township, must complete an application, in writing, and submit it to the Upper Frederick Township Office located at 3205 Big Road, Obelisk, Pennsylvania, 19492, along with the requisite application fee, at least 30 days prior to the desired date of installation or operation. Permit application forms shall be available at the Township Office during regular business hours.

B. The applicant must provide proof that the outdoor wood-fired boiler to be installed, maintained or operated within the Township limits is certified to meet applicable EPA and DEP emission recommendations as amended; said standards must be submitted with the application, unless the outdoor wood-fired boiler is considered by the EPA and DEP to be exempt from certification.

C. The applicant shall submit, with proof of low emissions, a copy of the manufacturer's recommended operating parameters, and all applicable information related to fuels necessary to achieve low emissions. This information, together with any amendments or modifications that may be forthcoming, shall be kept on file at the Township Office, along with copies of the application, permit, proof of certification and all other necessary documents.

D. If an existing chimney is to be utilized, a written statement from the local Fire Chief or Building Code Enforcement Officer stating that the chimney has been inspected and is suitable for use with appropriate fuels shall be submitted with the application. If a new chimney is to be constructed, a building permit shall be required.

E. Within 20 business days of receipt of a complete application, and other required documents as described herein and, if necessary, after a site inspection, a written decision shall be forwarded to the applicant from the Zoning Enforcement Officer, or other responsible official, which either grants or denies a permit to install, operate or maintain the outdoor wood-fired boiler.

F. The applicant may appeal a denial to the Appeals Board in accordance with § 103-16 hereof. Written notice of the request for appeal shall be filed in the Township Office within 10 calendar days of the date of denial, along with all appropriate fees.

G. If the Zoning Officer, or responsible official of the Township, determines that all the provisions of this article and the application process have been met, a permit shall be issued to the applicant to install, operate or maintain the outdoor wood-fired boiler in accordance herewith.

H. If the Zoning Officer, or responsible official of the Township, determines that any person, company or organization is violating a provision or provisions of this article, its permit may be revoked and/or a cease and resist order may be charged against any offending person, company or organization.

I. In the event that an application is denied, a permit is revoked or a cease and desist order is issued, notice shall be given to the applicant, permittee or offending person, company or organization. The notice shall:

(1) Be in writing.

(2) Include a description of the property sufficient for identification.

(3) Include a statement of the reason or reasons why the notice is being issued.

(4) Include a correction order allowing a reasonable time (not to exceed 10 calendar days) for changes and/or corrections to be made to bring the outdoor wood-fired boiler into compliance with the provisions of this article.

§ 103-12 Fees.

Application, permit, inspection, variance and appeal fees shall be set by resolution of the Board of Supervisors.

§ 103-13 Regulations and requirements for outdoor wood-fired boilers.

A. All outdoor wood-fired boilers must meet applicable regulations and recommendations of the EPA and DEP. All outdoor wood-fired boilers shall meet emission certification requirements unless expressly exempted otherwise. The applicant shall have the burden of proving that the outdoor wood-fired boiler it desires to install, operate and maintain meets all existing laws, regulations and certifications.

B. The outdoor wood-fired boiler shall be located at least 500 feet from the nearest building that is not on the same property as the outdoor wood-fired boiler, and the outdoor wood-fired boiler shall be located at least 300 feet from the property line.

C. All noncatalytic outdoor wood-fired boilers must be certified not to exceed EPA particulate matter emission standards. All catalytic outdoor wood-fired boilers must be certified not to exceed EPA particulate matter emission standards. If the EPA or other agency should promulgate stricter standards, the stricter standards shall apply.

D. The outdoor wood-fired boiler shall have a permanent chimney that extends at least 15 feet. If there are any residences within 500 feet not on the same property, the chimney shall also extend at least five feet above the height of the roofs of all such residences.

E. Outdoor wood-fired boilers may only burn fuels for which the same were designed to burn and which are approved by the manufacturer. None of the following fuels or materials may be burned in any outdoor wood-fired boilers under any circumstances:

(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.

F. Ashes or residue shall not be accumulated upon any property. Ashes and residue may not be dispersed on any property. Any accumulation of ashes or residue must be disposed of appropriately. It is the responsibility of the owner to ensure that no live coals or embers are present in any ashes or residue in such a manner as to constitute a fire hazard.

G. All firewood that is to be burned shall be neatly stacked and stored under cover.

H. No outdoor wood-fired boiler shall be altered or modified such that the applicable certification emission tests would be invalidated. Any antipollution device installed by the manufacturer, or required by this article or otherwise, shall not be disconnected or rendered inoperative. Operation of the outdoor wood-fired boiler shall be in accordance with the manufacturer's written instructions. This shall include, if applicable, periodic inspection and replacement of catalytic combustors.

I. All outdoor wood-fired boilers shall be installed, operated and maintained in strict conformance with the manufacturer's instructions, the provisions of this article, applicable building codes, and all applicable local, state and federal laws and regulations. In the event of a conflict, this article shall apply unless the manufacturer's instructions or regulations are more strict, in which case the manufacturer's instructions or regulations shall apply. A copy of the manufacturer's installation and/or operating instructions shall be filed with the Township Office, by the applicant, together with any subsequent amendments or modifications.

J. For all outdoor wood-fired boilers, a chimney stack greater than 15 feet in height must be secured against high winds and be constructed, installed and maintained in such a manner that it does not constitute a safety hazard. All chimney stacks shall be constructed in accordance with all rules and regulations of the Township and commonwealth and shall be constructed in accordance with the manufacturer's instructions.

K. The outdoor wood-fired boiler shall have an orange hang tag that signifies that it meets the EPA's standards for Phase I air emission levels of 0.60 pound of fine particulates per million BTU heat input and qualifies for the EPA's voluntary program.

§ 103-14 Existing outdoor wood-fired boilers.

Outdoor wood-fired boilers that exist within the Township limits on the date this article takes effect shall be subject to the following terms and conditions of this article:

A. In order to continue to maintain and operate an existing outdoor wood-fired boiler, owners must submit an application for a permit to operate their existing outdoor wood-fired boiler in accordance with § 103-11 hereof. Said application must be submitted within 30 days of the effective date hereof.

B. An application submitted under this section shall act as a temporary permit to operate and maintain the existing outdoor wood-fired boiler so that the applicant has time to comply with the application process and meet the terms and conditions of this article.

C. Owners of existing outdoor wood-fired boilers who give notice of the same, by submitting an application, within 30 days of the effective date of this article, shall be grandfathered in as it relates to setback and construction requirements of this article. This nonconforming use shall extend only to new outdoor wood-fired boilers installed in the same location as the outdoor wood-fired boiler existing at the enactment of this article.

D. An owner who fails to file such an application, or is denied a permit for reasons contained herein, shall not be permitted to maintain and operate the existing outdoor wood-fired boiler within the Township.

E. In the event that an outdoor wood-fired boiler is determined to be 50% torn down, physically deteriorated, rusted or decayed, the outdoor wood-fired boiler must be removed and/or replaced with a new unit. In the event a unit needs to be replaced, a new application must be submitted, and all other provisions hereof must be followed.

§ 103-15 Testing and inspections.

A. If a complaint is received by the Township, or if the Zoning Officer or responsible official feels there is a violation of this article, the Township may conduct an inspection to determine if the outdoor wood-fired boiler is being operated and maintained in accordance with this article, EPA and DEP regulations, or the manufacturer's recommended operating parameters. If it is determined that the owner/operator is violating a provision hereof, the Township may impose an inspection fee in addition to other enforcement remedies contained herein.

B. In the event the owner has received updated recommendations from the manufacturer, the same shall be utilized to determine compliance. The owner shall be required to correct any deviations found as a result of the inspection. Failure to correct the deviations within 30 calendar days shall constitute a violation of this article. The owner's refusal to allow the inspection shall result in immediate permit revocation.

C. If, at the sole discretion of the Zoning Officer, or other responsible official, an inspection is required as part of the application process as a condition of receiving a permit, an inspection fee may be imposed in accordance with § 103-12 hereof.

§ 103-16 Appeals Board.

A. Any applicant, permittee or person affected by a decision of the Zoning Officer, or other responsible official of the Township, may appeal, for the reasons set forth in § 103-16B hereof, to the Appeals Board, provided that a written application for appeal is submitted. The notice of appeal shall:

(1) Be in writing.

(2) Be submitted with applicable appeal application fee.

(3) Be submitted within 10 calendar days of the decision being appealed.

(4) State the reasons for the appeal, with reasonable particularity, including, but not limited to, the sections of the article that are applicable.

B. The Appeals Board shall have jurisdiction to hear appeals related to the following:

(1) Appeal of denial of application.

(2) Appeal of denial of permit.

(3) Appeal of denial or revocation of permit.

(4) Appeal of cease and desist order.

(5) Appeal for a variance of the terms of this article.

C. Upon receipt of an appeal, a hearing shall be scheduled before the Appeals Board within 60 calendar days, or in a manner to allow for appropriate advertising, and shall be held at the Township Office, or other designated location within the Township. Notice of the hearing shall be appropriately advertised and posted at the Township Office and shall be served by the Township, via United States first-class mail, or by hand delivery, upon the applicant.

D. The burden shall be on the appellant to supply all necessary testimony, exhibits and information that the Appeals Board needs to make a decision.

E. The Appeals Board may dismiss the case sui sponte if it determines, inter alia, that the appellant has not complied with the appeal process or provided necessary information. The Township Solicitor may be present at this hearing, and the appellant may be represented by counsel.

F. The Appeals Board shall issue a written decision within 30 days of the last hearing for a given appeal. The Board may grant or deny an appeal, in full or in part, or provide for conditional approval where appropriate. The decision shall be forwarded to the appellant by hand delivery or regular mail. A copy of the decision shall be available at the Township offices. The Appeals Board may impose additional conditions or restrictions upon the appellant as it deems appropriate. The decision of the Appeals Board shall be final.

§ 103-17 Variance procedure.

A. In considering a variance appeal in accordance with § 103-16 hereinabove, the Appeals Board shall consider the following factors:

(1) The degree of compliance with published guidelines and recommendations for outdoor wood-fired boiler setbacks, chimneystack heights and emissions.

(2) Prior complaints concerning the outdoor wood-fired boiler.

(3) Comments and/or concerns of residents within 1,000 feet of the outdoor wood-fired boiler.

(4) Minimum setback from neighboring boundary lines of 300 feet.

(5) Chimneystack height a minimum of two feet and a maximum of five feet above the peak of neighboring dwellings.

(6) Either retrofit to meet EPA's Phase I emission standards or upgrade to meet EPA's Phase II emission standards.

B. In considering a variance appeal, the Appeals Board may consider the following factors:

(1) Whether the outdoor wood-fired boiler maintains or enhances the character of the area in which it is located.

(2) Whether the outdoor wood-fired boiler constitutes a safety or health hazard, a nuisance, or has a noxious effect on the surrounding area either due to appearance or operation.

(3) Whether the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible for the regulation at issue.

(4) Whether, in the case of a hardship, that hardship has been created by the applicant.

(5) Whether the variance, if authorized, will alter the essential character of the neighborhood or district in which the outdoor wood-fired boiler is located or substantially or permanently impair the appropriate use or development of adjacent property or be detrimental to the public welfare.

§ 103-18 Enforcement; right of entry.

A. The Zoning Officer, or other responsible official, shall have the power and duty to enforce the provisions of this article, and in such event, the Zoning Officer, or other responsible official, pursuant to statutory or otherwise authorized police powers, shall have the right and power to enter upon the property for enforcement purposes.

B. The Township may issue such orders as are necessary to aid in the enforcement of the provisions of this article. These orders shall include, but shall not be limited to, orders requiring persons to cease unlawful use of outdoor wood-fired boilers, which are in violation of any provision of this article; 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 Township finds that any person is in violation of any provision of this article.

C. The Township may, in its order, require compliance with this article.

D. An order issued under this section shall take effect upon notice, unless the order specifies otherwise. An appeal to the Appeals Board of the Township's order shall not act as a supersedeas; provided, however, that, upon application and for cause shown, the Appeals Board may issue such a supersedeas under rules established by the Appeals Board.

E. The Zoning Officer or responsible official may commence civil and/or criminal proceedings against any offending person. The offending person shall pay the costs of such measures, including, but not limited to, the costs of any equipment, reimbursement of wages for Township employees or agents, and reasonable counsel fees.

F. The authority of the Township to issue an order under this section is in addition to any remedy or penalty that may be imposed pursuant to this article. The failure to comply with any such order is hereby declared to be a public nuisance.

§ 103-19 Violations and penalties.

Any person, firm or corporation who or which shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of no less than $300 and no more than $1,000, or the maximum amount permitted by law, and, in default of payment of said fine, to imprisonment for a term not to exceed 90 days. Every day that a violation of this article continues shall constitute a separate offense. In addition, violation of any provision of this article may result in suspension or revocation of a permit. The Township, or other responsible official, shall forward such suspension or revocation notice in writing, via United States first-class mail. Upon receipt of such notice, the property owner or occupant shall immediately cease utilizing the outdoor wood-fired boiler. A suspended permit may be reinstated once the condition which resulted in suspension is remedied and a letter from the Township or other responsible official authorizing reinstatement is received.

§ 103-20 Public nuisances.

A violation of this article or of any order issued by the Township under this article shall constitute a public nuisance. The Township 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 Township may recover the expenses of abatement. Whenever the nuisance is maintained or continued contrary to this article or any order issued pursuant to this article, the nuisance may be abatable in the manner provided by this article. Any person who causes the public nuisance shall be liable for the cost of abatement.

§ 103-21 Repealer.

All other ordinances, or parts thereof, which are in conflict with this article are hereby repealed.

§ 103-22 Severability.

The provisions of this article are severable, and if any section, clause, sentence, part or provision thereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, clauses, sentences, parts or provisions of this article. It is hereby declared to be the intent of the Board of Supervisors that this article would have been adopted if such illegal, invalid or unconstitutional section, clause, sentence, part or provision had not been included herein.

§ 103-23 When effective.

This article shall become effective five days following the date of adoption.