[HISTORY: Adopted by the Board of Supervisors of the Township
of East Goshen 9-17-1991 by Ord. No. 93; amended in its entirety 9-16-2014 by Ord. No.
129-D-2014. Amendments noted where applicable.]
It is the purpose of this chapter to regulate the types of outdoor
and open burning within the Township and to promote the public health,
safety and general welfare of the citizens of the Township.
As used in this chapter, the following terms shall have the
meanings indicated in this section:
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products. The term includes branches, sticks and firewood.
Building waste materials, including but not limited to waste
shingles, insulation, plywood, oriented strand board, particle board,
laminates, insulation, treated wood, painted wood, wiring, plastics,
packaging and rubble from construction, remodeling, repair and demolition
operations on a house, commercial or industrial building, or other
structure. The term does not include clean wood.
The space where materials are being burned.
A burn barrel or other similar enclosed woodburning container
equipped with a spark- or ember-arresting device, which has a total
fuel area of two feet or less in diameter and three feet or less in
height (maximum capacity of 55 gallons).
The flattened structure of a vascular plant, characteristically
consisting of a bladelike expansion attached to a stem and functioning
as the principal organ of photosynthesis and transpiration. This includes
the leaves of both deciduous and coniferous trees, regardless of whether
said leaves are attached to branches or have fallen naturally to the
ground following their growing season.
Any garbage, refuse, trash or other material resulting from
the operation of residence or a municipal, commercial, business or
institutional establishment.
A fire that is not contained within a fire pit, fire ring
or other container, which has a total fuel area of six feet or less
in diameter and three feet or less in height, wherein products of
combustion are emitted directly into the ambient air without passing
through a stack or chimney.
A chimaera or other similar portable woodburning device equipped
with a spark- or ember-arresting device used for outdoor recreation
and/or heating.
A small fire, contained within a fire pit or fire ring, which
has a total fuel area of two feet or less in diameter and one foot
or less in height, intended for recreation or cooking.
Those materials specified by the Township for collection
in conjunction with the refuse and recycling program.
A dwelling unit, garage, shed or barn.
East Goshen Township.
This chapter applies to all outdoor burning within the Township,
with the following exceptions:
A.
This chapter does not apply to grilling or cooking food using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
B.
This chapter does not apply to burning for the purpose of generating
heat in a stove, furnace, fireplace or other heating device within
a structure used for human or animal habitation or an outdoor wood-fired
boiler.
C.
This chapter does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
D.
This chapter does not apply to field fires to clear land when approved
by the Fire Marshal.
E.
This chapter does not apply to demolition of the residue of a structure
partially destroyed by accidental fire when approved by the Fire Marshal.
F.
This chapter does not apply to fires set for training purposes under
the supervision of the Fire Marshal.
A.
No person shall burn or light any fire except to the extent specifically
permitted by this chapter.
B.
No person shall burn construction waste, leaves, municipal waste
or recyclables.
C.
No person shall burn or light any fire when a ban on burning has
been enacted by any Township, county or state official.
D.
No person shall burn or light a fire within 20 feet of a public or
private road, utility pole or utility equipment.
E.
No person shall burn or light a fire upon the land of another, without
the permission of the owner. This permission shall be in writing,
except in the case of a family member or employee.
B.
Recreational fires are permitted subject to the following restrictions:
(1)
Recreational fires shall be located at least 20 feet from any structure
or combustible material.
(2)
Recreational fires shall be located at least 40 feet from any property
line.
(3)
Recreational fire shall only be used to burn clean wood.
(4)
Recreational fires are prohibited between 2:00 a.m. and 6:00 a.m.
C.
Incinerators may be installed and used subject to the following restrictions:
(1)
The incinerator shall be located at least 20 feet from any structure
or combustible material.
(2)
The incinerator shall be located at least 40 feet from any property
line.
(3)
The incinerator shall only be used to burn clean wood.
(4)
The use of an Incinerator is prohibited between 6:00 p.m. and 8:00
a.m.
D.
Open fires are permitted subject to the following restrictions:
(1)
An open fire is permitted on a property of five acres or more in
area.
(2)
An open fire is permitted on property comprised of one or more adjacent
tax parcels owned by the same owner with a collective acreage of five
acres or more in area.
(3)
Two property owners who collectively own five acres or more shall
jointly be permitted to have an open fire.
(4)
The open fire shall be located at least 50 feet from any structure
or combustible material.
(5)
The open fire shall be located at least 50 feet from any property
line.
(6)
The open fire shall only be used to burn clean wood.
(7)
At least four hours prior to lighting the open fire, the property
owner shall call 911 and notify the Chester County Fire Board of the
time and place of the open fire.
(8)
Open fires are prohibited between 6:00 p.m. and 8:00 a.m.
A.
Patio woodburning units, recreational fires, incinerators and open
fires shall be constantly attended by a responsible adult (age 18
or older) until the fire is extinguished.
B.
A minimum of one five-pound ABC portable fire extinguisher or a garden
hose connected to a water source shall be available for immediate
utilization for patio woodburning units, recreational fires and incinerators.
C.
A garden hose connected to a water source and shovel shall be available
for immediate utilization for open fires.
Any fire on private property shall be promptly extinguished
by the property owner or, if necessary, the fire company having jurisdiction,
either with or without the consent of the property owner, if, in the
opinion of the East Goshen Township Fire Marshal or a Westtown-East
Goshen police officer, such fire constitutes a danger or a nuisance
to persons or property.
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a District Justice under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be subject
to the payment of a fine of not less than $100 and not more than $1,000,
plus the costs of prosecution. In default of payment thereof, the
defendant may be sentenced to imprisonment in the county prison for
a term of not more than 30 days. Each section of this chapter violated
shall constitute a separate offense, and each day or portion thereof
in which a violation of this chapter is found to exist shall constitute
a separate offense, each of which violations shall be punishable by
a separate fine imposed by the District Justice of not less than $100
and not more than $1,000, plus the costs of prosecution, or upon default
of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term of not more than 30 days. All fines
and penalties collected for the violation of this chapter shall be
paid to the Township Treasurer.
