[HISTORY: Adopted by the Board of Commissioners
of the Township of Penn 1-15-1996 by Ord. No. 662. Amendments noted
where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 63.
Dangerous buildings — See Ch. 67.
Fire insurance claims — See Ch. 92.
Junk dealers and junkyards — See Ch. 104.
Parks and recreation - See Ch. 115.
Solid waste — See Ch. 138.
Streets and sidewalks — See Ch. 150.
Subdivision and land development — See Ch. 156.
Zoning — See Ch. 190.
As used in this chapter, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
A water supply with an individual present at all times during
the burning of a fire, who shall have a sufficient supply of water
to extinguish the burning.
A period when banks in general are closed for a legal holiday.
The Board of Commissioners of the township.
All materials incidental to construction or remodeling of
buildings, including but not limited to shingles, asbestos, Styrofoam,
wire, insulation and treated wood, but not including untreated wood.
An above-ground metal barrel, drum or masonry structure which
shall have a metal lid to prevent debris from escaping into the air.
A burning pit or earthen hole shall not be deemed a container.
The destruction of a dwelling or building on site.
Any enclosed device specifically designed for burning any
material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge or any other combustible material.
The improvement of one or more lots, tracts or parcels of
ground for any of the following:
A group of one or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots, regardless of the number
of occupants or tenure;
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other feature;
or
A subdivision of land.
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator.
Any individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
Garbage, rubbish and trade waste.
Solids not considered to be highly inflammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
wood, excelsior, ashes, furniture, tin cans, glass, crockery, masonry
and other similar materials.
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.
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.
A.
All outdoor burning and fires are expressly prohibited,
except as may be authorized under the terms hereof.
B.
Any burning permitted by the terms of this chapter
shall only be those items or materials owned by the property owner
or generated on the property by said property owner or resident. No
person shall burn any items or material on behalf of any other individual
for either a fee or gratuitously, nor shall any person bring upon
the property of another any materials or items allowed to be burned
pursuant to the terms of this chapter for the purpose of burning said
items on another person's property.
C.
A permit issued by the Zoning Officer of the Township
of Penn or his designated agent shall be required for all outdoor
burning and fires for all categories of this section, except as set
forth in this chapter.
D.
The Board of Commissioners of the Township of Penn
shall, from time to time, by resolution, adopt and authorize a permit
form and schedule of fees to be imposed for the issuance of permits
hereunder.
E.
No person or persons shall set or maintain any outdoor
burning or fires upon the paved portion of any street, alley or public
ground in the Township of Penn.
F.
No person or persons shall knowingly maintain a fire
hazard on any property within the Township of Penn.
G.
No person or persons shall deliberately, knowingly,
carelessly or negligently set fire to or cause the burning of any
material in such manner to endanger the safety of any person or property.
[Amended 7-16-2007 by Ord. No. 836; 9-17-2007 by Ord. No. 840; 4-20-2022 by Ord. No. 947]
In all areas zoned Rural Resource (RR) and Mixed
Density Residential (MDR), the following regulations shall apply:
A.
All outdoor burning or fires in areas of residential
dwellings shall be limited to the burning of paper products, newspaper
and yard waste, excluding leaves, grass and building materials as
defined herein, during the hours of 9:00 a.m. to 6:00 p.m. on Mondays,
Tuesdays, Wednesdays, Thursdays and Fridays, and on Saturdays from
9:00 a.m. to 12:00 noon; provided, however, that in the event that
a bank holiday occurs on any of the aforesaid days, burning on said
bank holiday shall be specifically excluded.
B.
All outdoor burning or fires in areas of residential
dwellings shall be controlled in a contained area and shall have an
attended water supply or equal extinguishing agent throughout the
duration of burning.
C.
No person or persons shall set or maintain any outdoor
burning or fires closer than 10 feet to any property line.
D.
No person or persons shall burn or cause to be burned
any garbage, rubber, tires, paint, animal waste, plastics, diapers,
toxic materials or any other matter consisting of rubbish, trade waste,
refuse or garbage as defined by this chapter.
E.
Outdoor fireplaces, grills, fire pits, and stone rings
used solely for recreational purposes shall be exempt from these regulations,
except that all such fires shall be totally extinguished no later
than 12:00 midnight on the day in which the outdoor fire is ignited.
F.
Bonfires for amusement purposes shall be permitted
only upon the specific approval of the Zoning Officer of the Township
of Penn.
G.
All fires shall be totally extinguished by 6:00 p.m. to ensure that there is no smoke or smoldering of said fire. Bonfires for amusement purposes as permitted under Subsection F above shall be required to be extinguished no later than 12:00 midnight on the day in which the bonfire is ignited.
H.
No permit shall be required for any of the above burning
other than the bonfires for amusement purposes.
[Amended 4-20-2022 by Ord. No. 947]
In all areas zoned Neighborhood Commercial (NC),
Commercial Corridor (CC) and Industrial Commerce (IC), the following
regulations shall apply:
A.
All outdoor burning or fires on commercial properties
shall be limited to the burning of the following items: paper products,
newspapers, yard waste (excluding leaves and grass) and wood; provided,
however, that in the event that a bank holiday occurs on any of the
aforesaid days, burning on said bank holiday shall be specifically
excluded. Said outdoor burning or fires shall be limited to the hours
of 9:00 a.m. to 6:00 p.m. on Mondays, Tuesdays, Wednesdays, Thursdays
and Fridays, as tolerated, and on Saturdays during the hours of 9:00
a.m. to 12:00 noon, as tolerated; provided, however, that in the event
that a bank holiday occurs on any of the aforesaid days, burning on
said bank holiday shall be specifically excluded.
B.
All outdoor burning or fires in said commercial properties
shall be controlled in a contained area and shall have an attended
water supply or equal extinguishing agent throughout the duration
of the burning.
C.
No person or persons shall set or maintain any outdoor
burning or fires closer than 10 feet to any property line, except
as may be otherwise authorized by the Zoning Officer of the Township
of Penn.
D.
Outdoor
fireplaces, grills, fire pits and stone rings used solely for recreational
purposes shall be exempt from these regulations, except that all such
fires shall be extinguished no later than 12:00 midnight on the day
on which the outdoor fire was ignited for residential uses or at close
of business for commercial uses. All fires must be totally extinguished
and not permitted to smoke or smolder.
[Amended 4-20-2022 by Ord. No. 947]
The following rules and regulations shall apply
in areas which are zoned Rural Resource (RR), are singly comprised
of 10 or more acres and contain an active agricultural use within
the corporate limits of the Township of Penn:
A.
All outdoor burning or fires in agricultural areas
shall be limited to the hours of 9:00 a.m. to 6:00 p.m. during any
Monday, Tuesday, Wednesday, Thursday, Friday or Saturday; provided,
however, that in the event that a bank holiday occurs on any of the
aforesaid days, burning on said bank holiday shall be specifically
excluded.
B.
There shall be no restrictions as to the type of material
which may be burned in an agricultural area, with the exception that
building materials, tires, garbage and rubbish shall not be burned.
C.
Nothing contained herein shall regulate or restrict
the reasonable and safe use of outdoor burning or fires by any person
or persons for or incidental to any valid agricultural purpose within
the Township of Penn.
A.
All outdoor burning or fires at areas of land development
containing a minimum of five acres, for the purpose of clearing the
property and removal of vegetation and other debris, shall be permitted
during the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday,
provided that a permit is obtained from the Zoning Officer of the
Township of Penn; however, in the event that a bank holiday occurs
on any of the aforesaid days, burning on said bank holiday shall be
specifically excluded.
[Amended 4-20-2022 by Ord. No. 947]
B.
All proposed outdoor burning or fires for land development
as defined herein shall only be permitted after having obtained a
permit from the Township of Penn for a fee as set from time to time
by resolution of the Board of Commissioners. Said permit shall be
obtained from the Zoning Officer of the Township of Penn no less than
24 hours prior to the commencement of said outdoor burning or fires.
[Amended 11-24-1997 by Ord. No. 689]
C.
All outdoor burning or fires at areas of land development
shall be controlled and managed in a contained area with an attended
water supply or equal extinguishing agent throughout the duration
of the burning.
D.
All outdoor burning or fires permitted hereunder shall
be promptly extinguished at 6:00 p.m., and there shall be no smoldering
or smoke emitted from said burning after said hour.
[Amended 11-24-1997 by Ord. No. 689; 4-20-2022 by Ord. No. 947]
All outdoor burning or fires at areas of salvage
operations and demolition projects as defined by this chapter shall
be prohibited.
No person shall set or maintain any outdoor
burning or fires during the construction or remodeling of any structure
within the Township of Penn; provided, however, that during the months
of November through April of each year, a heating barrel no greater
than 55 gallons may be used solely for the purpose of heating water
for the construction project; when burning is allowed, no building
materials, as defined herein, nor garbage, rubber, etc., shall be
allowed.
B.
Upon obtaining a permit at no cost from the Zoning
Officer of the Township of Penn, any volunteer fire department may
burn a structure for the purpose of practice, provided that said burning
activity is a controlled burning activity and supervised by the volunteer
fire department so permitted.
[Amended 11-24-1997 by Ord. No. 689]
Any person who shall violate any provisions
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000, plus costs, and in default of payment
thereof to imprisonment for a term not to exceed 30 days.
