[HISTORY: Adopted by the Borough Council
of the Borough of Jim Thorpe 9-11-2008 by Ord. No. 2008-5. Amendments noted where
applicable.]
A.
Residences, commercial and industrial establishments
situated within the Borough are entitled to clean air and environmental
circumstances free of unreasonable dust, obnoxious odors, noxious
fumes and smells, as well as an environment free of stored debris
and storage of combustible fuels in adjacent or exposed exterior areas
within densely populated area.
B.
Outdoor fuel-burning appliances may cause emission
problems that cross property lines because the smoke stays close to
the ground; it can easily reach humans working or playing outdoors
or penetrates neighboring buildings. It also causes problems with
smoke visibility. The low-lying smoke can worsen cardiovascular problems
such as angina, irritate eyes and lungs, trigger headaches, worsen
respiratory diseases such as asthma, emphysema and bronchitis.
As used in this chapter, the following terms
shall have the meanings indicated:
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired outdoor heating device,
especially that part of such structures extending above a roof.
A device including any furnace, stove or boiler designed
and constructed to burn oil, wood, coal or other fuels manufactured
for placement outdoors for the heating of the living area of a structure.
A.
Any new outdoor fuel-burning appliance must have or
meet the following:
(1)
The chimney shall extend at least two feet above the
peak of any residence not served by an outdoor fuel-burning appliance
located within 300 feet of such chimney.
(2)
If there is an existing outdoor fuel-burning appliance
already installed and there is new construction of a residence not
served by an outdoor fuel-burning appliance within 300 feet of such
existing outdoor fuel-burning appliance, then the owner of such appliance
shall conform to the stack height requirements of this regulation
within 30 days of the date this construction is complete and upon
written notice from the Borough through its Police Department or Code
Enforcement Officer.
(3)
Be located not less than 100 feet from any property
line.
B.
All outdoor fuel-burning appliances are required to
meet emission standards currently required by the Environmental Protection
Agency (EPA). Emission standards currently required by the EPA are
hereby adopted by reference together with any amendments or modifications
made to them in the future.
C.
All outdoor fuel-burning appliances shall be installed,
operated and maintained in strict conformance with the manufacturer's
instructions and the regulations promulgated hereunder. In the event
of a conflict, the regulations promulgated hereunder shall apply unless
the manufacturer's instructions are stricter, in which case the manufacturer's
instruction shall apply.
D.
The owner of the outdoor fuel-burning appliance shall
produce the manufacturer's instructions for all devices that do not
conform to the requirements of this chapter.
E.
No homemade outdoor fuel-burning appliances will be
allowed.
F.
Only natural wood, coal, heating oil, natural gas,
kerosene or wood specifically permitted by the manufacturer in writing
may be burned in outdoor furnaces. The burning in outside furnaces
or processed wood products and non-wood products, household or other
garbage, recyclable material, rubber tires, railroad ties, leaves,
laminated wood, wet or soggy wood, painted or treated wood and any
item not specifically and in writing permitted by the manufacturer
is prohibited.
G.
A permit must be acquired prior to the installation
of any outdoor furnace appliance, and an inspection completed prior
to the operation of subject appliance. The permit fee is $75 and the
inspection will be completed by the Borough Code Enforcement officer,
a Borough employee or its designee.
H.
Ashes or waste cannot be accumulated in a large area
on the property. They may be dispersed on the property as long as
no accumulation can be seen (for example; spread in a driveway) Any
large accumulation of ashes or waste must be disposed of weekly with
your trash.
I.
All outdoor fuel-burning appliances may only be utilized
for the sole purpose of furnishing heat to a residence and hot water
during the period of October 1 through April 30; and only if the outdoor
fuel-burning appliance meets the requirements of this chapter.
J.
If an outdoor fuel-burning appliance is more than
50% torn down, physically deteriorated or decayed, the appliance must
be removed and/or replaced with a new unit.
K.
All storage of materials being burnt in the outdoor
fuel-burning appliance shall be neatly stacked and/or stored under
cover and free from insects (termites, ants, etc.) or any type of
disease-carrying rodents.
A.
All outdoor fuel-burning appliances are required to
meet emission standards currently required by the Environmental Protection
Agency (EPA). Emission standards currently required by the EPA are
hereby adopted by reference together with any amendments or modifications
made to them in the future.
B.
All outdoor fuel-burning appliances shall be operated
and maintained in strict conformance with the manufacturer's instructions
and the regulations promulgated hereunder. In the event of a conflict,
the regulations promulgated hereunder shall apply unless the manufacturer's
instructions are stricter, in which case the manufacturer's instructions
shall apply.
C.
All outdoor fuel-burning appliances in existence at
the effective date of this chapter shall have or must erect a safe
flue or chimney which shall extend at least two feet above the peak
of any residences not served by any outdoor fuel burning appliance
located within 300 feet of such chimney.
D.
If there is an existing outdoor fuel-burning appliance
already installed and there is new construction of a residence not
served by an outdoor fuel-burning appliance within 300 feet of such
existing outdoor fuel-burning appliance, then the owner of such appliance
shall conform to the stack height requirements of this regulation
within 30 days of the date this construction is complete and upon
written notice from the Borough through its Police Department or Code
Enforcement Officer.
E.
Only natural wood, coal, heating oil, natural gas,
kerosene or wood specifically permitted by the manufacturer in writing
may be burned in outdoor furnaces. The burning in outside furnaces
or processed wood products, household or other garbage, recyclable
material, rubber tires, railroad ties, leaves, laminated wood, wet
or soggy wood, painted or treated wood and any item not specifically
and in writing permitted by the manufacturer is prohibited.
F.
All outdoor fuel-burning appliances may only be utilized
for the sole purpose of furnishing heat to a residence and hot water
during the period of October 1 through April 30, and only if the outdoor
fuel-burning appliances meets the requirements of this chapter.
G.
If an outdoor fuel-burning appliance is more than 50% torn down, physically deteriorated or decayed, the appliance must be removed and/or replaced with a new unit and the new unit must comply with all of the regulations listed in § 248-3 of this chapter.
H.
Ashes or waste cannot be accumulated in a large area
on the property. They may be dispersed on the property as long as
no accumulation can be seen (for example; spread in a driveway) Any
large accumulation of ashes or waste must be disposed of weekly with
your trash.
I.
All storage of materials being burnt in the outdoor
fuel-burning appliance shall be neatly stacked and/or stored under
cover and free from insects (termites, ants, etc.) or any type of
disease-carrying rodents.
It shall be the duty of the Borough Police Department
and/or the Code Enforcement Officer to enforce the terms of this chapter
and secure compliance with requirements thereof.
Any persons, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not less than $300 nor more than $600 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 chapter continues shall
constitute a separate offense.
A.
Any person directly affected by a decision of the
Borough Code Enforcement officer, Borough employee or designee who
makes a determination pursuant to the terms of this chapter shall
have the right to appeal to Borough Council, provided that a written
application for appeal is filed within 20 days after the day the decision
is made, notice or order was served. An application for appeal shall
be based on a claim that the true intent of this chapter or the rules
legally adopted hereunder have been incorrectly interpreted, the provisions
of this chapter do not fully apply, or the requirements of this chapter
are adequately satisfied by other means. The Borough Council will
be permitted to grant a modification or variance from the terms of
this chapter provided that the person filing the appeal can prove
that the true intent of this chapter will be followed by granting
the modification or variance. Any person filing an appeal must pay
an appeal fee to the Borough Council as set by Borough Council. If
no fee is set by resolution, the fee shall be the same as the fee
for applying to the Zoning Hearing Board of the Borough for a variance.
B.
Criteria for variances. In making this determination,
the Borough Council shall take into consideration the benefit to the
applicant if the variance is granted, as weighted against the detriment
of the neighborhood or community by such grant. In making such determination,
the Board shall also consider:
(1)
Whether an undesirable change will be produced in
the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the variance;
(2)
Whether the benefit sought by the applicant can be
achieved by some method, feasible for the applicant to pursue, other
than a variance;
(3)
Whether the requested variance is substantial;
(4)
Whether the alleged difficulty was self-created, which
consideration shall be relevant to the decision of the Borough Council,
but shall not necessarily preclude the granting of the variance.
