[Ord. 2013-06, 11/14/2013]
This Part shall be known as the "Allen Township Outdoor Wood-Fired
Boiler Ordinance."
[Ord. 2013-06, 11/14/2013]
[Ord. 2013-06, 11/14/2013]
This Part is adopted and ordained pursuant to the general powers
authorized by the Second Class Township Code, Sections 1601 and 1529,
(53 P.S. § 66601 and 53 P.S. § 66529, Nuisances).
[Ord. 2013-06, 11/14/2013]
Although outdoor wood-fired boilers may provide an economical
alternative to conventional heating systems, concerns have been raised
regarding the safety and environmental impacts of these heating devices,
particularly the production of offensive odors and potential health
effects of uncontrolled emissions. This Part is intended to ensure
that outdoor wood-fired boilers are utilized in a manner that does
not create a nuisance and is not detrimental to the health, safety,
and general welfare of the residents of Allen Township.
A.
This Part does not apply to grilling or cooking usual charcoal, wood,
propane or natural gas in cooking or grilling appliances.
B.
This Part 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 Part does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
[Ord. 2013-06, 11/14/2013]
As used in this Part, the following terms shall have the meanings
indicated:
Shall include all wood intended to be used as fuel, including
but not limited to trees, cordwood, logs, lumber, sawdust, and wood
from manufacturing processes (butt offs, shavings, turnings, sander
dust), wood pellets, slabs, bark, chips, and waste pallets. Clean
wood does not include materials chemically treated with any preservatives,
paint, or oil.
The person appointed by the Board of Supervisors to administer
and enforce this Part whose duties shall include responding to resident
questions and complaints and performing other tasks as the Board of
Supervisors may assign.
An outdoor wood-fired boiler that was purchased and installed
prior to the effective date of this Part.
Any building or structure used or intended for use wherein
people normally reside, work, assemble, or remain for a period of
time.
A fuel burning device designed to 1) burn clean wood or other
manufacturer-approved fuel products (i.e., corn and coal); 2) that
the manufacturer specifies for outdoor installation or installation
in structures not normally occupied by humans (e.g., garages); and
3) heats building space and/or water via the distribution, typically
through pipes, of a fluid heated in the device, typically water or
a water/antifreeze mixture. Only boilers meeting current EPA Phase
2 emission levels shall be allowed.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency, or any other legal entity whatsoever
which is recognized by the law as the subject of rights and duties.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired heating device or structure,
including that part of the structure extending above a roof.
[Ord. 2013-06, 11/14/2013]
Any person desiring to install an outdoor wood-fired boiler
within Allen Township shall be required to obtain a permit from the
Code Enforcement Officer and shall pay a permit fee set by the Board
of Supervisors by resolution.
[Ord. 2013-06, 11/14/2013]
1.
A permit issued pursuant to this Part may be suspended as the Code
Enforcement Officer may determine to be necessary to protect the public
health, safety, and welfare of the residents of Allen Township if
any of the following conditions occur:
A.
Malodorous air contaminants from the outdoor wood-fired boiler are
detectable outside the property of the person on whose land the outdoor
wood-fired boiler is located.
B.
The emission from the outdoor wood-fired boiler interferes with the
reasonable enjoyment of life on neighboring property.
C.
The emissions from the outdoor wood-fired boiler cause damage to
vegetation on neighboring property.
D.
The emissions from the outdoor wood-fired boiler are or may be harmful
to human or animal health.
E.
The burning of any material not meeting the definition of "clean
wood."
2.
A suspended permit may be reinstated once the condition which resulted
in suspension is remedied and reasonable assurances are given that
such condition will not recur. Recurrence of a condition which has
previously resulted in suspension of a permit shall be considered
a violation of this Part subject to the penalties provided within
this Part.
[Ord. 2013-06, 11/14/2013]
Any outdoor wood-fired boiler in existence on the effective date of this Part shall be permitted to remain, provided that the owner applies for and receives a permit from the Code Enforcement Officer within one year of the effective date of this Part. If the owner of an existing outdoor wood-fired boiler does not receive a permit within one year of the effective date of this Part, the outdoor wood-fired boiler shall be removed and is subject to the regulations provided for in § 10-509 of this Part.
[Ord. 2013-06, 11/14/2013]
1.
Any person desiring to install an outdoor wood-fired boiler within
Allen Township shall obtain a permit from the Code Enforcement Officer.
The applicant for such a permit shall meet the following requirements:
A.
Present a plan showing all property lines, the locations and distances
of all occupied structures on adjoining properties, and the proposed
location of the outdoor wood-fired boiler.
B.
Locate the outdoor wood-fired boiler at least 100 feet from any occupied
structure not located on the lot on which the outdoor wood-fired boiler
will be located.
C.
Locate the outdoor wood-fired boiler at least 50 feet from all property
lines.
D.
The outdoor wood-fired boiler shall have a permanently attached stack
or chimney that extends to a minimum height of two feet above the
peak of the existing building being served. The maximum height of
the outdoor wood-fired boiler stack or chimney shall not exceed the
maximum height requirements in that specific zoning district.
E.
Present evidence that the applicant has obtained a Uniform Construction
Code permit for the installation of the outdoor wood-fired boiler
and its connection to the mechanical system of the structure it will
serve.
F.
Provide a copy of the manufacturer's specifications and instructions,
which the applicant agrees to comply with and not alter at any time.
G.
Demonstrate that the outdoor wood-fired boiler has been laboratory
tested and listed to comply with appropriate safety standards such
as UL (Underwriters Laboratories) or ANSI (American National Standards
Institute) standards.
H.
All outdoor wood-fired boilers shall be equipped with properly functioning
spark arrestors.
I.
All outdoor wood-fired boilers shall meet current EPA Phase 2 emission
levels.
2.
The application shall be signed by all owners of the lot on which
the outdoor wood-fired boiler will be located and the contractor installing
the outdoor wood-fired boiler.
[Ord. 2013-06, 11/14/2013]
If an outdoor wood-fired boiler is replaced or upgraded, a permit shall be required pursuant to § 10-506 of this Part and shall comply with all sections of this Part.
[Ord. 2013-06, 11/14/2013]
1.
The only substance that may be burned in an outdoor wood-fired boiler is clean wood (see definition, § 10-505, of this Part).
2.
No person shall burn any of the following in an outdoor wood-fired
boiler, including but not limited to:
A.
Any wood that does not meet the definition of "clean wood."
B.
Tires.
C.
Lawn clippings or yard waste.
D.
Rubbish or garbage, including but not limited to food wastes, food
packaging, or food wraps.
E.
Materials containing plastic.
F.
Materials containing rubber.
G.
Waste petroleum products.
H.
Paint and paint thinners.
I.
Any type of paper/cardboard.
J.
Construction and demolition debris (such as shingles).
K.
Plywood or other composite wood products.
L.
Particleboard.
M.
Manure.
N.
Animal carcasses.
O.
Asphalt products.
P.
Used cooking oils.
Q.
Furniture.
R.
Chemicals.
S.
Any hazardous waste.
T.
Coal.
U.
Saltwater driftwood.
3.
The outdoor wood-fired boiler shall at all times be operated and
maintained in accordance with the manufacturer's specifications.
4.
The outdoor wood-fired boiler shall be maintained and operated in
compliance with all emissions and air quality standards promulgated
by the United States Environmental Protection Agency, the Pennsylvania
Department of Environmental Protection or other relevant state or
federal agency.
5.
Any ash or other by-products from the operation of the outdoor wood-fired
boiler shall be disposed of in accordance with all applicable laws.
6.
Only boilers meeting current EPA Phase 2 emission levels shall be
allowed.
[Ord. 2013-06, 11/14/2013]
Outdoor wood-fired boilers shall be operated only between October
1 and May 31.
[Ord. 2013-06, 11/14/2013]
No person may use or operate a new or existing outdoor wood-fired
boiler unless it complies with applicable state, county and local
laws and regulations. Some commonwealth regulations that could apply
are:
[Ord. 2013-06, 11/14/2013]
1.
Enforcement Officer. The Township Code Enforcement Officer shall
be responsible for enforcing the terms of this Part.
2.
Duties of Enforcement Officer.
B.
Action. Whenever an inspection discloses a violation of this Part, the Code Enforcement Officer shall prepare a report detailing the violation and a recommendation regarding how the violation can be corrected. The Code Enforcement Officer shall issue a written notice to the owner and/or the occupant of the premises as set forth in Subsection 4, along with a copy of the report.
3.
Inspections; Permissions. The Code Enforcement Officer may inspect
any premises to determine whether any violations of this Part exist.
Prior to entering upon any property to conduct an inspection, the
Code Enforcement Officer shall obtain the permission of the owner
or occupant of the property to conduct the inspection. If, after due
diligence, the Code Enforcement Officer is unable to obtain such permission,
the Code Enforcement Officer shall have the authority to conduct the
necessary inspection in accordance with this Part and the applicable
laws of the commonwealth and, if necessary, petition of a competent
court with jurisdiction for a court order authorizing the inspection.
If a court orders the inspection, the defendant named in the order
shall reimburse Allen Township for the costs of filing the petition
and reasonable attorney's fees.
4.
Notice of Violation.
A.
Whenever an inspection discloses that a violation of this Part exists,
the Code Enforcement Officer shall issue a notice of violation to
the owner and/or occupant of the premises. The notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons why the notice is being issued.
(3)
Contain a copy of the Code Enforcement Officer's inspection
report detailing the conditions constituting the violation, contain
an outline of the remedial action required to come into compliance
with the Ordinance, and state a reasonable time to rectify the violation.
B.
Except in emergency cases, the notice shall be sent by registered
mail, or by certificate of mailing, or personally delivered to the
owner and/or occupant of the premises upon which the violation exists.
Where the owner is absent from Allen Township, all notices shall be
deemed to be properly served if a copy of the notice is served upon
the owner personally, a copy of the notice is sent by registered mail
or by certificate of mailing to the last known address of the owner,
regardless of proof of receipt, and is posted in a conspicuous place
on or about the premises affected by the notice or the owner is served
with such notice by any other method authorized under the laws of
the Commonwealth of Pennsylvania.
5.
Emergency Cases. Whenever the Code Enforcement Officer finds that
an emergency exists which requires immediate action to protect the
public health, safety, and welfare, he/she may, without notice or
hearing, issue an order reciting the existence of such an emergency
and requiring that such action be taken as is necessary to correct
the violation and eliminate the emergency. Notwithstanding the other
provisions of this Part, such order shall be effective immediately.
6.
Hearings.
A.
Right to Hearing. Any person affected by any notice which has been
issued in accordance with the enforcement of any provision of this
Part may request and shall be granted a hearing on the matter before
the Board of Supervisors, provided that such person file a written
request for the hearing with 10 days after service of the notice.
The request shall contain a brief statement regarding the reasons
for the request.
B.
Scheduling and Conduct of the Hearing. Upon receipt of a request
for a hearing, a time and place for the hearing shall be scheduled
and advertised in accordance with applicable municipal requirements.
All hearings shall be conducted in accordance with the Local Agency
Act. The hearing shall be scheduled no later than 60 days after the
day on which the request was received. At the hearing, the person
requesting the hearing shall be given the opportunity to be heard
and show cause why the violation described in the notice should not
be abated.
C.
Board of Supervisors Action. After such hearing the Board of Supervisors
shall issue a written decision sustaining the notice, modifying the
notice and attaching conditions or withdrawing the notice. If the
Board of Supervisors sustains the notice, it shall be deemed to be
a final order effective immediately.
D.
Right to Appeal. Any aggrieved party may appeal the final order to
the Court of Common Pleas of Northampton County in accordance with
the provisions of the Local Agency Act. Such appeal shall not constitute
a stay from the requirements of the final order unless an order to
that effect is obtained from the court.
E.
Fees. The person requesting the hearing shall pay the fee for such
hearing as may be established by resolution of the Board of Supervisors.
7.
Remedies and Penalties.
A.
Any person who has violated or permitted the violation of any provisions
of this Part shall, upon judgment thereof by any Magistrate District
Judge, be sentenced to pay a fine of not less than $100, nor more
than $1,000, for each day the violation exists after notice from Allen
Township, together with the cost of suit, and/or shall be committed
to the Northampton County prison for a period not to exceed 30 days.
Each day of violation shall be a separate offense, for which a separate
conviction may be sought. All judgments, costs, interests, and reasonable
attorney's fees collected for a violation of this Part shall
be paid over to Allen Township.
B.
In addition to the fines, judgments, costs and/or imprisonment remedies
set forth above, Allen Township reserves the right to pursue all other
available remedies at law or in equity under the laws of the Commonwealth
of Pennsylvania.
[Ord. 2013-06, 11/14/2013]
Allen Township and its agents, officials, and representatives
shall not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the issuance of any
permit under the provisions of this Part or by reason of the conduct
of any burning activity in compliance with the terms and provisions
of this Part. The person or party responsible for any such burning
activity shall bear sole liability of any damages caused as a result
thereof.
[Ord. 2013-06, 11/14/2013]
A violation of this Part, or of any order issued by the Township of Allen under this Part, will constitute a public nuisance. The Township of Allen will 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 of Allen may recover the expenses of abatement following the process for assessment and collection of penalties contained in § 10-514, Subsection 7. Whenever the nuisance is maintained or continued contrary to this Part or any order issued pursuant to this Part, the nuisance may be abatable in the manner provided by this Part. Any person who causes the public nuisance shall be liable for the cost of abatement.
