[Ord. 2012-01, 3/15/2012, Art. I]
This Part shall be known and may be cited as the "Outdoor Fuel-Burning
Appliance Ordinance of Lower Macungie Township."
[Ord. 2012-01, 3/15/2012, Art. I]
1.
The purpose and scope of this Part is to promote the public health
and safety by regulating the operation and use of outdoor fuel burning
appliances to those areas of the Township where the effects from the
smoke and fumes emanating from such devices will be mitigated by the
distance from surrounding properties and occupied residences.
2.
These regulations shall be applicable to the installation, operation
and use within the Township of any outdoor fuel-burning appliance,
the primary purpose being to convert solid combustible fuel into a
heat or energy source for interior spaces or accessory uses.
3.
Outdoor fuel-burning appliances cause emission problems that may
cross property lines because smoke stays close to the ground and can
easily reach humans working or playing outdoors and penetrate neighboring
buildings. Low-lying smoke may also cause visibility problems and
may pose a health hazard by aggravating respiratory diseases.
[Ord. 2012-01, 3/15/2012, Art. I]
1.
This Part applies to all outdoor solid fuel-burning-furnaces, boilers
and appliances within the Township.
2.
This Part does not apply to grilling or cooking using charcoal, wood,
propane or natural gas in cooking or grilling appliances.
3.
This Part does not apply to burning in a stove, furnace, fireplace
or other heating device within a building or structure used for human
or animal habitation.
4.
This Part does not apply to the use of propane, acetylene, natural
gas, gasoline, or kerosene in a device used for heating, construction,
or maintenance activities.
[Ord. 2012-01, 3/15/2012, Art. I]
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from an outdoor fuel-burning appliance, especially
that part of such structure extending above a roof.
Any equipment, devices or apparatus, including a furnace,
stove or boiler, which is installed, affixed or situated outdoors
and which is designed and constructed to burn solid fuels, including
wood, coal or other solid fuels, for the purpose of heating a building
or structure used for human or animal habitation or any accessory
use or structure such as a greenhouse or swimming pool. Other outdoor
heating devices which do not involve the combustion of solid fuels,
such as heat pumps, solar energy devices, or other heating devices
utilizing electricity, oil, propane or natural gas fuels, are not
considered "outdoor fuel-burning appliances" for the purposes of this
Part and are, therefore, exempt from these regulations.
[Ord. 2012-01, 3/15/2012, Art. I]
The following items are prohibited from being burned within
the Township: roof shingles, tires, paint or paint cans, aerosol spray
cans, plastic, rubber, fiberglass, or any other polymers, pressure
treated wood, or any wood treated with CCA (chromate copper arsenic),
creosote or OSMOSE (copper treated) process. Human or animal waste
or any other substance which emits noxious or toxic fumes and smoke
shall not be burned.
[Ord. 2012-01, 3/15/2012, Art. I]
1.
No person shall install, maintain, or operate any outdoor fuel-burning
appliance within the Township without first obtaining a permit. Such
appliance shall meet the minimum United States Environmental Protection
Agency (EPA) standards, such as an outdoor wood-fired boiler that
has been certified or qualified (Phase 2) by the EPA as meeting a
particulate matter emission limit of 0.32 pounds per million BTU output
or lower and is labeled accordingly, or an appliance that meets or
exceeds the above requirements as set forth by the Commonwealth of
Pennsylvania, Department of Environmental Protection (DEP).
2.
The property owner shall be required to submit an application on
forms provided by the Township and a plot plan showing the proposed
location of the appliance, the location and height of all existing
structures on the property, distances from the proposed location of
the appliance to the existing structures and to the boundary lines
of the property. A copy of the manufacturer's specifications and instructions
for the appliance shall also be submitted with the permit application.
3.
The fee for a permit shall be determined by resolution of the Board
of Commissioners from time to time pursuant to the Township fee schedule.
4.
Any violation of the aforementioned conditions shall be deemed a
violation of this Part. Any violation of this Part, or the requirements
of the issued permit, shall void the permit.
[Ord. 2012-01, 3/15/2012, Art. I]
1.
An outdoor fuel burning appliance may be used in Lower Macungie Township
only in accordance with the following provisions:
A.
The appliance must be must be a new Phase 2 (or better) outdoor wood-fired
boiler which meets the current standards of the Title 25. EPA, Subpart
C, Article III, Chapter 121 (General Provisions).
B.
The appliance shall not be used to burn any of the prohibited materials listed in § 10-205 of this Part.
C.
Appliances shall be permitted only in the AP–Agriculture Preservation
and the R–Rural Zoning Districts as depicted on the Official
Zoning Map of Lower Macungie Township.
D.
The lot on which any outdoor fuel-burning appliance is located within
the AP and R Zoning Districts shall have a minimum area of three acres
and the appliance shall not be located less than 200 feet from any
lot line.
E.
The lot on which the outdoor fuel burning appliance is located shall
have a minimum setback of 1,000 feet from any school.
F.
Any appliance shall have a minimum chimney height of 20 feet, or
the maximum height allowed by the manufacturer. If less than 20 feet,
the applicant must provide the Township with documentation from the
manufacturer. If the appliance is attached to the building, the chimney
must be a minimum of two feet above the elevation of the roof or eave.
G.
No more than one appliance shall be permitted per building.
H.
No appliance shall be permitted in any front yard.
I.
The appliance shall be only in operation from September 1 to May
31.
J.
All components used to convey between the appliance and the principal
building must be located within the enclosure, buried underground
and contained within the enclosed building. No exposed conveyances
shall be permitted between the appliance and the building.
K.
If the property owner(s) choose to construct or install the appliance
themselves, the appliance must comply with all federal, state and
Township requirements.
L.
All appliances must comply with the emissions standards as required
for outdoor solid-fuel burning appliances as published by the EPA,
Title 25. All emission standards currently required by EPA are hereby
adopted by reference as well as any amendments or modifications made
to them hereafter.
M.
Ash or waste must be disposed of in an approved and timely manner
pursuant to all DEP and Township requirements.
[Ord. 2012-01, 3/15/2012, Art. I]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and attorney fees. Each day
that a violation of this Part continues or each section of this Part
which shall be found to have been violated shall constitute a separate
offense.
[Ord. 2012-01, 3/15/2012, Art. I]
This Part shall not be construed to be retroactive and shall
not require the removal of any outdoor fuel-burning appliance in existence
within the Township at the effective date of this Part. The existing
appliance may not be replaced and if it is not utilized for a period
of one year, it will be deemed abandoned and must be removed. If an
existing outdoor fuel-burning appliance is more than 50% torn down,
physically deteriorated, or decayed, any rebuilding or restoration
of said outdoor fuel-burning appliance shall be a violation of this
Part.
