[HISTORY: Adopted by the Borough Council of the Borough of South Waverly 7-10-2007 by Ord. No. 7-10-07 (Ch. 95 of the 1992 Code). Amendments noted where applicable.]
Residences and 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 solid fuels in adjacent or exposed exterior areas within densely populated areas.
This chapter shall provide for the prohibition of the installation of any new exterior furnace or exterior burning device, the primary purpose of which is to convert solid combustible fuel into a heat or energy source for interior spaces for all residential, commercial and industrial districts and the regulation of such devices in the Agricultural District. Existing outdoor fuel-burning appliances at the time of the adoption of this chapter shall be allowed as a nonconforming use subject to installing a chimney 15 feet in height.
Research indicates outdoor fuel-burning appliances cause an emission problem that crosses property lines; because the smoke stays close to the ground it can easily reach humans working or playing outdoors or penetrate 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, and worsen respiratory diseases such as asthma, emphysema, and bronchitis.
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR FUEL-BURNING APPLIANCE
- A device, including any furnace, stove or boiler, designed and constructed to burn solid fuels, including wood, coal, corn pellets, or other solid fuels, manufactured for placement outdoors for the heating of occupied space of a structure. This is including but not limited to a residential dwelling, business, garage, hobby shop, shed, or any other type of occupied structure that utilizes a heating source. An outdoor fuel-burning appliance utilizing a heat pump or that uses the following fuel sources—solar energy, electric, oil, propane gas or natural gas—will not be included in this definition and is exempt from the prohibition provided in this chapter.
All future outdoor fuel-burning appliances are hereby prohibited within the South Waverly Borough in all of the zoned districts, except for the Agricultural District. An outdoor fuel-burning appliance utilizing solar energy, electric, oil, propane gas or natural gas will not be included in this definition and is exempt from the prohibition provided in this chapter.
Existing outdoor fuel-burning appliances at the time of the adoption of this chapter in residential, commercial, and industrial districts shall be allowed as a nonconforming use subject to installing a chimney 15 feet in height.
Outdoor fuel-burning appliances shall be allowed in the Agricultural District without any restriction on the height of the chimney.
Any exterior furnace or furnace device shall be situated in any exterior location for the purpose of the combustion of any fuel for the creation of heat or energy into any interior space, and any such system or component part thereof shall be permitted to be operated in any Agricultural District within the municipality subject to the setbacks set forth herein.
Standards for the installation of any exterior furnace or furnace device, exterior, in addition to any manufacturer's recommended installation requirements, shall also require the following:
All outdoors fuel-burning appliances existing after the effective date of this chapter shall have a flue or chimney, which has a minimum termination height of 15 feet above the natural ground level upon which the appliance is located, except in the Agricultural District.
The location of the exterior furnace must comply with the front yard setback regulations and comply with all separation distances from other structures on the premises as may be imposed by the Zoning Code of the Borough of South Waverly and the Building Code of the State of Pennsylvania.
Installation of any electrical or plumbing apparatus or device used in connection with the operation of an exterior furnace shall be in conformity with all applicable electrical and plumbing codes and, in the absence of such code, in conformity with the manufacturer's installation specifications.
Any exterior furnace or furnace device, exterior, installation abutting another property in the Agricultural District shall maintain a setback greater than 200 feet in distance from the adjoining property line on all sides. For purposes of this chapter, the zoning setbacks for the side and rear shall be 200 feet. There shall be no setback for any existing outdoor fuel-burning appliances except those that existed at the time the device was installed.
Fuel substances prohibited for combustion in an exterior furnace installation shall include the following:
No exterior furnace shall be utilized in any manner as a waste incinerator.
To the fullest extent required by federal or state statutes, rules and regulations and in accordance with the manufacturer's specifications, the installation, maintenance and use of any exterior furnace or furnace device, exterior, as herein defined, shall be installed, maintained and generated in conformity therewith.
This chapter shall in no way be construed nor is the same intended to prohibit the installation, operation or use of exterior chimneys, stove pipes or similar contrivances that are otherwise in conformity with other federal or state laws, rules or regulations constituting any part of any interior furnace system or interior stove system or operation or any system that provides the exhaust of waste heat, smoke or similar substances from interior spaces.
Such units shall be installed and operated in a manner as will not allow smoke or fumes to enter the air space on neighboring properties.
This chapter shall not be construed to be retroactive and shall not require the removal of any outdoor fuel-burning appliance in existence within the Borough at the effective date of this chapter. However, all preexisting systems shall be required to install a fifteen-foot chimney as set forth in § 274-4. The existing systems may not be replaced, and if they are not utilized for a period of one year, they will be deemed abandoned and must be removed.
The existing systems may not be replaced, and if they are not utilized for a period of one year, they will be deemed abandoned and must be removed. If an 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 chapter. Once the preexisting system falls into disrepair, it must be removed.
[Added 6-2-2010 by Ord. No. 06-02-10-02]
The contracting police agency is authorized to assist the Code Enforcement Officer to enforce the provisions of this chapter.
Editor's Note: This ordinance also provided for an effective time and date of 12:00 midnight on 6-30-2010, further providing that the South Waverly Borough Police Department be disbanded at that time contemporaneously with the commencement of police services in South Waverly Borough by Sayre Borough Police Department pursuant to an agreement of 3-1-2010.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Bradford County.