[Ord. 2011-01, 7/11/2011, § 1]
This Part shall be known and may be cited as the "2011 Lower
Mount Bethel Township Outdoor Wood-Fired Boiler Ordinance."
[Ord. 2011-01, 7/11/2011, § 2]
This Part is enacted pursuant to the authority of the Act of
Assembly of May 1, 1933, P.L. 103, 53 P.S. § 65101 et seq.,
as amended, and the APCA (defined below).
[Ord. 2011-01, 7/11/2011, § 3]
When used in this Part, the following words, terms and phrases
shall have the following meanings ascribed to them, unless the context
clearly indicates otherwise:
Air Pollution Control Act, 35 P.S. § 4001 et seq.,
as amended.
Board of Supervisors of Lower Mount Bethel Township, Northampton
County, Commonwealth of Pennsylvania.
Natural wood that has no paint, stains or other types of
coatings, and natural wood that has not been treated, including but
not limited to, with copper chromium arsenate, creosote or pentachlorophenol.
United States Environmental Protection Agency.
An outdoor wood-fired boiler that, as of the effective date
of this Part, is installed and operated on a property in the Township
and which does not comply with all requirements of this Part, including
but not limitation, placement, emission limits, etc.
A device designed to burn clean wood or other approved solid
fuels that the manufacturer specifies for outdoor installation or
for installation in structures not intended for habitation by humans
or domestic animals, including, but not limited to, structures such
as garages and sheds, that heats building space and/or water through
the distribution, typically through pipes, of a fluid heated within
the device, typically water or a mixture of water and antifreeze.
An outdoor wood-fired boiler is also commonly known as an outdoor
wood-fired furnace, an outdoor wood-burning appliance or an outdoor
hydronic heater, all of which are included in the definition of an
outdoor wood-fired boiler hereunder.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law.
An outdoor wood-fired boiler that has been certified or qualified
by the EPA as meeting a particulate matter emission limit of 0.32
pounds per million British Thermal Units output and is labeled accordingly.
Phase 2 outdoor wood-fired boiler models are identified with a white
hang tag and are commonly referred to as white label boilers.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from an outdoor wood-fired boiler, especially
that part of a structure extending above a roof.
Lower Mount Bethel Township, Northampton County, Commonwealth
of Pennsylvania.
[Ord. 2011-01, 7/11/2011, § 4]
This Part applies to the installation, maintenance and use of
all outdoor wood-fired boilers within the Township. This Part does
not apply to grilling or cooking using charcoal, wood, propane or
natural gas in cooking or grilling appliances. Further, this Part
does not apply to burning in a stove, furnace, fireplace or other
heating device within a building intended to be used for human or
domestic animal habitation. Finally, 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. 2011-01, 7/11/2011, § 5]
1.
Following the effective date of this Part, no person shall install
an outdoor wood-fired boiler that is not yet installed as of the effective
date of this Part unless such installation is in strict compliance
with the requirements of this section.
A.
Outdoor Wood-Fired Boilers Permitted. Outdoor wood-fired boilers
installed following the effective date of this Part shall be Phase
2 outdoor wood-fired boilers or boilers certified by the EPA to exceed
the Phase 2 particulate matter emission limit of 0.32 pounds per million
British Thermal Units output.
B.
Setback Requirements. All permitted outdoor wood-fired boilers shall
be installed at least 100 feet from the nearest property line.
C.
Stack Height Requirements for Outdoor Wood-Fired Boilers. All permitted
outdoor wood-fired boilers shall be constructed with a permanently
attached stack. The height of the stack shall be the height required
by the manufacturer's specifications and instructions to maintain
the validity of the manufacturer's warranty.
D.
Fuel Limitations. No person may use or operate any outdoor wood-fired
boiler with fuel other than the following: (1) clean wood; (2) wood
pellets made from clean wood; (3) home heating oil, natural gas or
propane that complies with all applicable sulfur limits and is used
solely as a starter or supplemental fuel for dual-fired outdoor wood-fired
boilers; and (4) any fuels source contained in the manufacturer's
specifications and instructions. Burning of materials not listed in
this paragraph shall be prohibited.
E.
Year Round Use of Outdoor Wood-Fired Boilers. Permitted outdoor wood-fired
boilers may be operated year round.
F.
Compliance with Regulatory Requirements. The outdoor wood-fired boiler
shall be maintained and operated in compliance with all applicable
regulations, including, but not limited to, emission air quality standards
promulgated by the EPA or the Pennsylvania Department of Environmental
Protection, and any other relevant rules, laws, orders and regulations.
G.
Disposal of Ash and Waste. Ashes or waste from the operation and
use of a permitted outdoor wood-fired boiler shall not be accumulated
in a concentrated area of the property. Large accumulations of ashes
and waste must be disposed of regularly by lawful means. Notwithstanding
the foregoing, ashes and waste may be dispersed throughout the property
as long as there is no visible accumulation of ash and waste. Any
person disposing of ashes and waste on their property shall be required
to take those steps necessary to prevent the ashes and/or waste from
leaving the property by any means, including but not limited to transmission
in the air or in stormwater runoff. Failure to contain ashes or waste
within the property boundary shall be a violation of this Part.
[Ord. 2011-01, 7/11/2011, § 6]
1.
Following the effective date of this Part, no person shall use an
outdoor wood-fired boiler that was installed before the effective
date of this Part unless such outdoor wood-fired boiler is improved
and thereafter operated in strict compliance with the requirements
of this section.
A.
Registration. Any person desiring to continue the use and operation
of a nonconforming outdoor wood-fired boiler must register said nonconforming
outdoor wood-fired boiler with Township. In connection with the registration,
the owner of the nonconforming outdoor wood-fired boiler shall apply
for an operating permit on a form prepared by the Township. The information
presented with the permit application shall demonstrate that the proposed
use and operation of the nonconforming outdoor wood-fired boiler meets
all the requirements of this section. The applicant for such a permit
shall:
(1)
Present a written application on a form prepared by the Township
and pay the application fee as established by the Board from time
to time.
(2)
Present a plan showing all property lines, the locations of
all dwellings or occupied buildings on adjoining properties and the
location of the nonconforming outdoor wood-fired boiler.
(3)
Present evidence that the applicant has obtained all other permits
required for the work required to be performed on the nonconforming
outdoor wood-fired boiler, including but not limited to zoning permit(s)
and building permit(s) for the work required by Subsection 1C hereunder.
(4)
Demonstrate compliance with the requirements of this Part, including
but not limited to the stack height regulations.
(5)
Be signed by all owners of the property on which the nonconforming
outdoor wood-fired boiler is located and the contractor performing
the work required to be completed on the nonconforming outdoor wood-fired
boiler.
Submission of the permit application shall be deemed to be an
express authorization from the owner for Township Zoning Officer,
and any other Township official, to enter property and inspect the
nonconforming outdoor wood-fired boiler upon prior written notice
to determine compliance with the terms of this Part. Failure to register
and obtain the required permit prior to use of a nonconforming outdoor
wood-fired boiler shall be a violation of this Part.
B.
Operation. All nonconforming outdoor wood-fired boilers shall be
operated and maintained in strict conformance with the manufacturer's
specifications and instructions. In the event of a conflict between
the manufacturer's specifications and instructions and the requirements
of this Part, the most strict regulation on the operation of the nonconforming
outdoor wood-fired boiler shall apply.
C.
Improvements Required. The following improvements shall be made to
any nonconforming outdoor wood-fired boiler unless the nonconforming
outdoor wood-fired boiler already complies with the following requirements
of this paragraph. Completion of the improvements required by this
paragraph shall not change the nature of a nonconforming outdoor wood-fired
boiler to a conforming outdoor wood-fired boiler.
(1)
Stack Height Requirements. No person shall use or operate a
nonconforming outdoor wood-fired boiler until it has been improved
to include a permanently attached stack at least 15 feet above the
ground.
(2)
Fan or Blower for Efficiency. All persons seeking to operate
a nonconforming outdoor wood-fired boiler shall install a fan or blower
to increase the efficiency of the unit.
D.
Fuel Limitations. No person may use or operate a nonconforming outdoor
wood-fired boiler with fuel other than the following: (1) clean wood;
(2) wood pellets made from clean wood; (3) home heating oil, natural
gas or propane that complies with all applicable sulfur limits and
is used solely as a starter or supplemental fuel for dual-fired outdoor
wood-fired boilers; and (4) any fuels source contained in the manufacturer's
specifications and instructions. Burning of materials not listed in
this paragraph shall be prohibited.
E.
Seasonal Restrictions on Use. No person shall use or operate a nonconforming
outdoor wood-fired boiler between the dates of May 15 and September
15.
F.
Disposal of Ash and Waste. Ashes or waste from the operation and
use of a nonconforming outdoor wood-fired boiler shall not be accumulated
in a concentrated area of the property. Large accumulations of ashes
and waste must be disposed of regularly by lawful means. Notwithstanding
the foregoing, ashes and waste may be dispersed throughout the property
as long as there is no visible accumulation of ash and waste. Any
person disposing of ashes and waste on their property shall be required
to take those steps necessary to prevent the ashes and/or waste from
leaving the property by any means, including but not limited to transmission
in the air or in stormwater runoff. Failure to contain ashes or waste
within the property boundary shall be a violation of this Part.
G.
Compliance upon Replacement. If any nonconforming outdoor wood-fired
boiler is more than 50% torn down, physically deteriorated or decayed,
the nonconforming outdoor wood-fired boiler shall be removed and/or
replaced with an outdoor wood-fired boiler that complies with all
of the regulations of this Part applicable to newly installed outdoor
wood-fired boilers.
[Ord. 2011-01, 7/11/2011, § 7]
1.
No person shall install an outdoor wood-fired boiler following the
effective date of this Part unless a permit is first obtained from
the Township. The applicant for such a permit shall:
A.
Present a written application on a form prepared by the Township
and pay the application fee as established by resolution of the Board
of Supervisors from time to time.
B.
Present a plan showing all property lines, the locations of all dwellings
or occupied buildings on adjoining properties and the proposed location
of the outdoor wood-fired boiler.
C.
Present evidence that the applicant has obtained all other permits
required for the installation of the proposed outdoor wood-fired boiler,
including, but not limited to, zoning permit(s) and building permit(s)
for the installation and construction of the outdoor wood-fired boiler
to the mechanical system of the structure it will serve.
D.
Demonstrate compliance with the requirements of this Part, including,
but not limited to, the setback and Stack height regulations.
E.
Provide a copy of the manufacturer's specifications and instructions
along with a statement signed by the applicant indicating that the
applicant agrees to comply with the manufacturer's specifications
and instructions and not alter the outdoor wood-fired boiler at any
time.
F.
Be signed by all owners of the property on which the outdoor wood-fired
boiler will be located and the contractor installing the outdoor wood-fired
boiler.
2.
Submission of the permit application shall be deemed to be an express
authorization from the owner for Township Zoning Officer, and any
other Township official, to enter property and inspect the outdoor
wood-fired boiler to determine compliance with the terms of this Part.
3.
Failure to obtain the required permit prior to installation of an
outdoor wood-fired boiler shall be a violation of this Part.
[Ord. 2011-01, 7/11/2011, § 8]
1.
The Township's Zoning Officer, or other agent designated by
the Township, shall have the power and duty to administer and enforce
the provisions of this Part.
2.
The Zoning Officer may issue such orders as are necessary to aid
in the enforcement of the provisions of this Part. These orders may
include, but shall not be limited to, orders requiring persons to
cease unlawful use of outdoor wood-fired boilers, which is in violation
of any provision of this Part, orders to take corrective action, orders
to abate a public nuisance and/or orders requiring production of information.
3.
An order issued under this section shall take effect upon written
notice, unless the order specifies otherwise or a timely appeal of
such order is filed.
4.
The authority of the Zoning Officer to issue an order under this
section is in addition to any remedy or penalty that may be imposed
pursuant to this Part. The failure to comply with any such order is
hereby declared to be a public nuisance.
[Ord. 2011-01, 7/11/2011, § 9; as amended by A.O.]
1.
Criminal Penalties. Any person, firm or corporation who shall violate
any provision of this Part, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not less than $100
nor more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 90 days. 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. The Township Solicitor's office may assume
charge of the prosecution without the consent of the District Attorney
as required under the applicable Pennsylvania Rules of Criminal Procedure
relating to trial in summary cases. All fines and penalties collected
for any violation of this Part shall be paid to the Township and delivered
to the Township treasurer for deposit. [A.O.]
2.
Civil Penalties. Any person, firm or corporation who fails to comply
with any or all of the requirements or provisions of this Part, or
who fails or refuses to comply with any notices, order or direction
of the Zoning Officer, or any other authorized Township employee,
upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Any person who violates this Part shall also
be liable for all costs and expenses incurred by the Township in the
enforcement of this Part, including, but not limited to, court costs
and reasonable attorneys' fees incurred by the Township. 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. [A.O.]
3.
Enforcement in Equity. In addition to or in lieu of an enforcement
action before a magisterial district judge or imposition of civil
penalties, the Township may enforce this Part as an equity action
in the Northampton County Court of Common Pleas.
4.
Separate Offenses. Each day or any portion thereof in which a violation
is found to exist shall be considered a separate offense under this
Part. Likewise, each section of this Part which is found to be violated
shall be considered a separate offense.
[Ord. 2011-01, 7/11/2011, § 10]
It shall be unlawful for any person to fail to comply with or
cause or assist in the violation of any provisions of this Part or
fail to comply with any order issued by or on behalf of the Township
pursuant to this Part. It shall be unlawful for any person to cause
a public nuisance by violating the provisions of this Part. In addition,
it shall be unlawful for any person to hinder, obstruct, prevent or
interfere with the Township, the Zoning Officer or any other Township
personnel in the performance of any duty hereunder, including, but
not limited to, denying the Zoning Officer access to the property
to inspect or otherwise observe any outdoor wood-fired boiler.
[Ord. 2011-01, 7/11/2011, § 11]
A violation of this Part or of any order issued by the Township
pursuant to the provisions of this Part shall constitute a public
nuisance. The Township shall have the authority to order any person
causing a public nuisance to abate the public nuisance. In the event
that the person fails to abate the public nuisance, the Township shall
have the authority to enter upon the property and abate the public
nuisance. The Township shall be entitled to recover the expenses of
abatement following the process for assessment and collection of a
civil penalty contained in this Part.
[Ord. 2011-01, 7/11/2011, § 12]
The Township, and its boards, committees and commissions, their
elected and appointed officials and their employees, contractors and
other professional consultants, engineers, solicitors, managers, representatives,
advisors, predecessors, successors, agents, independent contractors,
insurers and assigns shall not be liable or responsible for damages
to any person or property caused by, resulting from, relating to or
arising out of the issuance of any permit under this Part or by reason
of the conduct of any activity undertaken pursuant to this Part.
[Ord. 2010-07, 12/13/2010, § 1]
This Part shall be known as the "2010 Lower Mount Bethel Township
Burning Ordinance."
[Ord. 2010-07, 12/13/2010, § 2]
This Part is enacted pursuant to the authority of the Act of
Assembly of May 1, 1933, P.L. 103, as amended.
[Ord. 2010-07, 12/13/2010, § 3]
When used in this Part, the following words, terms, and phrases
shall have the following meanings respectively ascribed to them, unless
the context clearly indicates otherwise:
The act of consuming by fire; to flame, char, scorch, or
blaze. As used in this Part, smoldering shall have the same meaning
as burning and any smoldering shall be deemed a burning. The terms
"burn" and "burned" shall have the same meaning as burning.
An area-wide prohibition on all outdoor burning imposed by
a government body or authority, whether local, state, or federal.
Trees, shrubs and other vegetation which are cleared from
land during or prior to the process of construction. The terms does
not include demolition wastes and dirt laden roots.
Waste which is generated as the result of construction or
demolition, which shall include, however, is not limited to, shingles,
paint, siding, insulation, metals, carpet, flooring, all solid or
liquid material or rubbish, plastic products, cartons, grease, oil
and other petroleum products, chemicals, cinders, and other forms
of solid or liquid waste materials.
Waste which is generated from the normal residential occupancy
of a structure, occupied solely as a dwelling by two families or less,
including, but not limited to, all animal and vegetable matter resulting
from the handling, preparation, cooking and consumption of food. The
term does not include appliances, construction waste, furniture, mattresses
or box springs, putrescible waste, solvents, tires or treated wood.
The person(s) appointed by the Lower Mount Bethel Township
Board of Supervisors in accordance with the Pennsylvania Emergency
Management Services Code, 35 Pa.C.S.A. § 3101 et seq.
The fire company officially recognized by the Lower Mount
Bethel Township Board of Supervisors from time to time.
Responsible party for a subject property, including, but
not limited to, the record owner of the property and/or any tenant
of the property.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district authority
or any other legal entity whatsoever which is recognized by law.
An outdoor fire set solely for cooking, aesthetics, recreational
and/or social gathering purposes, and not for the purpose of disposing
of yard waste, which fire burns in an outdoor fire place, wood stove,
chimineas, patio heater, fire pit, permanent or temporary fire ring
with a defined barrier or similar fire proof structure intended to
prevent the spread of fire.
Clear glass containers, brown glass containers, green glass
containers, aluminum cans, bimetal cans, plastic containers, newspapers
and corrugated paper (cardboard).
An individual 18 years or older who is not under the influence
of drugs or alcohol or suffering from any other disability which would
impair his or her ability to properly supervise and physically manage
a fire.
Leaves, grass clippings, garden residue, tree trimmings,
brush, chipped shrubbery and other vegetative material not otherwise
fitting within the definition of clearing and grubbing waste.
[Ord. 2010-07, 12/13/2010, § 4]
No person shall set or maintain any fire upon any street, sidewalk,
alley or public ground within the Township of Lower Mount Bethel,
or burn or cause to be burned thereon any substance or material of
any kind. The Board of Supervisors retains the right to waive the
restriction found in this section in its sole and absolute discretion.
[Ord. 2010-07, 12/13/2010, § 5]
1.
No person shall set or maintain any fire, or burn or cause to be
burned any substance or material of any kind on private property unless
in strict compliance with the following regulations:
A.
All fires may only be ignited by a responsible adult. All fires must
be attended at all times by at least one responsible adult.
B.
Prior to igniting a fire, the area around the fire shall be raked
and free of leaves, twigs, and other combustible material for a distance
of 10 feet.
C.
An adequate supply of water or fire extinguishers sufficient to extinguish
the fire must be kept in close proximity to the fire.
D.
No fires may be ignited, maintained, or allowed to smolder during
burning bans.
E.
All fires must be extinguished by sunset prevailing local time.
F.
Prior to burning, the owner shall secure permission from the Fire
Chief or Assistant Fire Chief of the Fire Department at least 24 hours
in advance. Permission shall only be given after the Fire Chief or
the Assistant Fire Chief has concluded that such burning can be done
in a safe manner that does not constitute a nuisance and/or jeopardize
the health, safety and welfare of Township residents.
[Ord. 2010-07, 12/13/2010, § 6]
1.
Notwithstanding any regulations found in § 10-205 above, recreational fires are permitted on private property at any time, provided that the burning associated with a recreational fire shall:
[Ord. 2010-07, 12/13/2010, § 7]
1.
The following materials shall not be burned in Lower Mount Bethel
Township at any time, under any circumstance:
[Ord. 2010-07, 12/13/2010, § 8]
1.
The Lower Mount Bethel Township Board of Supervisors authorizes the
Fire Department to establish a burning ban when conditions are present
that represent a greater risk to the public's health and safety.
The Lower Mount Bethel Township Board of Supervisors also authorizes
the Emergency Management Coordinator to establish a burning ban, if
he or she deems it to be in the best interest of the health, safety
and welfare of the residents. A burning ban shall be publicly advertised
in a newspaper of general circulation in the Township by the individual
establishing the burning ban and the removal of the burning ban shall
be publicly advertised in a newspaper of general circulation in the
Township.
2.
During a burning ban, all burning on private property shall constitute
a violation of this Part.
3.
No burning shall occur on red flag days as determined by the National
Weather Service.
[Ord. 2010-07, 12/13/2010, § 9]
1.
The Board of Supervisors of Lower Mount Bethel Township grants authority
of enforcement of this Part to the following officers of the designated
Fire Department: Fire Chief, 1st Assistant Chief, 2nd Assistant Chief,
Lieutenant and Captain, as well as the designated Township Zoning
Officer.
2.
The designated enforcement officers may:
A.
File the appropriate citations with the magisterial district judge
and attend legal proceedings on behalf of the Township in exercising
enforcement of this Part.
B.
Enter and inspect, pursuant to consent or appropriate legal authorization,
any building, property, premise or place for the purpose of investigating
an actual or suspected source of burning or for the purpose of ascertaining
compliance or noncompliance with any regulation of this Part.
C.
Send written notice of any violation of this Part to the person responsible
for the violation.
[Ord. 2010-07, 12/13/2010, § 10; as amended by
A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. 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. The
Township Solicitor's office may assume charge of the prosecution
without the consent of the District Attorney as required under the
applicable Pennsylvania Rules of Criminal Procedure relating to trial
in summary cases. All fines and penalties collected for any violation
of this Part shall be paid to the Township and delivered to the Township
Treasurer for deposit.
[Ord. 2010-07, 12/13/2010, § 11]
1.
In addition to or in lieu of an enforcement action before a magisterial
district judge, the Township may enforce this Part as an equity action
in the Northampton County Court of Common Pleas. In the event an abatement
notice has been issued which is being violated, or in any other appropriate
circumstance, any official designated by this Part is authorized on
behalf of the Township to institute an action in equity for an injunction
to enforce compliance herewith and/or to restrain continuous violations
of this Part.
2.
In the case of a burning requiring firefighters and/or equipment
and upon conviction of any violation of this Part and/or upon being
found to be in violation of this Part in a civil action, the owner
shall also pay charges in order to cover the firefighting costs, including,
but not limited to, the following fire fighting equipment, pumpers,
tankers, chain saws, etc. Additional labor charges shall be assessed
under this Part based upon an hourly rate for all firemen engaged
in the firefighting activities, The Board of Supervisors shall determine
by resolution a reasonable schedule of costs based upon mileage, operating
costs and fire fighting equipment and man hours. These charges shall
be in addition to and not in lieu of any penalties provided elsewhere
in this Part.
3.
The owner shall be also liable for damage to any equipment of the
Township or the Fire Department utilized in response to a burning
that is determined to be in violation of this Part.
4.
The Board of Supervisors of Lower Mount Bethel Township authorizes
the Solicitor's office to seek restitution of damages and payment
of any costs chargeable to a violator of this Part as set forth in
this section, including collection of reasonable attorneys' fees
incurred by the Township in prosecuting any civil action under this
Part, all in the appropriate method prescribed by the laws of the
Commonwealth of Pennsylvania.
