CHAPTER 54
BURNING, OUTDOOR
ARTICLE I
OUTDOOR FIRES
§ 54-1. Prohibited
acts.
§ 54-2. Exceptions to burning permitted in
all districts.
§ 54-3. Exceptions to burning permitted
subject to conditions.
§ 54-4. Conditions applying
to § 54-3.
§ 54-5. Violations and penalties.
ARTICLE II
OUTDOOR FUEL-BURNING APPLIANCES
§ 54-6. Purpose.
§ 54-7. Definitions.
§ 54-8. Prohibitions.
§ 54-9. Violations and penalties.
§ 54-10. Grandfather clause.
ARTICLE I
OUTDOOR FIRES
[Adopted 12-20-2004 by Ord. No. 135]
No person, either directly or indirectly, shall ignite, kindle or maintain any bonfire or other fire or authorize or permit such fire to be ignited, kindled or maintained on any public or private street, avenue, road, or public or private land within North Londonderry Township. The burning of building materials, garbage, leaf waste, yard waste, and all recyclables as listed by resolution shall be prohibited.
A. Any fire or incineration maintained
wholly within confines of a permanent structure intended for habitation of human
beings.
B. Recreational fires (defined as a campfire or cooking fire
located at a single-family residence for the purpose of recreation and personal
enjoyment.) Recreational fires shall be maintained in an approved burning
appliance, including, but not limited to devices such as outdoor grills,
chimineas, outdoor barbecue pits, outdoor fireplaces, and portable fire pits.
Recreational fires shall use wood or charcoal as a fuel; the burning of garbage
other debris is prohibited.
C. In the R-1 Zoning District, domestic refuse, being
defined as waste which is generated from normal occupancy of a structure
occupied solely as a dwelling by two (2) families or fewer. The term does
not include appliances (carpets, demolition waste (insulation, shingles, siding,
etc.), furniture, mattresses or box springs, paint, putrescible waste, solvents,
tires, or treated wood.
A. Any fire maintained on property used
exclusively for agricultural purposes. (An "agricultural fire" consists of
the burning of brush, tree remains, stumps, grass, weeds, and the dried remains
of plants formerly growing upon the soil). The material to be burned must
be wholly generated within the farm. Acceptance of material from outside
sources or other properties is expressly prohibited.
B. Any fire maintained for the sole purpose of clearing and
grubbing of land. "Grubbing and clearing of land" is defined as the
removal of trees, shrubs, and other woody plants (including the roots, stems,
trunks, and foliage) in order to clear the land for planting, development, or
other use.
C. Any controlled fire set by a bona fide fire company
for the purpose of instructing personnel in fire fighting.
D. Bonfires for recreational purposes on those
properties clearly designated as recreational use areas (including, but not
limited to, church camps, Boy or Girl Scout camps, public campgrounds, and
private, seasonal recreational use areas such as summer cabins).
A. All fires shall be attended at all
times by a competent adult person. Unattended fires shall be extinguished
or burned out and not allowed to smolder whereby smoke becomes offensive or
hazardous to neighboring residents.
B. Fires shall be set, started or maintained between the hours
of sunrise and sunset, (except in the case of a bona fide recreational
campfire).
C. No fires shall be set on Sundays or national holidays
(except in the case of bona fide recreational campfires).
D. No fire shall be set, started or maintained without prior
notification to the Township Police Department and the Lebanon County Emergency
Management Agency (except in the case of bona fide recreational campfires).
E. Prior to conducting a controlled burn for training
purposes, the fire company shall submit an application for open burning
exception to the Department of Environmental Protection.
F. Prior to burning material as a result of the
grubbing/clearing of land, the property owner shall notify the Bureau of Air
Quality of the Department of Environmental Protection.
G. No fire shall be set when weather and/or atmospheric
conditions, such as wind, fog, or other physical conditions, make such fires
hazardous to human life and/or property.
This article shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, firm, partnership or corporation who violates or permits the violation of this article shall, upon conviction in a summary proceeding, be punishable by a fine of not more than one thousand dollars ($1,000.) or imprisonment for a term not exceeding ninety (90) days. Each day or portion thereof that such violation continues, or is permitted to continue, shall constitute a separate offense. Each section of this article that is violated shall also constitute a separate offense.
ARTICLE II
OUTDOOR FUEL-BURNING APPLIANCES
[Adopted 12-15-2008 by Ord. No. 150]
A. The residences, industrial and
commercial establishments that are situated within North Londonderry Township
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 the storage of combustible solid fuels in adjacent or
exposed exterior areas within densely populated areas.
B. These regulations shall provide for the installation
of exterior furnaces or exterior burning devices, the primary purpose of which
is to convert solid combustible fuel into a heat or energy source for interior
spaces.
As used in this article, the following terms shall have
the meanings indicated:
OUTDOOR FUEL-BURNING APPLIANCE - Any device, including
a furnace, outdoor wood boiler, stove or boiler, designed and constructed to
burn solid fuels, including wood, coal or other solid fuels manufactured for
placement outdoors to provide the heat or energy source of another structure.
An outdoor fuel-burning appliance utilizing a heat pump or one which uses solar
energy, electric, oil, propane, gas or natural gas shall not be included in this
definition and the same are exempt from the prohibitions provided for in this
article.
A. All outdoor fuel-burning appliances
shall be located on properties containing two (2) acres (87,120 square feet) or
more and not less than twenty (20) feet from the nearest adjoining property
lines.
B. No outdoor fuel-burning appliance will be permitted
to burn any materials other than those fuels approved by the manufacturer of the
outdoor fuel-burning appliance. Burning of tires, plastics, polyethylene
and garbage is strictly prohibited.
C. All outdoor fuel-burning appliances shall have a flue or
chimney with a minimum termination height of fifteen (15) feet above the natural
ground level upon which the outdoor fuel-burning appliance is located.
D. A building permit shall be required prior to the
installation of an outdoor fuel-burning appliance. Prior to issuance of a
building permit, the applicant shall provide the manufacturer's installation
manuals. Any permit issued may be suspended if necessary to protect the
public health, safety, welfare and well-being of residents of North Londonderry
Township.
E. All outdoor fuel-burning appliances installed after the
effective date of this article and prior to being placed into service for use
shall be inspected by the Township's Building Code Enforcement Officer for the
purpose of issuing a permit allowing operation of said outdoor fuel-burning
appliance. Installation shall comply with manufacturer's specifications.
F. Operation of said outdoor fuel-burning appliances may be
suspended at any time by the Board of Supervisors or its agent if necessary to
protect the public health, safety, welfare and well-being of residents of North
Londonderry Township.
Any person, firm, corporation, or other entity who shall violate or shall fail to comply with any of the provisions of this article or any rules and regulations promulgated pursuant hereto shall, upon conviction thereof, be sentenced to pay a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) together with the costs of prosecution, and, in default of payment of the fine or penalty imposed and the costs, to imprisonment in the county jail for a period not exceeding thirty (30) days, provided that each day's continuance of a violation or failure to comply with any provisions of this article or any rules or regulations promulgated pursuant hereto shall constitute a separate offense.
A. This article shall not be construed
to be retroactive and shall not require the removal of any outdoor fuel-burning
appliance in existence within the North Londonderry Township as of the effective
date of this article. All outdoor fuel-burning appliances in existence as
of the effective date of this article shall have or must erect a flue or chimney
which has a minimum termination height of fifteen (15) feet above the natural
ground level upon which the appliance is located. Further, all such
existing systems may be replaced and/or repaired if necessary.
B. "Existing" or "in existence" means that the outdoor
fuel-burning appliance is on the site, in place and operating, or can be
operated at the time this article becomes effective.