Part 5
Outdoor Furnace/Incinerator
§10-501 Definitions.
The following words, terms and phrases, when used in this Part, shall have the following meanings:
Board - the Board of Supervisors of Wolf Township, Lycoming County, Pennsylvania.
Dwelling - a building designed or used as the living quarters for one or more families.
Outdoor Furnace/Incinerator - a device located outside a dwelling or structure and used to burn combustible materials for the purpose of generating heat inside the building or structure. An outdoor furnace/incinerator shall be considered a “structure” for purposes of any other ordinance or regulation applying to or effective in the Township including, but not limited to, zoning ordinances and building codes.
Person - 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 the law as the subject of rights and duties.
Structure - anything constructed or installed or portable that requires for normal use a location on a parcel of land. This includes any movable structure located on land, which can be used either temporarily or permanently for housing, business, garages, workshops, barns, incinerators and accessory buildings.
(Ord. 2009-03, 3/9/2009, Art. I)
§10-502 Regulations.
1. An outdoor furnace/incinerator must meet EPA standards.
2. No combustible materials other than untreated wood, coal or wood products specifically manufactured for use in wood furnaces/incinerators (e.g., wood pellets) shall be burned in an outdoor furnace/incinerator. For purposes of this Part, railroad ties and pressure treated lumber are not considered to be untreated wood.
3. An outdoor furnace/incinerator shall be considered an accessory structure for the purposes of the Zoning Ordinance [Chapter 27] effective in the Township and shall be subject to the applicable terms and yard setback distances contained in such ordinance and shall be subject to all building codes.
4. A minimum lot size of 2 ¾ acres is required for the installation of an outdoor furnace/incinerator.
5. An outdoor furnace/incinerator shall be located at least 10 feet from any structure located on the property where the outdoor furnace/incinerator is located.
6. An outdoor furnace/incinerator must have a vent stack or chimney which:
A. Shall terminate a minimum of 20 feet above the highest part of the outdoor furnace/incinerator or 2 feet higher than the highest point on any dwelling located on the property, whichever is greater.
B. Shall be firmly secured to prevent toppling.
C. Shall be fitted with a spark arrestor.
7. A draft induced blower must be installed on the vent stack to create a positive draft.
8. Except for subsection .2 relative to combustible materials, the regulations in this Section shall not apply to outdoor furnace/incinerators installed prior to the effective date of this Part. If an outdoor furnace/incinerator installed prior to the effective date of this Part is being operated in such a manner as to create a nuisance the regulations in this Section shall apply.
(Ord. 2009-03, 3/9/2009, Art. I)
§10-503 Enforcement Order.
1. Any duly authorized agent or officer of the Township of Wolf shall have the power and duty to enforce the provisions of this Part.
2. Any duly authorized enforcement officer hereunder may issue such orders as are necessary to aid in the enforcement of the provisions of this Part. These orders shall include, but shall not be limited to, orders requiring persons to cease use of an outdoor furnace/incinerator which is inconsistent with or in violation of the regulations detailed in this Part. Any duly authorized enforcement officer hereunder may also issue orders requiring persons to take corrective actions or to abate a public nuisance. Such an order may be issued by any duly authorized officer if such officer finds that any person is in violation of any provision of this Part or the regulations specified herein.
3. An order issued under this Section shall take effect upon notice, unless the order specifies otherwise.
4. The authority of any duly authorized officer hereunder to issue an order under this Section shall be in addition to any other remedy or penalty which may be available under law. The failure of any person to comply with any such order is hereby declared to be a violation of this Part.
(Ord. 2009-03, 3/9/2009, Art. I)
§10-504 Violations and Penalties.
Any person who violates any provision of this Part or any order a duly authorized officer hereunder issued pursuant to this Part, upon conviction thereof before a district judge in accordance with the Pennsylvania Rules of Criminal Procedure, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fines and costs, to a term of imprisonment not to exceed 90 days. Consistent with the Second Class Township Code at 53 P.S. §66601(c.1)(5), a separate offense shall be deemed to arise for each day or portion thereof of which a violation is found to exist or for each Section of this Part which is found to have been violated.
(Ord. 2009-03, 3/9/2009, Art. I)