10-18/10/2006

CHAPTER 10

HEALTH AND SAFETY

Part 1

Junkyard Regulations

§101. Short title§102. Definitions§103. License Required; Fees§104. Transfer of License; Transfer Fee§105. Extension or Enlargement of Existing Junkyards§106. Posting of Junkyard Licenses; Operating Procedures§107. Manner and Requirements for the Storage of Junk§108. Time Limit for Allowing Materials to Remain on Premises§109. Certain Materials Not to Be Received or Stored in Junkyard§110. Fencing and Screening: Maintenance§111. Right of Entry for Inspection; Additional Regulations Authorized§112. Exceptions for Existing Junkyards§113. Compliance with All Applicable Health and Environmental Statutes,

Laws, Rules and Regulations of the Commonwealth of Pennsylvania§114. Time Limit for Existing Establishments to Comply and Obtain License§115. Penalties§116. Enforcement of Remedies

Part 2

Liquid Animal Waste Storage Facilities

§201. Definitions§202. Technical Requirements for Liquid Animal Waste Storage Facilities§203. Technical Requirements for Collection Systems for Washdown Water§204. General Requirements§205. Designation of Enforcement Officer§206. Penalties and Enforcement

Part 3

Nuisances

§301. Definitions§302. Nuisances Declared Illegal

HEALTH AND SAFETY

10-2 8/13/2009

§303. Written Notice to Violators Required§304. Penalty for Violation§305. Designation of Enforcement Officer

Part 4

Outdoor Wood Burning Appliances

§401. Definitions§402. Applicability§403. Prohibition of Burning Certain Materials§404. Regulations for Existing Outdoor Solid Fuel Burning Furnaces or

Appliances§405. Outdoor Solid Fuel Burning Furnaces or Appliances§406. Permits§407. Liability§408. Penalty for Violation§409. Designation of Enforcement Officer

(10, PART 1)

Part 1

Junkyard Regulations

§101. Short title.

This Part shall be known and may be cited as the "Swatara Township Junkyard Ordi-nance."

(Ord. 2002-54, 7/11/2002)

§102. Definitions.

1. Unless otherwise expressly stated, the following words and phrases shall be con- strued throughout this Part to have the following meanings herein indicated:

BOARD OF SUPERVISORS — Supervisors of Swatara Township, Lebanon County, Pennsylvania.

FARM MACHINERY — all types of machinery and equipment which were origi-nally manufactured for farm use, which are retained on farm properties, either as operable equipment or for the purpose of salvaging repair parts.

JUNK — any discarded material or articles, including but not limited to scrap metal, scrapped, abandoned or junked motor vehicles, machinery, equipment, con-tainers, scrap wood and all other salvageable material collected as salvage.

JUNK DEALER — any person, as herein defined, who shall engage in the busi-ness of selling, buying, salvaging, storing and dealing in junk and who maintains and operates a junkyard within Swatara Township.

JUNKYARD — any yard, lot, or place, covered or uncovered, outdoors or in an en-closed building, containing junk, as defined herein, for the purposes of buying, dismantling, processing, selling or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, whether or not the proceeds from such act or acts are to be used for charity. It also includes any premises, as herein defined, having two or more unlicensed and discarded motor vehicles and/or unlicensed trailers stored thereon, which shall, in any event, be deemed a junkyard, except that the foregoing shall not apply to duly licensed automobile dealers having operable vehicles on their premises for resale.

LICENSE — the Township permit granted to a junk dealer who accumulates, stores or disposes of junk as heretofore defined.

8/10/2006 10-3

HEALTH AND SAFETY

MOTOR VEHICLE — all types of automobiles, trucks, and tractors, including self-propelled machinery of all kinds, with the exception of farm machinery.

PERSON — any natural person, partnership, association, firm, corporation or other legal entity.

PREMISES — any parcel of land situated in Swatara Township, Lebanon County, Pennsylvania, having a separate Tax Map parcel number for County assessment purposes.

SOLID WASTE — any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid, or contained gaseous mate-rial.

TOWNSHIP — Swatara Township, Lebanon County, Pennsylvania.

TRAILER — any wheeled vehicles not self-propelled, drawn by a motor vehicle.

2. In this Part, the singular shall include the plural; the plural shall include the sin- gular; and the masculine shall include the feminine and the neuter.

(Ord. 2002-54, 7/11/2002)

§103. License Required; Fees.

No person may operate a junkyard, as herein defined, within the Township without first obtaining a license as herein described.

A. Any person desiring to operate a junkyard in the Township shall make a written application to the Board of Supervisors. Such application shall be in the form established by the Board of Supervisors and shall set forth the fol-lowing information:

(1) The applicant's name, address and telephone number.

(2) An accurate description of the premises on which the junkyard is to be located, with the County Tax Map parcel number(s).

(3) A metes-and-bounds survey, plot plan or sketch of the premises to be licensed, together with deed references, showing the location, size, dis-tances from residences and public streets adjacent to the premises.

(4) Plans and specifications for all fencing, water facilities, screening, ac-cess driveways, sewage disposal systems and stormwater manage-ment.

10-4 8/10/2006

(10, PART 1

(5) A statement from the applicant that he will comply with this Part, any regulations adopted pursuant to this Part and such other infor-mation as the Board of Supervisors may require.

B. An application for a license under this Part shall be examined by the Board of Supervisors, or its duly authorized designee or agent, and a license shall be issued or denied within 60 days of the submission of the application to the Board of Supervisors. Examination of the application shall include con-sideration of the suitability of the property proposed to be used for the pur-pose of the license, the character of the adjacent and nearby properties, and the effect of the proposed use upon the zoning regulations of the Township. When the application is found in compliance with the provisions of this Part, the Board of Supervisors, or its duly authorized designee or agent, shall issue a license to the applicant for operation of the junkyard as de-scribed in the application.

C. The license fee shall consist of two parts: the application fee, which is nonre-fundable in the case of the denial of a license, and the annual license fee. All fees are due and payable to and for the use of the Township at the time of the application and shall be in such amounts as established, by resolution, from time to time, by the Board of Supervisors.

D. Licenses issued under this Part are required to be renewed on or before January 1 of each year in which it is desired to continue operations under this Part. Applications for licenses shall be filed with the Township on or be-fore November 1 of the year prior to which it is desired to continue opera-tions under this Part. The Township shall issue licenses to those applicants that meet the requirements within 60 days of the submission of the applica-tion renewal. Such application for renewal must be in writing, in such form as may be required by the Board of Supervisors and accompanied by the li-cense fee. Applications for renewal are subject to a complete re-examination and consideration by the Board of Supervisors, or its duly authorized desig-nee or agent, for continued compliance with the terms and conditions of this Part. The Board of Supervisors, or its duly authorized designee or agent, may waive the application fee when issuing renewed licenses.

E. No person licensed under this Part shall, by virtue of one license, keep more than one place of business or maintain or operate more than one junkyard within the Township, nor shall any person engage in business as a junk dealer or operate or maintain a junkyard in any place other than the place designated in his license.

F. Nothing in this Part shall be construed to abrogate the Zoning and/or Sub-division and Land Development Ordinances.'

1 Editor's Note: See Ch. 27, Zoning, and Ch. 22, Subdivision and Land Development.

8/10/2008 10-5

HEALTH AND SAFETY

§104. Transfer of License; Transfer Fee.

No license issued by the Board of Supervisors shall be transferable by the holder of such license to any other person unless the Board of Supervisors, as herein described, author-izes such transfer.

A. Any person desiring to transfer his license shall make a written application to the Board of Supervisors. Such application for the transfer of a license under this Part shall comply with the provisions set forth in §103 of this Part.

B. An application for the transfer of a license under this Part shall be exam-ined by the Board of Supervisors, or its duly authorized designee or agent, and a license shall be issued or denied within 60 days of the submission of the application to the Board of Supervisors. Examination of the application for transfer of a license shall include consideration of the suitability of the property proposed to be used for the purpose of the license, the character of the adjacent and nearby properties, and the effect of the proposed use upon the zoning regulations of the Township. When the application is found in compliance with the provisions of this Part, the Board of Supervisors, or its duly authorized designee or agent, shall issue a license to the applicant for operation of the junkyard as described in the application.

C. In the event the Board of Supervisors shall approve the transfer of a license, the transferee shall immediately pay to the Township a transfer fee, to be established, by resolution, from time to time, by the Board of Supervisors.

(Ord. 2002-54, 7/11/2002)

§105. Extension or Enlargement of Existing Junkyards.

Any person wishing to extend or enlarge the area of an existing junkyard shall make an application for a new license in accordance with the provisions set forth in §103 of this Part.

(Ord. 2002-54, 7/11/2002)

§106. Posting of Junkyard Licenses; Operating Procedures.

Such license, if issued, shall be posted conspicuously upon the licensed premises at all times. Permanent records of all junk received in or removed from any junkyard shall be kept by the junk dealer on the licensed premises, containing the name and address from whom received or to whom delivered, the date thereof, and a description of the junk. Such records shall be open to inspection at all reasonable times by the Board of Super-visors, or its duly authorized designee or agent, and by any law enforcement officer.

10-6 8/10/2006

(10, PART 1

(Ord. 2002-54, 7/11/2002)

§107. Manner and Requirements for the Storage of Junk.

All junk in junkyards licensed under this Part shall be stored in accordance with the provisions of this section and any subsequent regulations adopted or imposed by the Board of Supervisors.

A. All junk shall be set back at least 40 feet from any adjoining premises and at least 60 feet from the nearest right-of-way of any public street, road or highway.

B. All junk shall be stored and arranged so as to permit access by fire-fighting equipment. Junked motor vehicles shall be spaced in rows with at least 35 feet between double rows; other junk shall be stored in piles or tiers which shall be separated by aisles or cleared areas of no less than 35 feet. All junk piles or tiers must be less than six feet in height from the ground. All aisles or cleared areas between junk piles, tiers, or junked motor vehicles shall be kept free from obstructions that could limit access to persons or emergency vehicles in the event of an emergency.

C. All material received on the premises shall be stored in a manner and such premises shall at all times be maintained so as not to constitute a nuisance or menace to the public health, public safety, public welfare or the environ-ment, including but not limited to the health of the community or residents nearby, or a place for the breeding, harboring or infesting of rodents, ver-min, rats or other vectors. Such premises shall not cause any excessive, of-fensive or noxious sounds, noises or odors or be in violation of any environ-mental, health or sanitation law, ordinance or regulation of any governmen-tal body.

D. The manner of storage and arrangement of junk, and the drainage facilities of the premises, shall be such as to prevent the accumulation of stagnant water upon the premises.

E. Whenever any motor vehicle shall be received in such premises as junk, all liquids, including but not limited to gasoline and oil, shall be drained and removed from the junked motor vehicle within 12 hours of arrival on the premises, except for those motor vehicles with operable engines at the time of receipt and which are being offered for sale. If the engine is not sold within six months of the date of arrival on the premises, all liquids shall be drained and removed from the engine. Such flammable liquids, including but not limited to gasoline and oil, shall be stored at only one location on the premises, and not more than 100 gallons in aggregate may be stored in properly and clearly marked containers.

8/10/2008 10-7

HEALTH AND SAFETY

F Junk, as defined herein, susceptible to blowing from its place of storage shall be stored indoors within an enclosed building or structure.

(Ord. 2002-54, 7/11/2002)

§108. Time Limit for Allowing Materials to Remain on Premises.

No material received on the premises, including material meeting the definition of "junk" provided in §102, shall be accumulated or remain on the junkyard premises for more than one year, and it shall thereafter be properly disposed of at a permitted facil-ity. Paper, plastic and similar materials for salvage shall not be accumulated or remain on the junkyard premises for more than 60 days. Materials separated as solid waste shall not be accumulated for more than 30 days.

(Ord. 2002-54, 7/11/2002)

§109. Certain Materials Not to Be Received or Stored in Junkyard.

Garbage, organic waste, or solid waste that cannot be salvaged for reuse shall not be received or stored in any junkyard. Solid waste that cannot be salvaged for reuse may be received only as mixed with salvageable materials and shall be promptly disposed of at a permitted facility, as herein provided.

(Ord. 2002-54, 7/11/2002)

§110. Fencing and Screening: Maintenance.

Every junk dealer licensed under this Part shall enclose and maintain his junkyard as herein provided:

A. Every junkyard premises shall be completely enclosed by a fence. Such fences shall be set back in accordance with the provisions of §107 of this Part, shall be six feet in height, and shall be of wood or wire with maximum lineal openings of three inches. Entrance gates shall be of similar material, well constructed, and kept securely locked except during business hours. Fencing shall be maintained in good condition throughout its length at all times.

B. Junkyard premises which have open-wire fence enclosures visible from an abutting public thoroughfare or from an abutting residential property within 500 feet of the fence shall have a landscaped screen of trees and/or shrubs, of varieties capable of attaining a continuous height of six feet within two years, planted along such fence or section of fence. All required open areas between fence and lot lines of the premises shall be maintained continuously in good order, free of weeds and shrub growth.

10-8 8/10/2006

(10, PART 1

C. The area inside the fence and lot lines of any junkyard premises shall have weeds mowed regularly and not permitted to go to seed.

(Ord. 2002-54, 7/11/2002)

§111. Right of Entry for Inspection; Additional Regulations Authorized.

Every junk dealer and junkyard licensed under this Part is subject to inspection and regulation as herein provided:

A. Any member of the Board of Supervisors, or its duly authorized designee or agent, may at any reasonable time enter upon the premises currently li-censed or for which a license application is pending.

B. The Board of Supervisors may, from time to time, pursuant to resolution, adopt regulations to carry out the provisions of this Part, upon giving notice to licensees affected by such regulation.

(Ord. 2002-54, 7/11/2002)

§112. Exceptions for Existing Junkyards.

The Board of Supervisors may waive the setback requirements as established by §107 and the planting requirements established by §110 of this Part for those licensed junk-yards in existence at the time of the enactment of this Part, if such junkyard is in com-pliance with other requirements as provided by this Part and if, in the Board of Super-visors' discretion, compliance with said setback and planting requirements would cause undue hardship to such existing junkyard.

(Ord. 2002-54, 7/11/2002)

§113. Compliance with All Applicable Health and Environmental Statutes, Laws, Rules and Regulations of the Commonwealth of Pennsylvania.

Every junk dealer and junkyard licensed under this Part shall comply with all applica-ble health and environmental statutes, laws, rules and regulations of the Common-wealth of Pennsylvania.

(Ord. 2002-54, 7/11/2002)

8/10/2008 10-9

HEALTH AND SAFETY

§114. Time Limit for Existing Establishments to Comply and Obtain License.

Junk dealers and junkyards operating and existing in the Township on the effective date of this Part shall be required to comply with the provisions of and obtain a license under this Part within six months from the effective date.

(Ord. 2002-54, 7/11/2002)

§115. Penalties.

Any person, firm or corporation who violates or permits the violation of any provision of this Part, including any amendments to this Part, unless the section of the Code of Or-dinances specifically provides for a penalty, fine or enforcement, shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township in a de-termination made by the applicable Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Civil Proce-dure, pay a fine of not less than $100 and not more than $1,000, plus costs, including reasonable attorney's 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. If the violator fails to pay the amount of the judg-ment after the time for appealing the final judgment has expired, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.

(Ord. 2002-54, 7/11/2002)

§116. Enforcement of Remedies.

The Board of Supervisors may take any appropriate action at law or equity, civil or criminal, to enforce the provisions of this Part, and the Part shall in no way restrict any remedies otherwise provided by law.

(Ord. 2002-54, 7/11/2002)

10-10 8/10/2006

(10, PART 2)

Part 2

Liquid Animal Waste Storage Facilities

§201. Definitions.

As used in this Part, the following terms shall have the meanings indicated:

COLLECTION SYSTEM — a storage container, basin or other storage facility which collects or holds washdown water from animal housing facilities.

LIQUID ANIMAL WASTE STORAGE FACILITY — a structure built to store manure for future use. Types of animal waste facilities are as follows: underground storage, in-ground storage, trench silo, earthen bank with liner, and above-ground storage.

LIQUID MANURE — any manure which contains more than 80% moisture.

MANURE — the fecal and urinary defecations of livestock and poultry, often containing some spilled feed, bedding or litter.

(Ord. 2004-60, 5/13/2004)

§202. Technical Requirements for Liquid Animal Waste Storage Facilities.

Every person installing, erecting or constructing a liquid animal waste storage facility and the owner, or tenant leasing premises, of the land where the liquid animal waste storage facility is placed shall be responsible for satisfying the requirements of the fol-lowing regulations.

A. Liquid animal waste storage facilities shall be designed in compliance with the guidelines outlined in the publication Pennsylvania Soil & Water Con-servation Technical Guide Standard for Waste Storage Facility (Code 313), revisions, supplements, and successors thereto, of the Pennsylvania De-partment of Environmental Protection, copies of which are available at the Lebanon County Conservation District office.

B. Liquid animal waste storage facility designs shall be reviewed and approved by the Lebanon County Conservation District prior to the issuance of any permit under this Part or building permits in connection with a facility housing liquid animal waste storage.

C. Construction and subsequent operation of the animal waste storage facility shall be in accordance with the permit and the approved design. The Leba-non County Conservation District must be notified the day construction be-gins for proper supervision of construction. Any design changes during con-

8/10/2008 10-11

HEALTH AND SAFETY

struction or subsequent operation must be approved in writing by the Leba-non County Conservation District.

D. Prior to the issuance of a permit, applicants shall have prepared and ap- proved by the Lebanon County Conservation District a nutrient manage-ment plan which meets the technical content of the Pennsylvania Nutrient Management Rules and Regulations, 25 Pa. Code, Chapter 83.

E. All liquid animal waste storage facilities must comply with all other local, state and federal laws.

(Ord. 2004-60, 5/13/2004)

§203. Technical Requirements for Collection Systems for Washdown Water.

All new, individual or groups of poultry housing facilities which may require a disinfect-ing washdown at any point in their lifespan shall install a watertight collection system to prevent an uncontrolled discharge of wastewater from the facility.

A. Collection systems for washdown water designs shall be reviewed and ap-proved by the Lebanon County Conservation District prior to the issuance of any permit under this Part or building permits in connection with a facility housing collection systems for washdown water.

B. Construction and subsequent operation of the collection system for wash-down water shall be in accordance with the permit and the approved design. The Lebanon County Conservation District must be notified the day con-struction begins for proper supervision of construction. Any design changes during construction or subsequent operation must be approved in writing by the Lebanon County Conservation District.

C. Prior to the issuance of a permit, applicants shall have prepared and ap-proved by the Lebanon County Conservation District a nutrient manage-ment plan which meets the technical content of the Pennsylvania Nutrient Management Rules and Regulations, 25 Pa. Code Chapter 83, and a Natural Resource Conservation Service conservation plan.

D. All collection systems for washdown water must comply with all other local, state and federal laws.

(Ord. 2004-60, 5/13/2004)

10-12 8/10/2006

(10, PART 2)

§204. General Requirements.

The following general requirements shall apply to any application to construct a liquid animal waste storage facility and/or collection systems for washdown water and any permit issued related thereto:

A. No liquid animal waste storage facility and/or collection systems for wash-down water shall be constructed or altered within a Township without first obtaining a permit from the Township.

B. Permit applications shall be submitted in the name of and executed by the owner of the property.

C. Permit applications shall be submitted to the Township Secretary on forms available from the Township Secretary. Accompanying the application shall be a sketch of the property showing the proposed facility, including dimen-sions for the construction, a letter from Lebanon County Conservation Dis-trict providing that the applicant's liquid animal waste storage facility and/or collection systems for washdown water design has been reviewed and approved by Lebanon County Conservation District, and that all require-ments of this Part have been satisfied.

D. No building permit shall be issued prior to the issuance of a liquid animal waste storage facility and/or collection systems for washdown water permit if said liquid animal waste storage facility and/or collection systems for washdown water is housed or appurtenant to any structure requiring a building permit.

E. Permit applications shall be submitted in person or by mail to the Township Secretary, shall be signed by the applicant, shall be accompanied by a check or money order payable to Swatara Township in the amounts set forth by the Township Board of Supervisors in resolutions determining issuance fees and inspection fees, shall contain proof of ownership or lease agreement, and shall be submitted to the Township at least 45 days prior to the antici-pated start of work.

F. Upon complete application duly made, if permissible in accordance with this Part, a permit will be issued by the Township, subject to this Part and the conditions contained on the permit, its attachments and supplements, in-cluding a copy of the application. The permit will be the authority of the ap-plicant to proceed with the work.

G. Permits will be issued only to the owner or tenants of the property. Permits will not be issued to contractors of the property owner or tenant.

H. A permit shall be valid for a two-year period. If the required work is not completed within said two-year period, a written request shall be submitted requesting a time extension, together with the required fee.

8/10/2008 10-13

HEALTH AND SAFETY

I. When all permitted work has been completed, the applicant shall provide the Township certification from a Pennsylvania licensed professional engi-neer that the structure meets the requirements set forth in the Pennsyl-vania Soil & Water Conservation Technical Guide Standard for Waste Stor-age Facility (Code 313).

(Ord. 2004-60, 5/13/2004)

§205. Designation of Enforcement Officer.

1. This Part shall be enforced by the Swatara Township Code Enforcement Officer or by any other person designated, subsequent to the enactment of this Part, by reso-lution adopted in public session by the Swatara Township Board of Supervisors.

2. This Code Enforcement Officer is authorized to perform all duties necessary and appropriate to be performed in the view of Swatara Township related to this Part, including but not necessarily limited to confirming all technical and general re-quirements are met, making all inspections related thereto, and enforcement of violations and penalties.

(Ord. 2004-60, 5/13/2004)

§206. Penalties and Enforcement.

1. Civil enforcement, general rule. Any violation of this Part or the permit require- ments shall constitute grounds for imposition of any or all of the following penal-ties:

A. Upon receipt of oral or written notice of any violation from the Township, the permittee shall cease to perform any further work in the permitted area except to restore the area to a safe condition. No further work shall com-mence in the permitted area until the violation has been remedied. Where the permittee has received oral notice of the violation, written notice shall be sent to the permittee within 10 days of receipt of the oral notice.

B. Any authorized Township representative may confiscate the applicant's permit.

C. The Township may revoke the applicant's permit.

D. The Township may give notice to remove the improper work and replace the improper work, by registered or certified mail, stating that the permittee shall have 10 days from receipt of the notice to comply and, upon noncom-pliance, the Township may do or cause to be done the correction of the work,

10-14 8/10/2006

(10, PART 2)

levying costs of this work against the permittee as a property lien to be col-lected in any manner provided by law.

E. Such other action as may be deemed necessary or proper after consultation with the Township Solicitor.

2. Additional grounds for revocation of permit. The Township may, without hearing, revoke a permit for nonpayment of any fee required under this Part or any resolu-tion adopted by the Township Board of Supervisors, including default of any check submitted for such payment.

3. Civil enforcement procedure. Prior to revocation or other civil enforcement of any permit, except for nonpayment as specified in Subsection 2 of this section, the ap-plicant shall be given notice and an opportunity for a hearing before the Township Board of Supervisors in accordance with the provisions of the Local Agency Law (2 Pa.C.S.A. §§551-555) and shall have a further right of appeal as set forth in 2 Pa.C.S.A. §§741-754.

4. Additional civil enforcement, criminal enforcement, and fines. Any person who violates any provision of this Part shall be subject to civil enforcement and a fine not to exceed $600 per violation and/or criminal enforcement, as a summary of-fense, with a criminal fine not to exceed $1,000 per violation and imprisonment not to exceed 30 days. Each day that a violation of this Part continues to exist shall constitute a separate offense. Such civil enforcement, criminal enforcement, and fines shall be in accordance with the provisions of 53 P.S. §66601, as amended.

(Ord. 2004-60, 5/13/2004)

8/10/2008 10-15

(10, PART 3)

Part 3

Nuisances

§301. Definitions.

For the purpose of this Part, the following terms, phrases, words, or their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number; and the word "shall" is always mandatory and not merely directory.

ABANDONED OR JUNKED MOTOR VEHICLE — any vehicle in a nonserviceable condition or without having both a current inspection sticker and a current registration plate.

BOARD OF SUPERVISORS —the Board of Supervisors of the Township of Swatara, Lebanon County, Pennsylvania.

NUISANCE — the unreasonable, unwarrantable, unsightly, or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance, or dis-comfort to any person or resident in the legitimate enjoyment of their reasonable rights of person or property.

OWNER — a person owning, leasing, occupying, or having charge of any premises within the Township.

PERSON — a natural person, firm, partnership, association, corporation, company, club, co-partnership, society, or organization of any kind

TOWNSHIP — the Township of Swatara, Lebanon County, Pennsylvania.

(Ord. 2006-71, 3/9/2006)

§302. Nuisances Declared Illegal.

Nuisances, as described below, are hereby declared to be illegal in Swatara Township and abatable and punishable as such:

A. Storing or accumulating junk material, including but not limited to unused or abandoned machinery, equipment, or appliances, scrap metal, glass, in-dustrial waste, used scrap building materials, or other salvageable materi-als, unless for resale, which can be seen from any public highway, road, street, or alley which is maintained by the Township or by the Common-wealth of Pennsylvania.

8/10/2008 10-17

HEALTH AND SAFETY

B. Storing or accumulating abandoned or junked motor vehicles on property that can be seen from any public highway, road, street, or alley which is maintained by the Township or by the Commonwealth of Pennsylvania, which vehicles must be moved to wholly enclosed storage within 60 days or, if at a vehicle repair business, 90 days.

C. Maintaining or causing to be maintained any dangerous structure, including but not limited to any abandoned or unoccupied buildings or parts of build-ings in a state of dilapidation or disrepair.

D. Allowing or permitting any excavation, material excavated, or obstruction on any public highway, road, street, alley and/or any public or Township right-of-way to remain open or exposed without the same being secured by a barricade, temporary fence, or other protective materials.

E. Allowing or permitting any excavation material, including but not limited to mud, soil or earth, and/or manure or animal waste to be deposited on any public highway, road, street, alley, public or Township right-of-way, and/or any public ground in the Township.

F. Destroying, injuring, tampering with, or defacing any public highway, road, street, alley, public or Township right-of-way, sidewalk, culvert, streetlight, ornamental work, building, facility, and/or any public ground in the Town-ship without prior Township authorization or permit.

G. Removing any earth, stone or other material from any public highway, road, street, alley, public or Township right-of-way, and/or any public ground in the Township without prior Township authorization or permit.

H. Collecting, allowing, permitting, or maintaining garbage, rubbish, trash, refuse, junk, and other materials, metals, plumbing fixtures, appliances, auto parts, lumber or other litter and furniture, stuffed furniture, clothing, or other household items which create an unsightly appearance, which can be seen from any public highway, road, street, alley which is maintained by the Township or by the Commonwealth of Pennsylvania.

I. Allowing, permitting, or maintaining any grass or weeds or any vegetation whatsoever, not edible or planted for some ornamental purpose, to grow or remain upon such premises so as to exceed the height of six inches or to throw off any unpleasant or noxious odor or to conceal any filthy deposit or to create or produce pollen. Excluded from application of this provision are wooded areas and open fields, meadows or acreage to within 100 feet of any principal building or structure.

(Ord. 2006-71, 3/9/2006)

10-18 8/10/2006

(10, PART 3)

§303. Written Notice to Violators Required.

1. Whenever a condition constituting a nuisance occurs, the Board of Supervisors shall cause written notice to be served upon the owner in one of the following manners:

A. By making personal delivery of the notice to the owners.

B. By handing a copy of the notice at the residence of the owner to an adult member of the family with which the owner resides, but if no adult member of the family is found, then to an adult person in charge of such residence.

C. By affixing a copy of the notice to the door at the entrance of the premises in violation.

D. By mailing a copy of the notice to the last known address of the owner by certified mail.

E. By publishing a notice in a local newspaper of general circulation within Lebanon County, Pennsylvania, once a week for three successive weeks.

2. Such notice shall set forth in detail the condition that constitutes a nuisance, whether removal is required by the Township or whether the nuisance can be cor-rected by repairs, alterations, fencing, or in some way confining and limiting the nuisance.

3. Such notice shall require the owner to commence action in accordance with the terms of the notice within 20 days of receipt of the notice and thereafter to comply fully with its terms within 30 days, with all materials to be supplied and work to be done at the owner's expense; provided, however, that if any provision of this Part is violated and if the circumstances require immediate corrective measures, such notice shall require the owner to immediately comply with the terms of the notice.

(Ord. 2006-71, 3/9/2006)

§304. Penalty for Violation.

The Board of Supervisors determines this Part to be a building, housing, property main-tenance, health, fire, and public safety ordinance.

A. Any person who violates any provision of this Part shall be subject to civil enforcement and a fine not to exceed $600 per violation and/or criminal en-forcement, as a summary offense, with a criminal fine not to exceed $1,000 per violation and imprisonment not to exceed 30 days. Each day that a vio-lation of this Part continues to exist shall constitute a separate offense.

8/10/2008 10-19

HEALTH AND SAFETY

Such civil enforcement, criminal enforcement, and fines shall be in accor-dance with provisions of 53 P.S. §66601, as amended.

B. The Board of Supervisors may direct the removal, repair, or alterations to any such nuisance or dangerous structure by the owner or occupier of the premises, and in default of which the Board of Supervisors may cause the same to be done and collect the cost thereof, together with a penalty of 10% of such cost and attorney's fees of five percent of the claim, and may pursue collection in the manner of municipal claims, or by an action of assumpsit, or by an action in equity, to compel the owner or occupier of the premises to comply with the terms of any notice of violation, or seek any such other re-lief as a court of competent jurisdiction is empowered to afford.

(Ord. 2006-71, 3/9/2006)

§305. Designation of Enforcement Officer.

1. This Part shall be enforced by the Swatara Township Code Enforcement Officer or by any other person designated, subsequent to the enactment of this Part, by reso-lution adopted in public session by the Swatara Township Board of Supervisors.

2. This Township Code Enforcement Officer is authorized to perform all duties nec-essary and appropriate to be performed in the view of Swatara Township related to this Part, including but not necessarily limited to making all necessary inspec-tions, and enforcement of violations and penalties.

(Ord. 2006-71, 3/9/2006)

10-20 8/10/2006

(10, Part 4)

10-218/13/2009

Part 4

Outdoor Wood Burning Appliances

§401. Definitions.

For the purpose of this Part, the following terms, phrases, words, or their derivations shallhave the meaning given herein. When not inconsistent with the context, words used in thepresent tense include the future, words in the plural number include the singular number,and words in the singular number include the plural number and the word “shall” is alwaysmandatory and not merely directory:

BOARD OF SUPERVISORS — the Board of Supervisors of the Township of Swatara,Lebanon County, Pennsylvania.

CHIMNEY — any vertical structure enclosing a flue or flues that carry off smoke orexhaust from a solid fuel fired outdoor heating furnace or appliance.

DEP — the Pennsylvania Department of Environmental Protection.

OUTDOOR SOLID FUEL BURNING FURNACE OR APPLIANCE — anyequipment, device or apparatus which is installed, affixed or situated outdoors, andnot situate within a building intended for habitation by humans or domestic animals,which is used for the primary purpose of combustion of fuel to produce heat forenergy as a heating system, or component thereof, which provides heat or hot waterto the principal structure, to a structure used for human or animal habitation, or toany accessory uses or structures including, but not limited to, greenhouses,conservatories and swimming pools.

OWNER — a person owning, leasing, occupying, or having charge of any premiseswithin the Township.

PERSON — a natural person, firm, partnership, association, corporation, company,club, co-partnership, society, or organization of any kind.

TOWNSHIP — the Township of Swatara, Lebanon County, Pennsylvania.

(Ord. 2009-13, 2/12/2009, §1)

§402. Applicability.

This Part applies to all outdoor burning furnaces, boilers and appliances within theTownship. It does not apply to the following uses:

A. Grilling or cooking using charcoal, wood, propane or natural gas in cooking orgrilling appliances.

HEALTH AND SAFETY

10-22 8/13/2009

B. Burning in a stove, furnace, fireplace or other heating device within a buildingor structure used for human or animal habitation.

C. Using of propane, acetylene, natural gas, gasoline or kerosene in a deviceintended for heating, construction or maintenance activities.

(Ord. 2009-13, 2/12/2009, §2)

§403. Prohibition of Burning Certain Materials.

Unless specific written approval has been obtained from DEP, the following materials maynot be burned in the Township under any circumstances:

A. Rubbish or garbage including, but not limited to, food wastes, food wraps,packaging, animal carcasses, paint or painted materials, furniture, compositeshingles, demolition debris or other household or business wastes.

B. Waste oil or other oily wastes except used oil burned in a heating device forenergy recovery subject to applicable DEP regulations.

C. Asphalt and products containing asphalt.

D. Treated or painted wood including, but not limited to, plywood, compositewood products or other wood products that are painted, varnished or treatedwith preservatives.

E. Any plastic material including, but not limited to, nylon, PVC, ABS, polysty-rene or urethane foam, and synthetic fabrics, films and containers.

F. Rubber including tires and synthetic rubber-like products.

G. Any material that is not recommended for burning by the manufacturer of theappliance.

(Ord. 2009-13, 2/12/2009, §3)

§404. Regulations for Existing Outdoor Solid Fuel Burning Furnaces orAppliances.

1. All owners/operators of existing outdoor solid fuel burning appliances shall apply fora permit for the appliance in accordance with the permit requirements contained in§405, Subsection .A, hereof within 60 days of the adoption of this Part.

2. If an existing outdoor solid fuel burning furnace or appliance is, through the courseof a proper investigation by local authorities, creating a verifiable nuisance, asdefined by local or State law, the following steps may be taken by the owner,Township and the appropriate department having jurisdiction:

(10, Part 4)

10-238/13/2009

A. Modifications made to the unit to eliminate the nuisance such as extendingthe chimney, or relocating the outdoor solid fuel burning furnace or appliance,or both.

B. Cease and desist operating the unit until reasonable steps can be taken toensure that the outdoor solid fuel burning furnace or appliance will not be anuisance.

3. When an existing outdoor solid fuel burning furnace or appliance needs to bereplaced, then the new unit needs to meet current ordinance requirements.

(Ord. 2009-13, 2/12/2009, §4)

§405. Outdoor Solid Fuel Burning Furnaces or Appliances.

An outdoor solid fuel burning furnace or appliance may be used in the Township only inaccordance with the following provisions:

A. Any outdoor solid fuel burning furnace or appliance shall not be used to burnany of the prohibited materials listed in §403 of this Part.

B. All outdoor solid fuel burning furnaces or appliances shall be installed,operated and maintained in strict compliance with the manufacturer’sinstructions and guidelines for the said appliance. In the event that a conflictarises between the manufacturer’s instructions and regulations, and theregulations contained in this Part, the stricter instructions or regulations shallapply.

C. All outdoor solid fuel burning furnaces or appliances ashes or waste may bedisbursed on the property where the appliance is located. Any large accumula-tion of ashes or waste must be disposed of in a manner approved by theTownship and/or the DEP.

D. All outdoor solid fuel burning furnaces or appliances shall be used for the solepurpose of furnishing heat and/or hot water to a dwelling or other structureon a single deeded property pursuant to a permit issued hereunder, includingresidential swimming pools.

E. In the event that the appliance is damaged more than 50%, or it is physicallydeteriorated or decayed, the said furnace or appliance must be removed and/orreplaced with a new unit within 60 days of the date that notice is receivedfrom the Township. In such event, all provisions of this Part including, but notlimited to, permitting procedures shall be complied with.

F. Fuel burned in any new or existing outdoor solid fuel burning furnace orappliance shall be only natural untreated wood, wood pellets, corn products orother listed fuels specifically permitted by the manufacturer’s instructionssuch as fuel oil, natural gas or propane backup.

HEALTH AND SAFETY

10-24 8/13/2009

G. Setbacks for any new outdoor solid fuel burning furnace or appliance are asfollows:

(1) The outdoor solid fuel burning furnace or appliance shall be located atleast 50 feet from the property line.

(2) The outdoor solid fuel burning furnace or appliance shall be located atleast 100 feet from any residence that is not served by the outdoor solidfuel burning furnace or appliance.

(3) The outdoor solid fuel burning furnace shall be located on the propertyin compliance with manufacturer’s recommendations and/or testing andlisting requirements for clearance to combustible materials.

H. Any outdoor solid fuel burning furnace or appliance shall have a minimumchimney height of 13 feet or the maximum height allowable by the manufac-turer. If less than 13 feet, you must provide the Township with documentationfrom the manufacturer confirming the restriction. A waiver may be grantedby the Supervisors under special circumstances.

I. Outdoor wood-pellet furnaces that are specifically designed to burn wood pelletfuel, corn, or other biomass pellets with metered fuel and air feed andcontrolled combustion engineering shall be installed per the manufacturer’srecommendations.

(Ord. 2009-13, 2/12/2009, §5)

§406. Permits.

1. No person shall install, start or maintain any outdoor solid fuel burning furnace orappliance without first obtaining a permit issued by the Township.

2. Permit applications shall be submitted to the Township Secretary on forms availablefrom the Township Secretary. Accompanying the application shall be a site planshowing the location of the proposed appliance on the property, location and heightof all existing structures on the property, and distances from the appliance toexisting structures on the property. The manufacturer’s specifications andinstructions shall also be furnished to the Township before a permit can be issued.

3. Permit applications shall be submitted in person or by mail to the TownshipSecretary, shall be signed by the applicant, shall be accompanied by a check ormoney order payable to Swatara Township in the amounts set forth by the TownshipBoard of Supervisors in resolutions determining issuance and/or inspection fees, andshall be submitted to the Township at least 45 days prior to the anticipatedinstallation date.

4. Issuance and/or inspection fees shall be used to defray costs incurred by theTownship in reviewing and processing the application and plan as well as inspections

(10, Part 4)

10-258/13/2009

to insure completion of installation and compliance with the permit issued under thisPart.

5. Before a permit can be issued hereunder, an inspection of the proposed installationshall be required.

6. A permit can only be issued if all requirements contained in this Part are strictlycomplied with.

7. Any violation of the aforementioned conditions shall be deemed a violation of thisPart. Any violation of this Part or the issued permit shall void the permit.

8. Permits to be issued by the Township’s Board of Supervisors, or its designee.

(Ord. 2009-13, 2/12/2009, §6)

§407. Liability.

A person utilizing or maintaining an outdoor solid fuel burning furnace or appliance shallbe responsible for all fire suppression costs and any other liability resulting from damagecaused by a fire.

(Ord. 2009-13, 2/12/2009, §7)

§408. Penalty for Violation.

The Board of Supervisors determines this Part to be a building, housing, propertymaintenance, health, fire, and public safety ordinance.

A. Any person who violates any provision of this Part shall be subject to civilenforcement and a fine not to exceed $600 per violation and/or criminalenforcement, as a summary offense, with a criminal fine not to exceed $1,000per violation and imprisonment not to exceed 30 days. Each day that aviolation of this Part continues to exist shall constitute a separate offense.Such civil enforcement, criminal enforcement, and fines shall be in accordancewith provisions of 53 P.S. 66601, as amended.

B. The Board of Supervisors may direct the removal, repair, or alterations to anysuch dangerous structure, furnace or appliance by the owner or occupier of thepremises, and in default of which the Board of Supervisors may cause thesame to be done, and collect the cost thereof, together with a penalty of tenpercent of such cost, and attorney’s fees of five percent of the claim, and maypursue collection in the manner of municipal claims, or by an action ofassumpsit, or by an action in equity, to compel the owner or occupier of thepremises to comply with the terms of any notice of violation, or seek any suchother relief as a court of competent jurisdiction is empowered to afford.

HEALTH AND SAFETY

10-26 8/13/2009

(Ord. 2009-13, 2/12/2009, §8)

§409. Designation of Enforcement Officer.

1. This Part shall be enforced by the Swatara Township Code Enforcement Officer, orby any other person designated, subsequent to the enactment of this Part, byresolution adopted in public session by the Swatara Township Board of Supervisors.

2. The Enforcement Officer is authorized to perform all duties necessary andappropriate to be performed in the view of Swatara Township related to this Partincluding, but not necessarily limited to, making all necessary inspections, andenforcement of violations and penalties.

(Ord. 2009-13, 2/12/2009, §9)