Chapter 54
BURNING, OUTDOOR

§ 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.

[HISTORY: Adopted by the Board of Supervisors of thE Township of North Londonderry 12-20-2004 by Ord. No 135.1 Amendments noted where applicable.]

GENERAL REFERENCES
Brush, grass and weeds - See Ch. 50
Solid waste - See Ch. 84.
Zoning - See Ch. 103.

§ 54-1. Prohibited acts.
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 recyc1ables as listed b) resolution shall be prohibited.

1 Editor's Note: This ordinance also repealed former Ch. 54, Burning, Outdoor adopted 5-12-1992 by Ord. No. 90, as amended.


§ 54-2. Exceptions to burning permitted in all districts.
A. Any fire or incineration maintained wholly within the confines of a permanent structure intended for the 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 or other debris is prohibited.

C. In the R-l Zoning District, domestic refuse, being defined as waste which is generated from normal occupancy of a structure occupied solely as a dwelling by two 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.

§ 54-3. Exceptions to burning permitted subject to conditions.
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).

§ 54-4. Conditions applying to § 54-3.
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.

§ 54.5. Violations and penalties.
This chapter 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 chapter 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 chapter that is violated shall also constitute a separate offense.