PENN LAKE PARK BOROUGH
ORDINANCE AMENDMENTS 2007
AN ORDINANCE AMENDING THE PENNLAKEPARK BOROUGH ZONING ORDINANCE OF 1996, AS AMENDED.
IT IS HEREBY ORDAINED AND ENACTED BY THE BOROUGH COUNCIL OF THE BOROUGH OF PENNLAKEPARK THAT THE FOLLOWING AMENDMENTS TO THE PENNLAKEPARK ZONING ORDINANCE ARE HEREBY ADOPTED.
SECTION 1.
ARTICLE 2, DEFINITIONS, IS HEREBY AMENDED TO INCLUDE THE FOLLOWING TERMS:
LAWN SHED:
A structure that is used for storage and does not have a door or other entranceway into a dwelling unit and that does not have water fixtures within its confines, the use of which
is limited solely to storage of inanimate objects. Said storage shall not include any motor vehicles which are required to be licensed by Pennsylvania Department of Transportation, excluding motorcycles and quads.
OUTDOOR FUEL BURNING FURNACE:
An outdoor fuel burning appliance designed and constructed to burn wood, coal or other
recognized fuel in compliance with the manufacturer’s recommended specifications. An
Outdoor Fuel Burning Furnace shall be deemed to be an accessory structure intended for
heating a structure that may be detached and separate from the accessory structure which
contains the Outdoor Fuel Furnace.
SECTION 2.
ARTICLE 3, GENERAL REGULATIONS, SECTION 304 UNATTACHED ACCESSORY STRUCTURES, WHICH READS AS FOLLOWS,
SECTION 304UNATTACHED ACCESSORY STRUCTURES
Unattached accessory structures, excluding swimming pools, as so defined within this Article 2 of this Ordinance, shall be prohibited throughout the Borough.
IS HEREBY AMENDED TO READ AS FOLLOWS:
SECTION 304UNATTACHED RESIDENTIAL ACCESSORY STRUCTURES
304.1
Unattached accessory structures, excluding swimming pools, lawn sheds and outdoor fuel burning furnaces, shall be prohibited throughout the Borough.
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304.2
An unattached accessory structure shall be subject to securing a zoning permit prior to the start of work related to the installation of the structure.
304.3
An unattached accessory lawn shed shall only be erected within the rear yard area of the lot subject to the following requirements:
(A)The maximum height shall not exceed ten (10) feet.
(B)The maximum floor area shall not exceed one hundred ninety-two (192) square feet.
(C)The minimum setback distance shall be fifteen (15) feet from any rear yard or side yard property line.
304.4
For properties located upon the Lake, any area of a lot which has frontage along the Lake shall be deemed to be the front yard and any area of a lot having a roadside frontage shall be deemed to be the rear yard. (See Attached Drawing)
SECTION 3.
ARTICLE 3, GENERAL REGULATIONS, IS HEREBY AMENDED TO INCLUDE THE FOLLOWING SECTION WHICH SHALL READ AS FOLLOWS:
SECTION 321OUTDOOR FUEL BURNING FURNACE
An outdoor fuel burning furnace shall be deemed to be an accessory structure permitted
in all zoning districts, as a special exception use, thereby requiring approval from the
Zoning Hearing Board and subject to the standards as set forth in Section 802.20.
SECTION 4.
ARTICLE 8 SUPPLEMENTAL REGULATIONS IS HEREBY AMENDED TO
INCLUDE THE FOLLOWING SECTION WHICH SHALL READ AS FOLLOWS:
802.20OUTDOOR FUEL BURNING FURNACE:
Said furnaces shall be located upon a lot of not less than one acre and shall only be located within a rear yard of a property. An outdoor fuel burning furnace shall comply with the following standards:
A. A safe flue or chimney shall be provided which has a minimum termination height
of twenty-five (25) feet above the natural ground level upon which the furnace is located.
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B. A fan or blower attached to the appliance to increase the efficiency of the furnace.
C.An outdoor fuel burning furnace shall be located not less than one hundred (100) feet from any property line and not less than twenty (20) feet to any principal structure or building located upon the property.
D.All outdoor fuel burning furnace are required to meet emission standards currently required by the Environmental Protection Agency (EPA). Emission standards currently required by the EPA are hereby adopted by reference together with any amendments or modifications made to them in the future.
E.All outdoor fuel burning appliances shall be installed, operated and maintained in strict conformance with the manufacturer’s instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated within this Section shall apply unless the manufacturer’s instructions are stricter, in
which case the manufacturer’s instructions shall apply.
F. The owner of the outdoor fuel burning furnace shall produce the manufacturer’s
instructions for all devices that do not conform to the requirements of this Section.
G.All outdoor fuel burning furnaces may only be utilized for the sole purpose of furnishing heat to a structure or building and/or providing hot water during the time period of September 1 through April 30; and subject to meeting the requirements of this Section.
H.No homemade outdoor fuel burning appliances will be allowed.
I.Only natural wood, coal, heating oil, natural gas, kerosene or wood specifically permitted by the manufacturer in writing may be burned in outdoor furnaces. The burning in outside furnaces of processed wood products and non-wood products, household or other garbage, recyclable material, rubber tires, railroad ties, leaves, laminated wood, wet or soggy wood, painted or treated wood and any item not specifically and in writing permitted by the manufacturer is prohibited.
J.All storage of materials to be burnt in the outdoor fuel burning furnace shall be neatly stacked and/or stored under cover and free from insects (termites, ants, etc.) or any type of disease carrying rodents.
K.Ashes or waste cannot be accumulated in a large area on the property. Ashes or waste must be disposed of weekly with the owner’s trash.
SECTION 5.
SEVERABILITY: If any article, section, subsection, paragraph, sentence or phrase of this Ordinance is for any reason declared to be invalid, illegal or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of this Ordinance as a whole or any other part thereof.
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SECTION 6.
REPEALING PROVISION: All other ordinances, or parts thereof, which are in conflict with the provisions of this Ordinance are hereby repealed.
SECTION 7.
EFFECTIVE DATE: This Ordinance shall become effective from the date of its approval and adoption as provided by law.
ENACTED AND ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF PENNLAKEPARK, LUZERNE COUNTY, PENNSYLVANIA, THIS ______DAY OF , 2007.
COUNCIL PRESIDENT
ATTEST:
______
BOROUGH SECRETARY
APPROVED:______
MAYOR
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