Woodbury Borough Council Adopts Sidewalk, Boiler Ordinances

Woodbury Borough Council met Monday, Dec. 7, at the Woodbury Area Community Center.

Councilmembers passed two ordinances – one dealing with sidewalks and one with boilers.

Sidewalk Ordinance

The new sidewalk ordinance will take effect Jan. 1, 2021. The ordinance is No. 2020-1, and the council found it is in the best interests of health, welfare and safety for the borough and its citizenry to amend its prior ordinance.

The owner, occupant, or tenant of every property fronting upon or alongside any sidewalk in the borough is required to remove or cause to be removed from all the sidewalks in front of or alongside such property all snow, slush, and ice fallen or formed to leave a cleared path the full width of the sidewalk or at least 36 inches in width, whichever is less.

Snow, slush and ice shall be removed within 24 hours after the cessation of any fall of snow, sleet, or freezing rain or the formation of any ice. In the event reasonable efforts to comply with the requirements but the snow, slush, and/or ice becomes so hard that it cannot be removed without the likelihood of damage to the sidewalk, the person charged with its removal shall, within the time mentioned, cause enough sand or other abrasive material to be put on the sidewalk on a periodic basis to make travel reasonably safe.

All existing sidewalks and curbs along streets, alleys, public ways or state highways shall be maintained for the use of pedestrians at the expense of the owners of the abutting properties and shall be kept in good repair and safe condition. Sidewalks shall be deemed defective if one or more exists: a crack within a slab or a joint between two adjoining slabs has separated to one inch or greater. Any indentation rises which prevent the surface of the sidewalk from being smooth and flat. The presence of any grass, moss, dirt or other organic material on the sidewalk; crumbling, flaking or chipping of the surface of the sidewalk.

Council will give written notice and the property owner will have one year to comply. Failure of a property owner to comply with any notice the borough shall have the right to do the work or cause the work to get done at the cost of the property owner and may collect the cost and 10% additional with all charges and expenses filed by a municipal claim.

Outdoor Boilers

An outdoor boiler ordinance was also adopted at this meeting and will be in effect Jan. 1, 2021. The ordinance number is 2020-2.

“Outdoor boiler” shall mean any stove, furnace, equipment, device or apparatus operated out-of-doors fired with wood or any other material, matter, substance, refuse, or thing, including any outdoor hydronic heater{s} or furnace, which may generate heat for indoor heating purposes, including hot water heating, or any accessory uses, including residences, businesses, garages, warehouses, greenhouses, swimming pools, or spas, which may be utilized to burn wood or other material, matter, substance, refuse, garbage, or thing and usually having a smokestack, pipe, chimney, or other apparatus to emit smoke or particulate ash or other by-product of combustion into the air and surrounding environment.

Any construction or installing of an outdoor boiler within the borough must comply with the following regulations: the outlet of the smokestack must be at least 15 feet in length. Only material intended by the manufacturer are to be burned by the outdoor boiler, including wood, pellets, and coal. No refuse or garbage may be burned.

The outdoor boiler must have a 20-foot clearance from any existing building, structure, flammable material, or combustible material.

The outdoor boiler may be operated from Oct. 1 through April 30. Burning in the outdoor boiler is prohibited from May 1 through Sept. 30.

The owner intending to install, or construct and outdoor boiler shall obtain a permit for the outdoor furnace before installation or construction begins.

This ordinance shall not be construed to be retroactive and shall not require the removal of any fuel burning device in existence and installed with the Borough at the effective date of this ordinance.

The owner of an outdoor boiler which is grandfathered shall obtain a permit for the outdoor boiler within 60 days after the effective date of this ordinance. The permit shall allow continued use subject to the following provisions: It shall be used in a manner that complies with all manufacturer’s specifications. It shall not be used to burn rubbish, garbage, treated or painted wood, plastic, rubber or any material not recommended for burning by the manufacturer.

Owner must assure that smoke, fumes, or odors are not dispensed to other properties or public streets. It shall not be moved without the approval from the Borough unless it is being removed permanently. It shall be cleaned and maintained to assure it is in proper operating condition. If the boiler is damaged more than 50 percent or is physically destroyed or decayed, it must be torn down and removed. Ashes and waste must be disposed of promptly, in compliance with all regulations.

Acceptance of a permit shall be deemed as consent by the property owner for any authorized officer, agent, or representative of the borough to enter the property for the purpose of inspection.

Any violators may receive a fine up to $1,000, and/or imprisonment not exceeding 30 days.

Other Business

The Bedford County Election Board gave the borough $50 and Woodbury Township (Bedford County) $50 for use of the Woodbury Area Community Center. This money is to be given to the WACC toward custodial care. A question was raised if the community center received this money. The election board official will be called to see who the money was given to.

Discussion took place on attendance at the Bedford County Association of Municipalities meetings. It was decided that someone will go to each meeting, not necessarily the same person. Meetings will be held three times a year. $50 is paid in dues from the borough to attend and $450 is given back for its participation. The next meeting will be Jan. 27, 2021.

A majority inspector is still needed for the borough.

The budget for 2021 has been posted at the Woodbury Post Office.

All meetings for the council in 2021 will be held the first Monday of every month at 7 p.m. The exceptions will be Tuesday, July 6, and Tuesday, Sept. 7.