UPPER MILFORD BOARD OF SUPERVISORS Possible open burning violation gets neighbors fired up
An issue of unneighborly discourtesy has led the Upper Milford Board of Supervisors once again to dealing with the open burning ordinance, something Chairman Daniel Mohr says they have encountered numerous times.
Township supervisors discussed the problem in a workshop prior to their July 18 meeting.
Dennis and Kathryn Swavely, of Emmaus, filed a complaint with the township regarding a violation of the township's open burning ordinance by a neighbor.
The resident of 173 Biery St. is a tenant on the property owned by Margaret Harmony. The Swavelys reported numerous burnings on the property producing copious clouds of white smoke that drift into their yard or hang above the surrounding properties in a haze.
Township supervisors attested to the fact the area is well populated.
After being approached by the Swavelys, Code Enforcement Officer Alan Brokate issued a memo to Dan DeLong, township manager, asking for the board's interpretation of a section of Ordinance No. 97, which states, "No open burning shall produce malodorous fumes detectible beyond the property line which adversely affects the reasonable health, safety, use, occupancy and/or welfare of others."
The township has a policy on enforcement, says DeLong, but it's more a "four strikes you're out" kind of policy. In this case, the township can send a cease and desist letter and if the activity does not stop within a 15-day period, the township will file civil enforcement with the district magistrate. If it is determined the tenant of 173 Biery St. is in violation of the open burning ordinance he will be fined.
The Swavelys reported to the code enforcement officer as recently as July 13 their neighbor, was burning green yard waste and the fumes drifting in through their windows caused them to experience dizziness, watery eyes and closed throats. The Swavelys called the non-emergency number to report the burning and an incident report form was filed with the Emmaus Police Department.
In other business during the regular scheduled meeting, the township supervisors briefly discussed the emergency management plan still in the works in Upper Milford.
Supervisor George DeVault says the plan is a big job and "it's about to get a whole lot bigger." The emergency management plan was scheduled to be completed Thursday but DeLong told the board he was unable to complete the final touches. Upper Milford is also looking for volunteers to man the reception centers in case of emergency.