WINDSOR BOROUGH COUNCILAGENDA January 6, 2025 6:00 PM Minutes from Previous Meeting Citizens & Inquiries Reports: EMA Mayor Codes Enforcement Officer Engineer = see: agenda Solicitor: Discuss Burn Ordinance Council Members: Secretary-Treasurer: Discuss 21 residents whol have outstanding trash bill Maintenance: - Discuss quote for repairs to chimney on office building - $2,200 (Keith Pennell) Approve General Funds Bills 96 South George Street, Suite 520, York, Pennsylvania 17401 Tel: (717)845-1524 . Fax: (717)854-6999 . www.mpl-law.com LAW FIRM MP! MEMORANDUM Attorney-Client Privileged and Confidential TO: FROM: DATE: RE: Windsor Borough Council Dean E. Reynosa December 31, 2024 January 2, 2025, Solicitor's Report Solicitor Report Agenda Items: None. Old Business As second revised draft copy ofat proposed Burn Ban Ordinance is attached for Council's review and comments. The previous revised draft ordinance was discussed at thel December Council Meeting. The revised draft makes the following changes: Adds "Controlled Fire" as a term. Controlled Fire is now used as the baseline instead of Bonfire to clear up any issue between the Open Fire/Bonfire language. This also includes a size restriction of three (3) feet in diameter for fire receptacles. Please advise ift this should be decreased Altered the term "Open Fire" to include all fires, controlled, bonfire, etc. in the diameter permitted. as ac catch all. Altered the Exemptions to include a Cooking Grill and a Smoker. Addeda safe distance requirement oft three (3) feet that the Grill or Smoker must be from flammable material. Please advise ift this is acceptable. Eocused on Solutions, www.mpllaw.com Windsor Borough Council December 31, 2024 Page 2 Council updated the dates for attendancel by the solicitor at the monthly Borough Council meetings and requested that MPL attend on March 3, 2025, June 2, 2025, September 8, 2025, and December 1, 2025. Pending Plan Agenda Items: None Miscellaneous Items We spoke with Robert Huska regarding 38 Water Street and the carport. We commented on a draft letter to owner re: revoking his conditional building permit. AN ORDINANCE OF WINDSOR BOROUGH, YORK COUNTY, PENNSYLVANIA, RESTRICTING OPEN BURNING WITHIN WINDSOR BOROUGH SETTING FORTH THE FOLLOWING: TITLE AND AUTHORITY; PURPOSE; DEFINITIONS; PERMITTED BURNING OF OPEN FIRES; EXEMPTIONS; PROHIBITED ACTS; ENFORCEMENT AND PENALTIES; SEVERABILITY; REPEAL; AND EFFECTIVE DATE ORDINANCE NO. 1-2025 BE IT ENACTED AND ORDAINED by the Borough of Windsor, York County, Pennsylvania, ("Borough") and it is hereby enacted and ordained by the authority of same, an Ordinance adopted to restrict open burning within the Borough. SECTION 1: TITLE AND AUTHORITY. This Ordinance shall be known as the "Windsor Borough Burn Ban" and is enacted pursuant to the Borough Code, 8 Pa.C.S.A. $1202 (5); SECTION 2: PURPOSE OF ORDINANCE (A) The Borough wishes to ensure the health and safety of the residents of the Borough. (B) The Borough intends to set rules and regulations concerning open burning andlor contained fires within the Borough. SECTION 3: DEFINITIONS (A) Applicant" - shall mean the individual who submits an application for an Annual or Single Use Burn Permit. (B) "Borough" - The Borough of Windsor, its agents, employees, officers, officials, and staff. (C) "Bonfire" - An outdoor fire which is not contained in an incinerator, fixed outdoor fireplace, portable outdoor fireplace, cooking grill, smoker, outdoor wood boiler, 1 or other Open Fire not otherwise contained, and which is for the purpose of pleasure, religious, ceremonial, cooking, disposal of brush, warmth or similar purpose. (D) "Building" -A Any permanent structure. (E) "Burn Permit" - A permit to kindle or maintain a Controlled Fire or other non-exempt fires that are otherwise prohibited by this ordinance. (F) "Cooking Grill" - An outdoor, man-made: appliance which uses charcoal, natural gas, wood, electricity or propane as the primary fuel source and is designed and used for the purpose to cook food outdoors. (G) "Controlled Fire" ' Any fire, excluding a Bonfire, which is contained in a fire retardant or otherwise flame resistance container. designed for that purpose, of which the size of the fire container shall not exceed three (3) feet in diameter. (H) "Excessive Odor or Excessive Smoke"- Shall mean odors or smoke that would be offensive to the typical human being and which prevails longer than momentarily. (I) "Fixed Outdoor Fireplace" - An outdoor, solid-fuel-buring, charcoal- burning, propane-burning, wood-burning, or natural-gas-buming fireplace that may be constructed of stone, brick, steel, concrete, clay or other noncombustible material that is fixed to the real property. (J) "Garbage" - Shall mean any putrescible animal or vegetable matter resulting from the handling, preparation, cooking and consumption of food. (K) "Household Waste" - Any waste generated by household activities normally associated with waste removal services including but not limited to garbage, empty cans, plastic wraps and bags, paper products, glass jars, etc. 2 (L) "Open Fire" - A fire in which any material is burned in the open or in a receptable. The term Open Fire shall operate as an all inclusive term for fire throughout this Ordinance, whether contained, such as a Controlled Fire, or not. (M) "Outdoor Wood Boilers"-/ An outdoor man-made appliance or structure which uses solid fuel, charcoal or propane as the primary fuel source for the express purpose of heating a residential or commercial building. (N) "Resident" - A person living permanently, or continuously for a period exceeding sixty (60) consecutive days, within the Borough. (O) "Revoke" - - To terminate by" formal action of the municipality any privilege or permit established by the municipality. (P) "Person" - Shall mean. any individual, partnership, association, corporation, department, bureau, agency, or other legal entity. (Q) "Portable Outdoor Fireplace" - An outdoor, solid-fuel-burning, charcoal- burning, propane-burning, wood-burning, or natural-gas-Durning fireplace that may be constructed of stone, brick, steel, concrete, clay or other noncombustible material that is not fixed to the real property and is designed for outdoor use. (R) "Shall" - Indicates that an action is required or prohibited. (S) Smoker-Anourdo, man-made appliance which uses charcoal, natural gas, wood, electricity or propane as the primary fuel source and is designed and used for the purpose to cook food outdoors. (T) Refuse" - Shall mean garbage, rubbish, and trade waste. (U) "Residential Burning" - Shall mean fires kindled by a person or resident of a residential property not incidental to land development. 3 (V) Responsible Adult" - An individual eighteen (18) years or older who is not under the influence of drugs or alcohol or suffering from any other disability which would impair his or her ability to properly supervise an Open Fire. (W) "Rubbish" - Shall mean solids not considered to be highly flammable or explosive, including but not limited to, rags, old clothes, leather, rubber, carpets, excelsior, ashes, furniture, tin cans, glass, crockery, masonry, plastics, recyclable items, and/or similar other items. SECTION 4: PERMITTED BURNING OF OPEN FIRES All Controlled Fires shall require a Burn: Permit pursuant toi the following procedure: (A) Annual Burn Permit: 1. Any Resident may apply for an Annual Burn Permit at the Borough Office; 2. An Annual Burn Permit will be valid from January 1st (or the day the Annual Burn Permit was issued whichever is later) through December 31st in the year which the Annual Burn Permit was issued. 3. Annual Burn Permits require ten (10) days from the date of an application being submitted to the Borough for a Borough designee to inspect the proposed site to verify the site's suitability for the permit. 4. The proposed Controlled Fire location must comply with the requirements of Section 4 of this Ordinance at all times. 5. Additionally, a Resident seeking an Annual Burn Permit must demonstrate: a. Compliance with Section 4 of this Ordinance; 4 b. The use of a flame resistant or fire retardant material for the Controlled Fire; C. An minimum of one portable fire extinguisher with a 4A rating or other approved on-site fire-extinguishing equipment, as recommended by the International Fire Code, as updated from time to time; d. All flammable material not used as fuel is removed from immediate area around the Controlled: Fire location; e.A A Responsible Adult is on-site and within visual range of the Controlled Fire at all times; and Payment of an Annual Burn Permit fee as set from time to time by the duly adopted resolution of Borough Council. (B) Single Use Burn Permit: 1. Residents may obtain a Single Use Burn Permit valid for a specific day and/or evening. 2. Single Use Burn Permits require ten (10) days from the date of an application being submitted to the Borough for a Borough designee to inspect the proposed site to verify the site's suitability for the permit. 3. The proposed Controlled Fire location must comply with the requirements of Section 4 of this Ordinance at all times. 4. Additionally, a Resident seeking a Single Use Burn Permit must demonstrate: a. Compliance with Section 4 oft this Ordinance; 5 b. The use of a flame resistant or fire retardant material for the Controlled Fire; C. Am minimum of one portable fire extinguisher with a 4A rating or other approved on-site fire-extinguishing equipment, as recommended by the International Fire Code, as updated from time to time; d. All flammable material not used as fuel is removed from immediate area around the Controlled: Fire location; e.A Responsible Adult is on-site and within visual range of the Controlled. Fire at all times; and - Payment of a Single Use Burn Permit fee as set from time toi time by the duly adopted resolution of Borough Council. (C) Control and Extinguishment; 1. All fires, whether or not a Controlled Fire, shall be kept under competent and continuous supervision by a Responsible Adult. 2. Alli flammable and combustible material not used as fuel for fire shall be removed to a safe distance. 3. Allfires, ashes, and coals shall be thoroughly extinguished after the use thereof has been completed and shall be properly disposed. SECTION 5: EXEMPTIONS The following Open Fires are exempted from this Ordinance: (A) The performance of an official duty of any officer, if the Open Fire is necessary for the prevention of a fire hazard which cannot be abated by 6 other means; (B) An Open Fire is required for the protection of public health at the direction of the appropriate public officer; (C) Instructing personnel in firefighting when approved by a Fire Chief in their response area; and (D) Ceremonies and activities done under a Responsible Adult's supervision such as Open Fires done in conjunction with school related or civic functions, scouting, and related activities. (E) Any use of a Cooking Grill or Smoker, for the purposes of cooking food outdoors, as long as the Cooking Grill or Smoker is located at least three (3) feet from a Building or other flammable. materials. SECTION 6: PROHIBITED ACTS (A) Its shall be unlawful for any Person to maintain. an Open Fire without a permit unless the fire is an exempted Open Fire pursuant to Section 5 of this Ordinance. (B) Its shall be unlawful for any Person under the age ofe eighteen (18) to regulate or manage an Open Fire. (C) Its shall be unlawful for any Person to kindle or maintain an Open Fire within fifty (50) feet of any building. (D) Its shall be unlawful for any Person to kindle or maintain an Open Fire within twenty-five (25) feet of any adjoining property line. (E) Its shall be unlawful for any Person tol kindle or maintain an Open Fire on any public or private street, street right-of-way, alley, road, or highway. 7 (F) Its shall be unlawful for any Person to kindle or maintain an Open Fire of any items, at any time, for the purpose of disposal, that may be disposed through services provided by the! Borough or a Borough designee, including but not limited to leaves, brush, tree limbs and branches, household waste, garbage, refuse, and rubbish. (G) It shall be unlawful for any Person to kindle or maintain an Open Fire consisting of construction residue and waste (H) Itshall be unlawful for any Person to kindle or maintain an Open Fire in the Borough that causes excessive. odor or excessive smoke. (1) Itshall be unlawful for any Person to maintain an Open Fire in the Borough during the hours of 11:00 P.M. and 6:00A.M., therefore, all Open Fires must be extinguished no later than 11:00 P.M. (J) Itshall be unlawful for any Person to kindle or maintain an Open Fire when there exists an active. fire ban emergency within the Borough that has been issued by any federal, state, county, Borough or emergency management official. (K) Itshall be unlawful for any Person to kindle or maintain an Open Fire in the Borough in violation of this Ordinance. SECTION7: ENFORCEMENT, VIOLATIONS, ,AND PENALTIES (A) Borough Council may authorize designees to enforce this Ordinance by resolution in the same manner provided for enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. (B) Any Person who shall violate any of the provisions of this Ordinance shall, 8 upon summary conviction, be subject to a penalty of not less than fifty ($50) dollars nor more than five hundred ($500) dollars per violations. Should such Person refuse or neglect to pay such penalty, such Person shall be subject to imprisonment to the extent allowed by law for the punishment of summary offenses. (C) As separate offense shall arise for each day or portion thereof in which a violation is found to exist for each section of this Ordinance which is found to have been violated. SECTION 8: SEVERABILITY Should any section, subsection, sentence, clause or phrase of this Ordinance be declared invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity or enforceability of the Ordinance in its entirety or any part thereof other than that part declared to be invalid or unenforceable. SECTION 9: REPEAL All ordinances or parts of ordinances. which are inconsistent with this Ordinance are hereby repealed insofar as the same affects this Ordinance. SECTION 10: EFFECTIVE DATE This Ordinance shall be and become effective immediately upon its adoption. ENACTED AND ORDAINED by the Borough of Windsor, York County, Pennsylvania, this day of 2025. Attest: WINDSOR BOROUGH COUNCIL BY: 9 Matthew L. Dietz, President Approved this day of 2025 BY: Larry Markel, Mayor 10 WINDSOR BOROUGH COUNCIL MEETING Monday January 6,2025 ENGINEER'S: PROJECTUPDATE YCPC-MS 41 Program Continue monitoring & improving implemented programs. Sch. Tramingleview/apdate meeting with Donna (Jan.) Review & update files with required monitoring forms (Jan.) Walnut Creek Development PhaseI&I III Final plan: Processing building permit applications. Certificate ofu use and occupancy - beingi issued. Storm piping to the new: stormwater basin needs tol be completed. (by York Ex. Co.) Phase IIII Final Plan Contractor is continuing with final utility improvements. Phase IV Final Plan: Will probably be: submitted in first Quarterof2025. Phase V and VI Final Plans: Sent Keystone Custom Homes list of Borough concerns andi items tol be addressed as they consider increasing density in Phase 6. 2021-2023 CDBG funded project (High Street) Completed walk through with Steve & Contractor to review punch listi items. Working on completing final completion report to be submitted to YCPC. Complete final walk through with YCPC. Coordinate with Contractorwhen temperatures allow concrete sidewalk andj paving on Heindel to be completed. Penn Street/Main Street signalized intersection geometric realignment Next Steps: Meet with Property owners (in. January/February) Review and approve' Traffic Consultant (TRG) updated proposal. Proceed with permitting & grant applications- (Winter/Spring 2025) Grant Opportunities: Continue to research and gather opportunity information. Green Light Go Grant (Penn & Main Streets- 2025) Fishing Creck- Borough/Resident wall permitting: Coordinate including wall at 72 W. Maini inj permit (Matt has coordinated with Owner) GLB&A to follow up with Owner. Update permit application. Electronic filing ofGP-11 Schedule another pre-application meeting with DEP YCCD Dirt, Gravel, Low volume road grant: Final walkthrough with YCCDI has been completed. Time extension was approved by YCCD to complete close out report. Coordinate with Donna & YCCD on issuing final payment to Contractor. Statewide Local Share Grant for Bridges (Herman & Heindel): Statewidel local share grant assistance grant- - submitted. 2024 = 2026 CDBG Applications: Waiting on funding notice and contract GLB&A Broject Cost Tracking: Will be provided. FEMA Flood Plain Virtual Meeting: Scheduled for 1/17/2025 1-3 pm General Discussion Items: