Franklin Township resident wins challenge on outdoor furnace

A Franklin Township resident challenged Franklin Township supervisors about the outdoor wood burning furnace ordinance and won.

Richard Dorwood of Rock Street said that he purchased an outdoor wood furnace last summer, but due to the rainy season, he could not install the stove before the ordinance was passed. The ordinance was approved during the Oct. 21 meeting.

Dorwood said that the way the ordinance was written, it leaves no lee way for him to place it anywhere on his property because he cannot meet the setback requirements.

"My neighbor's homes are located near the my property lines," he explained. "I can't apply for a variance and I already have the stove and can't use it."

Supervisors were sympathetic to his plight and said that if he has an invoice proving the date of the purchase, he can be grandfathered in, but that he must still get a permit and abide by the dates of operation within the ordinance. The stoves cannot be operational from May 1 through Oct. 1.

Dorwood produced the invoice showing that the stove and most of the supplies to install it had been purchased in August and September before the ordinance was approved.

Supervisors also discussed an issue of a woman who was living in a recreational vehicle adjacent to her son's home for the past two months.

"A few weeks ago, we got complaints," said Matt Neeb, Franklin Township zoning officer. "No names were given, but me as a zoning officer I had to do an investigation. The main question is where the sewage is going. Apparently there is a pipe and the RV sewage is being diverted into an existing tank."

Neeb said that Shawn Coury, sewage enforcement officer, told the family that with the supervisor's approval, they could place a temporary 1,000 gallon tank for the RV. Neeb said that the owners will still need to get variance for the setbacks. Also the homeowners need to apply for a land development plan for two dwellings on one property."

"An RV is not a permitted use on any property as a permanent use," said Neeb.

A notice had been sent to the family that the RV must be vacated.

Rod Green, chairman, said that having the family come to the meeting was a first step in the many steps needed to resolve the issue and thanked them for attending.

"This is complicated," said Green. "But by having you show up, it is a good-faith effort to get the ball rolling."

The board also revoked the developers agreement with Mieczyslaw Klecha regarding improvements to Plantation Drive in the Homestead in the Pines development. Green noted that by revoking the letter of credit it frees up the escrow account for the township to complete the road.

The board also adopted a resolution that will require payment of professional consultants' fees into an escrow account and a second resolution that increases the costs of subdivision and land development fees.

Green explained that the costs for each lot increased about $5 a lot.

He noted that fees will be placed in an escrow account and when an engineer reviews the plans, the costs will come out of the escrow account. In the past, some developers waited to pay until the next phase.

"If they walk away from the plans, we don't get paid," added Paul Kocher, vice chairman. "This means we get paid."

Sandra Gaumer, township secretary, noted that the 2010 Census is approaching and that the township has a vested interest in getting an accurate population count. She noted that the number of people living in the township has a direct impact on how much funding Franklin Township receives for the next 10 years. The numbers influence the township's liquid fuel distribution and other dollars the township receives over the next decade. Gaumer said that 10 years ago, Franklin Township had 4,243 residents.

"We are urging our residents to complete the questionnaires," she said. "The U.S. Census Bureau will begin mailing the forms in the next few weeks and we are encouraging everyone to mail the 10-question census form by "National Census Day," April 1."