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Independence Township


approved a First Reading of an Ordinance to Amend Certain Provisions



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July 04, 2012 - NOTICE IS HEREBY GIVEN that at its regular meeting on June 19, 2012, the Charter Township of Independence Board of Trustees approved a First Reading of an Ordinance to Amend Certain Provisions of the Charter Township Code, as follows:

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. _____

ORDINANCE AMENDING

OPEN BURNING REGULATIONS

An Ordinance to amend Charter Township of Independence Ordinance Code, Chapter 20, Article III, to amend open burning regulations.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS AS FOLLOWS FOR INCORPORATION INTO THE TOWNSHIP CODE:

Section 1 of Ordinance

Chapter 20, Article III, Open Burning, Shall be amended in its entirety to read as follows:

ARTICLE III. OPEN BURNING

Sec. 20-56. Definitions.

For purposes of this article, the following terms are defined as:

Non-recreational open burning means the open burning of dry brush and dry tree parts and dry leaves.

Open burning means the setting on fire, igniting or combustion of any natural or manmade material, item or thing out-of-doors.

Recreational open burning means the open burning of only seasoned wood in a fire pit, fireplace, firepot, chiminea or other container approved by the fire chief or his designee.

Sec. 20-57. General Prohibition.

Except as permitted in section 20-58, it shall be unlawful for any person to cause, undertake, permit or maintain any open burning on property situated within the township.

Sec. 20-58. Exceptions; permits; fees; penalties.

(a) General open burning exceptions. The following open burning shall be permitted, as specified in this subsection, without a permit:

(1) Open burning, involving the use of highway safety flares, smudgepots, conventional heating appliances for construction materials and personnel, and similar occupational needs;

(2) Open burning involving the burning and/or use of candles, lanterns, lamps, bug repellent torches, cigarettes, cigars, pipes, charcoal cookers, braziers, hibachis, barbecue grills or any flammable liquid or liquefied gas fire stoves or similar devices maintained and used solely for the preparation of food on the premises of the owner or occupant; and

(3) Open burning and controlled fires caused and maintained for training of firefighters by the township fire department or for care and management of forested areas on public land by an authorized controlled burn specialist.

(b) Recreational open burning exception. Recreational open burning is permitted only if all of the following are complied with:

(1) A permit under this section for recreational open burning in a fire pit shall be applied for and obtained by the owner or person in control of land upon which the burning is to occur. A permit is not required under this section for recreational open burning in a fireplace, firepot, chiminea or other container approved by the fire chief or his designee.

(2) Recreational open burning shall not take place in or on any public or private road right-of-way or safety path.

(3) The location of any recreational open burning shall be a distance of at least 50 feet from any building or structure on the subject property and a minimum of 50 feet from any neighboring residential dwelling.

(4) The location of any recreational open burning on a property that is greater than 1 acre in size shall be a distance of at least 50 feet from the property line.

(5) Recreational open burning may take place only between the hours of 8:00 a.m. and 1:00 a.m. The fire must be completely extinguished on or before 1:00 a.m.

(6) Only seasoned wood may be burned and recreational open burning shall be limited to an area measuring no more than 5 feet in diameter.

(7) Recreational open burning shall take place only (i) on property used for single-family residential purposes, (ii) in a common or shared area within a neighborhood that is zoned single-family residential pursuant to a one-day permit, or (iii) on property used as a public park pursuant to a one-day permit.

(8) Any recreational open burning shall be constantly attended by a competent person who is 16 years of age or older until the fire is completely extinguished.

(c) Non-recreational open burning exception. Non-recreational open burning is permitted only if all of the following are complied with:

(1) A permit under this section for non-recreational open burning shall be applied for and obtained by the owner or person in control of land upon which the burning is to occur.

(2) Non-recreational open burning shall not take place in or on any public or private road right-of-way or safety path; provided, however, that after an on-site inspection and determination by the fire official that an alternative safe location for such burning is permissible and that a hardship would otherwise result, the fire official may permit, in writing, non-recreational open burning in the right-of-way for limited periods of time.

(3) The location of any non-recreational open burning shall be a distance of at least 50 feet from any building or structure.

(4) The location of any non-recreational open burning on a property that is greater than 1 acre in size shall be a distance of at least 50 feet from the property line.

(5) There shall be no non-recreational open burning on any parcel that is less than one acre in size. On property that is between one acre andthree acres in size, non-recreational open burning may take place only on the first and third Saturday and Sunday of each month, for the portions of the year set forth in subsections (6) and (7), below. On property that is greater than three acres in size, non-recreational open burning may take place only on the first and third Tuesday, Thursday, Saturday and Sunday of each month, for the portions of the year set forth in subsections (6) and (7), below.

(6) Non-recreational open burning of dry brush and dry tree parts, not including leaves, may take place only between the hours of 8:00 a.m. to 8:00 p.m. from March 8th through November 1st, and the hours of 8:00 a.m. to 6:00 p.m. from November 2nd through March 7th.

(7) Non-recreational open burning of dry leaves may take place only between the hours of 8:00 a.m. to 8:00 p.m. from March 8th through May 31st, and the hours of 8:00 a.m. to 6:00 p.m. from October 1st through March 7th.

(8) Notwithstanding subsections (6) and (7), above, non-recreational open burning is prohibited at all times on Easter, Mother's Day, Memorial Day, Father's Day, 4th of July, Labor Day, Halloween, Thanksgiving and Christmas.

(9) Non-recreational open burning shall be strictly limited to dry brush, dry leaves and dry tree parts only. Burning of wet materials or any other types of vegetation or materials is strictly prohibited.

(10) Non-recreational open burning shall be limited to an area measuring no more than 5 feet in diameter.

(10) Non-recreational open burning shall take place only on property used and occupied for single-family residential purposes, in a common or shared area within a neighborhood that is zoned single-family residential pursuant to a one-day permit, or on property used as a public park pursuant to a one-day permit; provided, however, that upon a showing by an applicant that, unless burning is permitted, an unnecessary hardship will result, the fire chief may permit non-recreational open burning on property that is not used and occupied for single-family residential purposes subject to additional conditions and restrictions as deemed necessary by the fire chief to protect the public health, safety and welfare.

(11) Any non-recreational open burning shall be constantly attended by a competent person who is 16 years of age or older until the fire is completely extinguished.

(d) Permits. An owner or person in control of land desiring to obtain a permit for purposes of engaging in recreational or non-recreational open burning shall make application at an Independence Township Fire Station or go to the fire department website (www.independence.fire.us) for such purposes. Upon completion of the application for the desired type of permit, if the permit is issued, the applicant shall retain a copy of the permit for his or her records. Permits issued shall be in effect for a period of one year or less, as indicated on the permit. The fee for any permit issued under this section shall be established by a resolution of the township board. All authorizations or permits issued under this section shall be subject to the following, regardless of whether stated as such in the permit itself:

(1) All applicable requirements and regulations set forth in this section;

(2) Any private subdivision or deed restrictions applicable to the property on which the burning is to occur that are more restrictive than the requirements and regulations set forth in this section, with the recognition that the township does not have the power or authority to, and will not, enforce any such private restrictions;

(3) Any mandate from any governmental entity or official having jurisdiction; and

(4) All burning within the Township shall conform to the state air pollution laws, part 55 of Public Act No. 451 of 1994 (MCL 324.5501 et seq.), subject to any special approvals authorized by law and granted by the appropriate public entity or official.

(g) Revocation of Permit.

(1) A permit issued under this section may be revoked by the fire chief or his designee, following an opportunity of the holder of the permit to be heard before said fire official, for any of the following reasons:

(i) If the fire chief or his designee determines that continued burning would constitute a fire hazard for any reason; or

(ii) If a complaint is received by the fire department, and following an on-site inspection, the fire chief or his designee determines that continued burning would be unsafe, would result in excessive smoke, would occur in a location which would be unsafe and/or disruptive to others, or other specific public health, safety or welfare reason disclosed to the permit holder by the fire chief or his designee.

Sec. 20-59. Penalties.

A violation of this article shall constitute a municipal civil infraction, subject to the relief provided under Section 20-1, except that, in lieu of the fines set forth under said Section 20-1, individuals violating this article shall be subject to the following fines and penalties in addition to any equitable or judicial remedies that may be available:

(a) First offense warning.

(b) Second offense - $150 fine.

(c) Third offense - $300 fine.

(d) Fourth offense - $600 fine.

Section 2 of Ordinance

Any prior ordinances or terms of ordinances in direct conflict with the provisions of this ordinance are hereby repealed.

Section 3 of Ordinance

If one or more sections, provisions, phrases or words of this ordinance are declared to be invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining sections, provisions, phrases and words of this ordinance, which shall continue in full force and effect, and to this end, this ordinance is declared to be severable.

Section 4 of Ordinance

All proceedings pending and all rights and the liabilities existing, acquired or incurred at the time this ordinance takes effect are saved and may be consummated according to the law in force when they are commenced.

Section 6 of Ordinance

This ordinance shall be effective following publication on January 1. 2013, in the manner prescribed by law.

CERTIFICATION

It is certified that the ordinance set forth above was duly adopted by the Township Board of the Charter Township of Independence at a meeting duly called and held on the ___ day of ____________________, 20___.

Barbara Pallotta, Clerk

Introduced: June 19, 2012

Adopted:

Published: July 4, 2012

Effective:

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