[Adopted 5-6-2002 by Ord. No. 301]
Unless the context specifically indicates otherwise,
the meanings of the terms used in this article shall be as follows:
The form prescribed by the Township which an applicant must
complete in order to obtain a burning permit.
An outdoor fire utilized for ceremonial purposes.
Combustion of any materials wherein the products of such
combustion are emitted directly into the ambient air without passing
through a stack or chimney from an enclosed chamber. For the purpose
of this definition, a chamber shall be deemed to be enclosed when,
during the time combustion occurs, only apertures, ducts, stacks,
flues, or chimneys necessary to provide combustion air and permit
the escape of exhaust gas are open.
A written authorization granted by the Township for burning
of materials.
Any individual, firm, partnership, association, corporation,
company or other business entity.
A.
No person shall cause or allow burning within the
Township except in accordance with all applicable regulations of the
County of Allegheny and with those of the Township and, also, without
first having obtained a burning permit, if such is required by the
provisions of this article.
B.
Before a burning permit is issued, the applicant shall
have received any other applicable approvals, permits or authorizations,
if required, from the County of Allegheny.
C.
Burning utilized for disposal of tree leaves, refuse,
garbage, or waste material (including the clearing or grubbing of
land or incineration of landscape waste or brush not directly related
to ongoing, recognized agricultural or horticultural management purposes
necessary to the quantity or quality of such production) is expressly
prohibited at all times within the Township.
D.
Burning used exclusively for providing heat for outside
work crews shall be allowed without a permit only if such burning
is in compliance with the provisions of the BOCA National Fire Prevention
Code, Eleventh Edition, 1999 and the applicable regulations of the
Health Department of the County of Allegheny. In the event of a conflict
between such requirements, the stricter of the two shall govern.
E.
Bonfires shall be allowable only upon the issuance
of a permit pursuant to the provisions of the BOCA National Fire Prevention
Code, Eleventh Edition, 1999, and the applicable regulations of the
Health Department of the County of Allegheny. In the event of a conflict
between such requirements, the stricter shall govern. The Township
may require that fire-extinguishing equipment of its emergency services
providers be present during the duration of the bonfire or impose
other appropriate conditions necessary to public safety. If the applicant
is not the property owner, such property owner's written consent shall
be part of the application.
F.
Burning utilized for ongoing, recognized agricultural
or horticultural management purposes (to maintain or increase the
quantity or quality of agricultural or horticultural production) shall
be allowable without a permit, provided that advance notification
to the Township is provided and that any applicable requirements of
the County of Allegheny are met.
A.
A burning permit shall be issued only after an applicant
has completed an application in the form prescribed by the Township,
which form may be revised from time to time. If the Township deems
further information is necessary, it may request such additional information
as is necessary to enable it to make a determination regarding the
appropriateness of the burning activity requested.
B.
Upon submission of a fully completed application,
the Township shall review the application and shall grant or deny
such application. The Township may issue a burning permit subject
to compliance with mandatory conditions designed to minimize or eliminate
any potential hazards, or detrimental effects determined to exist
by the Township.
Unless otherwise stated as a condition of issuance,
burning permits shall have a duration period of six months from date
of issuance.
Each applicant for a burning permit shall include with its application an application fee, if any, as hereafter may be specified in the Township's standard schedule of fees contained in Chapter A144 of the Code of the Township of Pine. The application fee will not be refunded in the event the application is denied. The amount of the application fee may be amended from time to time, as appropriate, by the Township's Board of Supervisors by resolution and inclusion in the Township's aforementioned standard schedule of fees.
A.
The Township shall have the right to condition or
limit the terms of the permit as necessary to minimize or to eliminate
potential hazards or detrimental effect upon public safety. In making
such determinations, the Township shall consider the physical condition
of the property utilized, nature or use of proposed burning activity,
and weather conditions.
B.
A permit holder shall allow the Township to monitor
its burning activities and to make inspections of any part of the
property or equipment utilized so as to evaluate any effects upon
public safety.
A.
A permit holder shall perform all burning activities
in a manner in compliance with its application and with all applicable
federal, state and local laws and regulations, including but not limited
to the applicable provisions of the BOCA National Fire Prevention
Code, Eleventh Edition, 1999 (or as thereafter amended), the County
of Allegheny, this article, and any specific conditions of its permit.
B.
All burning activity authorized by a permit shall
occur only between those hours specified by the permit.
A permit holder shall indemnify and hold harmless
the Township, its elected and appointed officials, employees and agents,
against any and all claims for personal injury (including death) and
property damage arising out of the permit holder's burning activities.
A permit holder shall defend any actions or proceedings against the
Township in which it is claimed that personal injury (including death)
or property damage was caused by the permit holder's burning activities.
The obligation to indemnify, hold harmless and defend shall include,
but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, attorneys' fees, reasonable expert fees, court
costs and all other costs of indemnification.
Burning permits may not be transferred or assigned
without the written consent of the Township.
In addition to all other reserved rights and
powers, the Township reserves the right to terminate a permit if the
permit holder fails to comply with any of the material provisions
of the permit, this article, or other applicable federal, state, or
local laws or regulations.
Violation of any of the terms of this article
shall be punishable by a fine of up to $100 per day until the violation
is cured. The rights of the Township to seek the penalty set forth
in this section shall be deemed to be cumulative and in addition to
any provisions set forth elsewhere in this article regarding suspension
or termination of permits.
The Township, by granting any permit under this article, does not waive, lessen, impair or surrender the lawful police powers vested in it under applicable federal, state and local laws pertaining to the regulation or use of fire and/or burning. The provisions of this article shall not alter, amend, or revise any existing language or provisions of the Code of the Township of Pine (including, but not limited to, the specific provisions of Chapter 52, Fire Prevention) and the BOCA National Fire Prevention Code, Eleventh Edition, 1999, unless such is specifically stated herein and all provisions of this article shall otherwise be interpreted to be additional, supplemental regulations.
