Unless the context specifically indicates otherwise,
the meanings of the terms used in this article shall be as follows:
APPLICATION
The form prescribed by the Township which an applicant must
complete in order to obtain a burning permit.
BONFIRE
An outdoor fire utilized for ceremonial purposes.
BURNING
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.
PERSON
Any individual, firm, partnership, association, corporation,
company or other business entity.
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 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.