(A) Table of regulations. No person shall, at any time, undertake or allow to continue any open burning or other fire-related activity except in full accordance with the regulations in the table following this section.
(B) Intent.
(1) Burning is generally most restricted in the parts of the township where the greatest amount of residential development has occurred or is expected to occur.
(2) In these areas burning is most apt to offend or affect the health of residents or endanger residents and property.
(C) Petition to permit or ban burning in a subdivision. Residents of a subdivision may seek to obtain a ban on types of burning that are otherwise permitted in the subdivision by obtaining the signatures of residents of the affected subdivision on a petition proposing such a ban. If burning is banned, residents of a subdivision may seek to obtain permission to allow burning in the subdivision by obtaining the signatures of residents of the affected subdivision on a petition proposing to allow burning, provided that the desired types of burning are permitted in the table following this section. Any such petition should satisfy the following requirements.
(1) The petition should specify the types of burning covered by the petition and should not propose a type of burning that is otherwise prohibited throughout the township.
(2) The petition should specify the area of the township covered by the petition. The area covered by a petition should be limited to the boundaries of a single subdivision, except where a subdivision has been developed in phases, all phases should be represented on a single petition. (For example, Pebblebrook Estates, Pebblebrook No. 2, 3, 4 and 5, and Pebblebrook Place would be represented on one petition.) Where lots created by land division are enveloped on two or more sides by a subdivision, or where the lots adjoin and are commonly considered part of a subdivision, then the lots should be included and counted in the petition for the surrounding subdivision.
(3) The petition should be consistent with general policies of the township regarding format and content of petitions.
(4) The petition should be submitted to the Township Board. The petition shall be considered advisory and non-binding upon the Township Board. Upon receipt of a petition, the Township Board shall proceed with any further investigation it deems necessary to determine if the action sought would be appropriate and reasonable. Action to change the burning status of an area shall be by majority vote of the Township Board.
(5) Burning that is permitted by the Township Board pursuant to this section shall comply with all applicable conditions specified in this chapter.
(Ord. 41, passed 10-1-2002; Ord. passed 8-5-2003)
Zoning District | R-1 | R-1-S | RR | RE | AG-SF | RM-1 | AG-C | MHP, OS-1, B-1, B-2, I-1 | PD |
Zoning District | R-1 | R-1-S | RR | RE | AG-SF | RM-1 | AG-C | MHP, OS-1, B-1, B-2, I-1 | PD |
Leaf and grass burning | X | X | X | OK | OK | X | OK | X | X |
Except as in note 1 | |||||||||
Burning yard debris other than leaves and grass (i.e., brush, limbs, dead plant growth) | OK | OK | OK | OK | OK | X | OK | X | OK |
See note 4 | See note 4 | See note 4 | See note 4 | ||||||
Burning construction waste | X | X | X | X | X | X | X | X | X |
Campfires | OK | OK | OK | OK | OK | X | OK | X | OK |
See note 2 | See note 2 | See note 2 | See note 2 | See note 2 | See note 2 | See note 2 | |||
Barbecues, fireplaces and similar facilities | OK | OK | OK | OK | OK | OK | OK | OK | OK |
See note 3 | See note 3 | See note 3 | See note 3 | See note 3 | See note 3 | See note 3 | See note 3 | See note 3 | |
Burning household trash | X | X | X | OK | OK | X | OK | X | X |
See note 1 | See note 7 | See note 7 | See note 7 | ||||||
Controlled burn for silviculture, range and wildlife management, wildflower propagation, burning associated with a bona fide agricultural operation | X | X | X | OK | OK | X | OK | X | OK |
See note 5 | |||||||||
Notes to Table | |||||||||
X = Activity Is Not Permitted in Zoning District | |||||||||
OK = Activity Is Permitted in Zoning District | |||||||||
1. Burning on RR-zoned land is prohibited in subdivisions and condominium developments and on lots created by land division that have common boundaries and are commonly considered a part of an RR-zoned subdivision or condominium. Burning is permitted on RR-zoned land outside of subdivisions and condominiums. | |||||||||
2. The total fuel area of campfires shall not exceed three feet in diameter and two feet in height (measured from ground level). Campfires shall be contained within a six-inch depression in the ground and ringed with stones, bricks, concrete or concrete block. All such fires shall be extinguished completely no later than midnight. Per § 92.28, a permit is not required for a campfire. Campfires are prohibited the entire year in Pebblebrook Estates, Pebblebrook No. 2, 3, 4 and 5, and Pebblebrook Place. Excluding Pebblebrook, campfires are permitted in subdivision and condominium common areas (no other burning is permitted in common areas). | |||||||||
3. The use of barbecues, outdoor fireplace grills and similar facilities to burn wood, charcoal, or gas is permitted in all districts for the purposes of preparing food and/or generating warmth; except, however, chimineas and open metal containers are not permitted in Pebblebrook Estates, Pebblebrook No. 2, 3, 4 and 5, and Pebblebrook Place. | |||||||||
4. Burning of yard debris (excluding leaves and grass) is allowed by permit only as follows: | |||||||||
a. In the R-1, R-1-S and PD districts, and in the subdivisions and condominium developments in the RR district, burning is permitted on the first Saturday and Sunday and third Tuesday and Wednesday of each month; except, burning of yard debris is prohibited in July and August. The maximum size of burn piles shall be six feet in diameter and six feet in height. | |||||||||
(Ord. rev. 8-5-2003) | |||||||||
b. In the RE, AG-SF, AG-C and outside of subdivisions and condominiums in the RR district: burning is permitted throughout the year. The maximum size of burn piles shall be six feet in diameter and six feet in height. | |||||||||
(Ord. rev. 8-5-2003) | |||||||||
c. In Pebblebrook Estates, Pebblebrook No. 2, 3, 4 and 5, and Pebblebrook Place: burning of yard debris is prohibited the entire year. | |||||||||
5. Burning for wildflower propagation in common open space areas of a Planned Development (PD) may be allowed by permit, where called for on the approved PD plans or PD agreement. | |||||||||
6. Incinerators for commercial or industrial use are permitted in the B-1, B-2 and I-1 districts only, subject to the requirements in § 92.25. | |||||||||
7. Burning household trash is not permitted on parcels less than five acres in area. | |||||||||