NOTICE IS HEREBY GIVEN that at its regular meeting on August 8, 2023, at the Township Hall located at 6483 Waldon Center Drive, Clarkston, Michigan 48346, the Charter Township of Independence Board of Trustees approved the Second Reading and Adoption of Amendments to the Township Code of Ordinances, Chapter 20, Article III, Sections 56-59.

A true copy of the Ordinance is on file and available for viewing between the hours of 7:00 a.m. and 5:30 p.m., Monday through Thursday at the Independence Township’s Clerk’s Office, 6483 Waldon Center Drive, Clarkston, Michigan 48346.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

CODE OF ORDINANCE (2023-20-001).

ORDINANCE AMENDING CODE OF ORDINANCES

(Text Amendments to Code of Ordinance)

An Ordinance to Amend the Charter Township of Independence Municipal Code, Article III, Chapter 20, Sections 56-59 to eliminate the requirement to obtain a permit in order to participate in open burning. All regulations, enforcement, restrictions, and penalties remain in effect and noncompliance with the Ordinance may result in a fine and/or discontinuation of burning.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS:

Sec. 20-56. Intent.

The township board has determined that open burning has and contributes to creating or furthering a detrimental environmental effect, a health hazard, and serious and significant effects on the values of properties within the township. It is the intent of this article to regulate and restrict open burning, and thus promote the public health, safety and welfare of the township. This article shall be in addition, and as a supplement, to other provisions in this chapter.

(Code 1982, § 9-51; Ord. of 9-3-1991, § 3; Ord. of 3-3-1992, § 1)

Sec. 20-57. Definitions.

For purposes of this article, the term “open burning” means the setting on fire, igniting or combustion of any natural or manmade material, item or thing out-of-doors.

(Code 1982, § 9-52; Ord. of 9-3-1991, § 3; Ord. of 3-3-1992, § 1; Ord. of 10-2-2001, § 2)

Sec. 20-58. General prohibition.

Except as provided in section 20-59, it shall be unlawful for any person to cause, permit or maintain any open burning on property situated within the township.

(Code 1982, § 9-53; Ord. of 9-3-1991, § 3; Ord. of 3-3-1992, § 1)

Sec. 20-59. Open burning of refuse.

(a) Open burning. The following open burning shall be permitted, as specified in this subsection:

(1) Open burning, involving the use of highway safety flares, smudge pots, 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, fireplaces, firepots, chimineas, 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;

(3) Open burning and controlled fires caused and maintained for training of firefighters by the township fire department;

(4) Open burning for recognized silviculture and range or wildlife management practices, prevention or control of disease or pests, bonfire, campfire, and burning of yard wastes such as leaves and twigs, shall be permitted without issuance of a permit from the fire department, subject to the regulations in this article;

(5) Burning of yard waste, including leaves, brush, limbs and tree cuttings shall be permitted to the extent, on the dates and during the times directed by duly adopted and published resolution of the township board. It is the anticipation and intent of this article to reduce open burning gradually from the time of adoption of this article until open burning is prohibited by state law. It is the further intent of this article that such resolutions shall more liberally permit open burning on large parcels in rural areas (subject to subsection (c) of this section), as contrasted with smaller lots in residential subdivisions;

(6) A bonfire and campfire shall be allowed if the pile or stack of materials being burned measures no more than six feet in diameter and if such fire does not burn longer than three hours; provided, authorization for bonfires and campfires shall be subject to atmospheric conditions being conducive for burning without creating a danger and/or nuisance. Fuel for a bonfire and campfire shall consist only of seasoned dry firewood and shall be ignited with a small quantity of paper; and

(7) All authorization for burning shall be subject to a mandate from any governmental entity or official having jurisdiction.

(b) Regulations. The following regulations shall apply to all open burning.

(1) No open burning shall be allowed in or on any public or private road right-of-way or safety path; provided, that after an on-site inspection, and determination by the fire official that an alternative safe location for burning is permissible and that a hardship would otherwise result, the fire official may permit, in writing, open burning in the right-of-way for limited periods of time.

(2) Subject to an on-site inspection and written determination by the fire official that an alternative safe location for burning is permissible and that a hardship would otherwise result, the location of any open burning shall not be less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet from any structure.

(3) Open burning shall not be used for waste disposal purposes.

(4) The pile, stack or grouping of materials being burned shall measure no more than six feet in diameter, and, unless more specific or strict provisions of this article apply, the fuel to ignite and articles to be burned shall be chosen to minimize the generation and emission of air contaminants.

(5) Any open burning shall be constantly attended by a person 14 years of age or older until the fire is extinguished. Fire extinguishing equipment, approved by the fire official, shall be available for immediate use.

(6) The fire official may, based upon the exercise of reasonable discretion, prohibit open burning otherwise authorized under this article, if such burning would, in the opinion of the fire official, be offensive or objectionable due to smoke, odor or particle emissions when atmospheric conditions or local circumstances make such fires a potential hazard or nuisance, or when any burning would be in violation of law or regulation administered by the state department of natural resources. Prohibition under this subsection may be determined prior to the ignition of a fire, or following ignition by order of extinguishment.

(7) No open burning shall be permitted on building or constructions sites.

(c) Open burning on three-acre parcels. Open burning shall be permitted on parcels of land which are three acres or more in area, subject to and in accordance with the following additional requirements:

(1) Materials which may be burned must be from the site, and shall not be brought to the site for the purpose of burning; and

(2) All burning must occur in a location which is not closer than 50 feet from the lot line.

(d) Right of entry and inspection.

(1) The Fire Chief or any authorized officer, agent, employee, or representative of the township who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance.

(2) If a complaint is received by the fire department, an on-site inspection and determination shall be made whether burning should continue. For purposes of decision-making under this provision, the fire official shall make a determination whether continued burning would be unsafe, would result in excessive smoke, would constitute a fire hazard for any reason, would occur in a location which would be unsafe and/or disruptive to others, or other specific reason(s) disclosed to the person responsible by the fire official.

(e) Enforcement and penalties.

(1) The Fire Chief and authorized township employees are authorized to enforce the provisions of this ordinance.

(2) Noncompliance will result in a violation of this ordinance and may result in a citation.

(3) A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.

(4) On each day burning shall occur under this provision, the person responsible for the fire must notify the fire department.

(5) All open burning under this ordinance shall conform to the regulations established by the International Fire Code.

(f) Conformance with air pollution act. All burning in 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) Open burning by retail business. After recommendation of the fire chief, and a showing by an applicant that, unless burning is permitted, an unnecessary hardship will result, the township board may permit open burning by a retail business relative to specifically and expressly authorized materials. Such authorization shall be subject to all other permit requirements and regulations of this article, and the township board may impose additional conditions upon such authorization.

Ayes: Aliaga, Neubeck, Brown, Moraco, Nallamothu, Ritchie, Stoian

Nays: None

Abstentions: None

Absent: None

CHARTER TOWNSHIP OF INDEPENDENCE

By: Cari J. Neubeck, Clerk

Introduced: July 11, 2023

Published: July 26, 2023-Clarkston News

Adopted: August 8, 2023

Published: August 16, 2023

Effective: August 16, 2023