TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Open Burning Regulations
DATE: February 14, 2000
The attached ordinance would establish, in the Town Code, regulations on the open burning of trees, limbs, and other materials within the Town and its extraterritorial planning jurisdiction.
The N.C. General Assembly, during the 1999 Session, granted the Town’s request for authority to adopt ordinances to regulate open burning, within both the Town limits and the Town’s extraterritorial jurisdiction.
On January 19, 2000, the Council held a public hearing to consider a proposed Ordinance implementing this authority. The proposed Ordinance would generally prohibit any open burning without a permit from the Town Fire Marshall. It includes a provision that would allow symbolic fires so long as adequate safety precautions are taken.
Currently provisions of the Fire Code, incorporated by reference in the Town Code, require a permit from the Fire Department for open burning within the Town limits. This proposed Ordinance would establish regulations directly in the Town Code and would expand the requirements to include open burning within the Town’s extra-territorial planning jurisdiction.
Following the hearing we received one letter in regard to this matter. The letter and a response from the Town Attorney are attached.
RECOMMENDATION
That the Council enact the attached Ordinance.
2. Section 7-1 of Town Code.(page 4)
3. Letter from James Ellis. (page 5)
4. Letter to James Ellis.(page 6)
AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES TO ADD REGULATIONS ON OPEN BURNING OF TREES, LIMBS, AND OTHER MATERIALS (2000-02-14/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. A new Article IA, Chapter 7 is hereby added to the Town Code to read as follows:
“ARTICLE
IA. REGULATION OF OPEN BURNING
Sec. 7-7. Restrictions on burning of trees, limbs,
debris, etc.
(a) It shall be unlawful to
burn yard waste, such as trees, limbs, stumps, construction debris, or to hold
campfires for social events, without a permit from the Town Fire Marshall, on
any property within the Town limits or within the Town’s extraterritorial
jurisdiction.
(b) Except as provided in Sec. 7-8 below and in Sec. 7-1 of this
Chapter of the Code of Ordinances (related to the burning of trees due to
Southern Pine Beetle infestation), the burning of trees, limbs, stumps and construction debris shall be prohibited
unless it is demonstrated to the Town
Manager or his designee that no reasonable alternative means are available for
removal of the materials from the subject property .
(c) The Fire Marshall may
establish safety standards which must be met in order to receive a permit under
this Article.
Sec. 7-8. Symbolic fires.
This Article shall not be
construed to prohibit symbolic fires for which permits are issued by the Fire
Marshall, so long as precautions are taken to protect persons from injury and
to avoid damage to surrounding property.
Such fires may be subject to reasonable regulations as to time, place
and manner.
Sec. 7-9. Other regulations remain applicable.
The provisions of this Article
shall be in addition to any other applicable codes, ordinances and regulations
regarding the permitting of open fires.
Where a conflict exists between this Article and any other applicable
regulations exists, the stricter regulations shall govern the proposed
activity.
Section 2. This ordinance shall be effective upon adoption.
This the 14th day of February, 2000.