AGENDA #4d 

MEMORANDUM

 

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.

 

BACKGROUND

 

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.

 

DISCUSSION

 

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.

 

Attachments

 

1.         January 19, 2000 agenda # 4.(begin new page 1)

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.