[HISTORY: Adopted by the Board of Supervisors of the Township
of Robinson 7-14-2009 by Ord. No.
3-2009; amended in its entirety 8-14-2017 by Ord. No. 2-2017.
Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
A small outdoor fire intended for recreation or cooking,
but not including a fire intended for disposal of waste wood, yard
debris or refuse.
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure treated with preservatives;
and does not contain resins or glues, as in plywood or other composite
wood products.
The Board of Supervisors of Robinson Township, Washington
County.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney. This includes burning in a burn barrel.
A chiminea, patio warmer, or other portable wood-burning,
gas-burning or other device used for outdoor recreation and/or heating.
Any individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
Any waste material except trees, logs, brush, stumps, leaves,
grass clippings, and other vegetative matter.
The Supervisors of Robinson Township shall have the power and
duty to enforce the provisions of this chapter and therein, each Supervisor
shall be considered an enforcement officer and, additionally, the
same may be enforced by the Zoning Officer or any other enforcement
officer as designated by the Board of Supervisors from time to time.
A.
Within the limits of Robinson Township, no person shall:
(1)
Ignite, feed, cause, allow, permit or maintain on any property any
open fire for any purpose other than that specifically allowed for
herein.
B.
Exceptions:
(1)
The Township of Robinson and its officers, employees and agents are
exempt from the provisions of this chapter when the burning activity
is conducted in the furtherance of Township operations or procedures.
(3)
Open fires may be set with approval of the Township and after issuance
of a permit, provided:
(a)
Leaves, branches and other nonputrescible vegetable matter only
are burned.
(b)
There is no practical available alternative method for disposal
of the material to be burned.
(c)
No hazardous or nuisance condition will be created by such burning.
(d)
No such burning is allowed on any street or sidewalk within
Robinson Township.
(e)
All such burning must take place between the hours of 7:00 a.m.
and 7:00 p.m.
(f)
No open burning whatsoever shall be permitted on Sundays or
federal holidays.
(g)
No open burning whatsoever shall be permitted in the Single
Family Residential District (R-1B), General Residential District (R-2),
Commercial (C) District, the Light Industrial (LI) District and the
Industrial (I) District.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(h)
The burning of open fields shall be allowed in the Agricultural
(A) Zoning District only.
(i)
If located on the same parcel of land as a gas well, the open
burning shall be located no closer than 300 feet from the gas well/gas
line.
(j)
The weather and wind shall be evaluated prior to starting the
fire and open burns shall not be started when dangerous conditions
exist or are forecasted to exist within a four-to-six-hour period.
(k)
No fire shall be allowed to burn unattended without a responsible
adult being present at all times and without readily available fire
extinguishing apparatus. A "responsible adult" is defined to be an
individual of 18 years or older (16 years or older if a certified
Junior Fireman) who is not under the influence of drugs or alcohol
or suffering from any disability which would impair his or her ability
to properly supervise a fire.
(l)
The Township itself and by and through its designated agents
reserves the right to deny or stop burning if weather conditions are
such that said burning is deemed to be dangerous or if said burning
in and of itself is deemed to be a threat to the general health, safety
and welfare of the Township and/or its citizens.
A.
In Agricultural (A), Rural Residential (R1A) and Special Conservation
(SC) Zoning Districts, an open burning permit may be obtained by filing
an application with the Township. Permits are issued by the Township
Manager and/or Zoning Officer. Permits are valid for one year and
are issued on a calendar year basis. The annual fee for a burning
permit in these districts is $25. Payment of the fee must be included
with the completed burning permit application. Fees are subject to
change by review and recommendation of the Township Board of Supervisors.
B.
The permit holder shall notify the Township of each planned open
burning activity in advance of the activity. Once the Township, through
its designated agents, inspects and approves the planned burning activity,
burning may commence according to the plan.
A.
In all zoning districts, recreational campfires and the outdoor burning
solely for the purpose of outdoor cooking, barbecuing, or ceremonies
and the use of patio burning units are allowed without a permit so
long as through use of a fire pit, stone perimeter, or other noncombustible
containment device.
B.
If wood is used for burning, only clean wood may be used.
C.
The activities in this § 191-5 shall be conducted in a safe, nuisance-free manner and shall be subject to the conditions set forth in § 191-3B(3)(d), (j), (k), and (l).
D.
Except for barbecue, gas, and charcoal grills, in Single Family Residential (R-1B) and General Residential (R-2) Districts, any burning under this § 191-5 must be contained in a containment device, or patio burning unit ("contained unit"). No other recreational campfires are allowed in Single Family Residential (R-1B) and General Residential (R-2) Districts.
E.
Fire pits, containment devices, or patio burning units must be located
at least 10 feet from the property line and 20 feet from any structure.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$500, and/or to imprisonment for a term not to exceed 60 days.
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.
The Fire Chief, Emergency Management Representative, Zoning
Officer, 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 chapter.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of Robinson
Township that this chapter would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
This chapter, as amended, shall become a part of the Code of
the Township of Robinson.
This chapter shall become effective on August 14, 2017.
