a.

Purpose. In the normal course of the development, or the improvement of land, woody tree waste is generated. In some cases, the woody tree waste can be burned on the site where the clean tree waste was generated; in other situations the clean tree waste must be hauled off-site for disposal. For a variety of reasons, placing tree waste in a municipal or construction and demolition landfill is undesirable. The Construction Burn Site, General ("CBS, General") district is a special purpose district that allows for the controlled burning of clean tree waste on a property other than a landfill or the site that generated the clean tree waste.

b.

Permitted Uses. Clean tree waste as described in Sec. II-B.3.k is permitted to be disposed by use of air curtain technology or a similar technology designed to promote a clean burn by minimizing smoke, soot and particulates, subject to the conditions listed below, on a site other than the property that generated the waste.

c.

Initiation. A Construction Burn Site, General is permitted in the RR Rural Residential, SF-20 Single-family Residential, LI Limited Industrial and GI General Industrial districts only after review and approval of a Conditional Use permit as detailed in Sec. V. D. of this code.

d.

Property Development Standards

(1)

Required permits and site plan: Prior to filing for a Conditional Use permit the applicant shall first obtain a burn permit from the appropriate fire department. When filing for the burn permit, the applicant is to present for review and approval a site plan that, at a minimum, indicates: the address, legal description or the name of the construction project of the property where the burn is to occur; size of the site; property boundaries and dimensions; the location of any improvements (structures, driveways, parking, fuel storage, utilities, parking, etc.), if any, including buried utilities or pipelines; the location of tree or shrub rows or any other flammable material on the site; and the location where the burn is to occur on the site. Prior to burning, the applicant shall "flag" all underground utilities. The applicant shall also provide the address, legal description or the name of the construction project of the property that is generating the tree waste, and the name of the company, firm or individuals hauling the tree waste. In addition to the burn permit and Conditional Use approval, the applicant is responsible to obtain all other applicable permits, and conduct the burn in conformance with all applicable laws, regulations, ordinances, resolutions and codes, whether federal, state or local. The burn is to be attended by at least one person until completely extinguished. When the burn is completed, the applicant is to notify the appropriate fire department that the burn is completed.

(2)

Type of burn: No open fires are permitted. Only fires utilizing air curtain technology or a similar approved technology designed to minimize smoke and particulates is permitted.

(3)

Minimum setbacks: The burn area shall be setback a minimum of 300 feet from property lines, structures, power lines, public roadways, fuel storage areas, pipelines or other fuel sources.

(4)

Time limits: The applicant shall complete all approved burns within 30 days. In the event that a burn ban is issued after the issuance of a construction site burn permit, but before the burn can be completed, the time limit to complete the burn shall be extended by the same number of calendar days that the burn ban was in effect, but not to exceed 30 days following the expiration of the burn ban.

(5)

Frequency of burns: The number of, and interval between, Construction Burn, Limited, burns shall be established by the appropriate fire department as part of the burn permit review and approval; however as a condition of the Conditional Use permit, but only after the MAPC has received a recommendation from the appropriate fire department.

(6)

Burn location: The actual location of the burn shall be determined in consultation with representatives from the appropriate fire department, and the location of the burn shall be marked by a stake. In general, the burn area is to be located in a manner to minimize the likelihood that the burn could spread or ignite material or structures not intended to burn, and to minimize recognizable negative impacts on Adjacent property, such as noise, smoke, soot, particulates or excessive truck traffic.

(7)

Access: Access to the site shall be controlled to prevent unauthorized dumping or the placement of unauthorized materials on the site. The applicant is responsible to see that the material burned is only approved material, and the opportunity for unauthorized burning is minimized.

(8)

Disposal of ash: The ash created by the burn may only be disposed of in the following manner: buried in the burn pit; if the ash is removed from the burn pit, the ash is to be wetted and removed as a slurry-like substance and taken to an approved C&D land fill; or applied to the land as a soil amendment.