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HomeMy WebLinkAboutAdmin Order 58-18-12-FADMINISTRATIVE ORDER NO. 58-18-12-F of the City Manager of the City of Eugene AMENDMENT OF THE TREE REMOVAL AND STREET TREE PLANTING PROGRAM FEE SCHEDULE AND REPEAL OF ADMINISTRATIVE ORDER NO. 58-04-03-F. The City Manager of the City of Eugene finds that: A. Sections 2.020, 6.310 and 7.280 of the Eugene Code, 1971 (EC), authorize the City Manager to determine and set fees and charges to be imposed by the City for tree felling permit applications and street tree planting costs. Pursuant to that authority, the City maintains a Tree Removal and Street Tree Planting Program Fee Schedule ("the Fee Schedule"). The most recent changes to the Fee Schedule were made on March 18, 2004 by Administrative Order No. 58-04-03-F. B. On August 6, 2018, I issued Administrative Order No. 58-18-12 ordering that notice be given of the opportunity to submit written comments on the proposal to amend the Tree Removal and Street Tree Planting Program Fee Schedule ("the Fee Schedule") to address the need for an exemption to street tree planting requirements for areas in which, due to a city -required bio-swale or stormwater facility, there is a lack of the proper soil volume, size or geographic location to establish a street tree. The proposed revisions were set out in the notice attached as Exhibit A to that Administrative Order. C. Notice of the proposed amendments to the Fee Schedule was given to the Mayor and City Councilors and to persons who have requested notice of such fees and was posted at two locations at City Hall. The notice provided interested persons an opportunity to submit comments on the proposed amendments until the end of the day on August 27, 2018. No comments were submitted within the time or in the manner set forth in the Notice. On the basis of these findings, I order that: 1. The fees set forth in the Tree Removal and Street Tree Planting Program Fee Schedule attached at Exhibit A to this Order are the fees to be charged as of the effective date of this order. 2. Administrative Order No. 58-04-03-F is repealed. Dated and effective this day of �Q., _ , 2018. Jon R. Ruiz City Manager Administrative Order - Page 1 of 1 TREE REMOVAL AND STREET TREE PLANTING PROGRAM FEE SCHEDULE (Effective September 4, 2018) A. TREE REMOVAL FEES: 1. Permit application fee: 1 - 10 trees to be felled, no public notice or comment period required ................ $80.00 1 - 10 trees to be felled, public notice and comment period required ................... $160.00 11 - 50 trees to be felled........................................................................................ $320.00 51 - 100 trees to be felled................................................................................ 101 or more trees to be felled.......................................................................... 2. Modification to approved permit.............................................................. 3. Enhanced permit fee .......................................... First permit issued subsequent to tree felling. 4. Each permit thereafter by same responsible person ......................... $520.00 $520.00 + $1 per tree over 100 trees Same as the initial permit application fee. Double the above applicable permit fee. Ten times the above applicable permit fee. 5. Replacement fee: The fee for replacement of a street tree or other public tree shall be calculated using the plant appraisal method established by the Council of Tree & Landscape Appraisers (if the tree is illegally felled, this fee is in addition to any other fees or fines that may be imposed). Minimum replacement fee shall be the current cost to plant and establish a 2 -inch caliper tree for three years with initial structural pruning at the end of the establishment period. 6. City -identified tree removal permit fee: ...................................................... None No permit fee is required for a private party's removal of a street tree that, because it is in poor health or presents a potential hazard, has been identified by the City as a tree that needs to be removed. 7. Appeal fee (under R-6.3054)........................................................................ $500.00 Tree Removal and Street Tree Planting Program Fee Schedule - Page 1 of 3 Exhibit A to Administrative Order No. 58-18-12-F B. STREET TREE PLANTING PROGRAM FEES: 1. Application processing and review: Processing Street Tree Plan application and reviewing Street Tree Plan ............. $300.00 + 0.01/ft* Modification to an approved street tree plan 2. Developer planting option: Development of street tree plan agreement... Tree establishment: ................................................. Same as the initial fee $200.00 Annual maintenance inspections over three-year establishment period (per year) $0.25/ft* Final establishment inspection.............................................................................. $0.25/ft* In addition to the above fees, a security bond or cash deposit sufficient to ensure performance under the approved Street Tree Plan shall be provided to the City as follows: Tree establishment bond....................................................................................... $7.12/ft.* Trees which fail during the establishment period and are replaced will extend the establishment period an additional three years from the date of the replanting for those trees. The developer may either request the release of the security bond or cash deposit once all trees on the development have completed their establishment period, or annually request the release of the security bond or cash deposit for the linear footage of right of way in which the trees have completed their establishment period. 3. City planting option: Development of a street tree plan agreement ................................................... Tree establishment: In addition to the above fee, Developer shall pay the City a one-time fee equal to the estimated total cost to the City for the purchase, installation, and establishment of the street trees planted by the City in accordance with R-7.280 and the approved Street Tree Plan. This fee does not equal a "per tree" cost nor represent a specific number of trees that the City will plant. The total cost to the Tree Removal and Street Tree Planting Program Fee Schedule - Page 2 of 3 Exhibit A to Administrative Order No. 58-18-12-F $100.00 City for purchasing, installing, and establishing the trees in accordance with the Developer's Street Tree Plan shall be calculated as follows ................................. $7.12/ft.* Developer is not entitled to a refund of any portion of this one-time fee, nor is Developer required to pay any amount in addition to this one-time fee, based on the number of trees actually planted by the City. The City will track lot development, negotiate species with new home owners, plant the new trees, and ensure they become established. The City will be responsible for replacement of any trees that fail to survive the establishment period. For purposes of this fee schedule, the term "development site" means a tract of land under common ownership or control, either undivided or consisting of two or more contiguous lots of record. Property under common ownership that is bisected by a public street or alley shall be considered one development site, unless the land was legally divided. *Footage is the total footage of the development site that abuts street right of way except footage exempted pursuant to R -7.280-D 1. or E 6.11. Tree Removal and Street Tree Planting Program Fee Schedule - Page 3 of 3 Exhibit A to Administrative Order No. 58-18-12-F