HomeMy WebLinkAboutOrdinance No. 19927
CITY OF EUGENE
INTER-DEPARTMENTAL MEMORANDUM
CITY ATTORNEY -CIVIL DEPARTMENT
To: Mayor and Councilors Date: July 12,1993
Subject: Council Bill 457; Ordinance 19927
According to Section 31 of the City Charter, when a bill that has been approved by
the Council is vetoed by the Mayor, the ordinance shah "be put upon adoption again." If
two-thirds of all members of the Council vote in favor of the ordinance, it takes effect.
under the Charter, the proper motion by which to consider whether to override the
Mayor's veto is a motion to approve the bill. I recommend the fallowing form of motion:
Cv ~ moved, second by that the bill be
approved and given final passage. Roll call vote.
wFCr:smd
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HARRANG LONG 'WATKINSGN
LAIRD ~ RUB~~~'1TEIN, P.C, • CI'I~Y A'TTGRNEYS
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'William F. Gary
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ORDINANCE N0. 19921
AN ORDINANCE CONCERNING TREE FEIIING; AMENDING SECTIONS
fi.30o, fi.3o5, fi.310, fi.32o, fi.325 AND G.330 OF THE
EUGENE CODE, 1911; REPEALING SECTION fi.315 OF THAT CODE;
AND DECLARING AN EMERGENCY. Effective July 12, 1993.
THE CITY Of EUGENE DOES ORDAIN AS FOLLOWS:
ecti,Q, tom, Sections fi.300, 6.305, fi.310, fi.320, fi.325 and fi.330 of the
Eugene Code, 1911, are amended, and Section fi.315 of that Code i s repealed, to
provide:
Tyr ,_e Pre_s erv,at on
6.300 Definitions. As used in section fi.305 to fi.330 of this code, the
following definitions apply:
~,. To remove or sever a tree or the i ntenti anal use of any
procedure the natural result of which i s to cause the death or
substantial destruction of the tree. fell does not in any context
include normal trimming., pruning, or topping of trees.
logg„.,non. A document describing the equipment to be used
on site, the access roads, grading, skid paths and any other
environmental change that wi 11 be affected to permit i oggi ng, as
well as m~tigat~on efforts designed to protect from the negative
effects of the i ogg i ng process all wetlands, riparian zones,
habitat, neighboring residences, and such other areas as the city
manager or designee determines is appropriate.
Occupied pa,,rcel . Real property within the boundaries of an ad
vat orem tax 1 of description as found i n the Lane County, Oregon, ad
vai orem tax records with one or more dwel 1 i ngs thereon, or a parcei
which has been approved for a dwel i i ng.
Parcei . Real property within the boundaries of an ad vai orem
tax i of description as found i n the lane County, Oregon, ad vai orem
tax records.
Tree. A i i vi ng, standing, woody plant havi ng a trunk 25
inches i n circumference ~ or approximately eight inches i n diameter}
at a point 4-1/2 feet above mean ground ievel at the base of the
trunk.
Plot 1 an . F i na1 subdivision plat, f i na1 PUD p1 an, or f i nai
major or minor partition, encompassing an entire contiguous
ownership.
6.305 Tree Fe11 i ng Pro~h i bi t~ on,
~1~ Except as provided in section fi.330, no erson ma fe~i more
P Y
Ordinance - 1
than five trees wi thi n a peri ad of 12 cansecuti ve months from a parcel of private
property consisting of 24, 440 or more square feet of area without a permi t.
~ 2} Except as provided i n secti an fi.334, na person may fell one or
more trees from a parcel of private property cans i sti ng of 1 ess than 20, 000
square feet of area without a permit.
6.314 ree Fe i n Permit .
~1} A person shall apply to the city manager or designee for a tree
fel 1 i ng permit, on an application form developed by the city manager or designee.
42} The application sha11 be accompanied by an application fee in
an amount established by the city manager pursuant to section 2. D20 of this code.
~3 } The appl i cati an also shat l be accompanied by a 1 agg i ng plan i f
the applicant proposes to fell more than ten trees,
~4} if the applicant proposes to fell ten or less trees, then the
city manager or designee shat l act on the permit within ten business days of
rece i v i ng a compl eted application. The city manager or designee may extend the
response time to up to 34 days if he/she determines that public notice of the
application should be given and pub1 i c comment taken pursuant to subsection ~ fi}
of this section, because substantial impacts an neighboring properties or on
other natural values are anticipated.
~5} If the applicant proposes to fell more than ten trees, then the
city manager or designee shall act on the permit within 30 days of receiving a
campl eted application, but only of ter g i v i ng public notice of the application and
an opportunity to provide comments as provided in subsection ~6} of this section.
~6} Where public notice and a comment period i s required before
acting an an application, the city manager or designee shall identify abutting
properties and others which are partly or wholly within 244 feet of the sito on
which the trees are to be felled. written notice of the application shat 1 be
mailed by the city manager ar designee to the owners and occupants of the
identified properties, as well as to persons who have requested such notice. The
notice shall provide that persons may submit written comments on the application
as directed i n the notice, f or a peri od of 15 days from the date of the notice.
fi.324 Criteria for Permit Issuance.
~ 1 } The city manager or designee shat l approve, approve with
cond i t i ans, or deny a permi t app] i cat i on based on cans i derat i on of the following
criteria:
~a} The candi ti on of the trees with respect to disease,
hazardous or unsafe conditions, danger of falling, proximity to
existing structures or proposed construction, or interference with
utility services or pedestrian or vehicular traffic safety;
~ b} The topography of the land and the effect of f el 1 i ng on
erosion, soi 1 retent i an, stability of earth, flow and character of
surf ace waters and streams, protect i an of nearby trees and
windbreaks;
~c} The effect the trees' removal has on the environmental
quality of the area, including scenic and wildlife habitat values f
~d} The necessity to remove trees in order to construct
proposed i mpravements, or to otherwise uti 1 i ze the applicant's
property i n a manner consistent with its zoning., this code, the
Ordinance - 2
Metro Plan, and other apps i cabl a adopted plans;
fie} Fire safety considerations where, in the opinion of the
fire marshal , removal i s necessary to protect existing or proposed
structures;
~ f } The adequacy of the applicant's proposals, i f a.ny, to
plant new trees or native vegetation to mitigate the environmental
effects of removal of the trees to be felled; and
fig} That the the felling would be compatible with generally
accepted principles of horticulture, s i 1 vacul ture, ecology, or
landscape architecture;
~h} The compatibility of the felling with guidelines adopted
by the Dregon Department of Forestry.
~ 2 } I n the event a pl of pl. an for f ul 1 development of the site has
not been approved by the city, fei 1 i ng of trees shall be permitted only on a
1 i mi ted basis consistent with the preservation of the site's future development
potential and preservation of important natural values as prescribed in the Metro
P1 an and this code, and cans i stent with the foi i owl ng criteria:
~a} Wooded areas associated with natural drainageways and
water areas shat 1 be retained to preserve riparian habitat and to
...
m~n~m~ze erosion;
fib} Wooded areas that will likely provide an attractive on-
s i to amenity to occupants of future developments shall be retained;
~c} Wooded areas along ri dgel i nes and hi 11 tops shall be
retained for their scenic and wi 1 dl i fe habitat values;
~d} Wooded areas al ang property lines shall be retained to
provide buffers from adjacent properties;
fie} Trees shall be retained in sufficiently large areas and
dense stands so as to ensure against wi ndthraw;
~ f } Clear cuts of Bevel apabl a areas shall be avoided so as
to retai n a wooded character of future bui 1 di ng sites, and preserve
housing and design options for future city residents.
~3} The city manager or designee may attach conditions to the
approval of a permi t to ensure the replacement of trees, 1 andscape or otherwise
reduce the effects of the felling, and may require the posting of a bond to
ensure that ail conditions are met.
6.325 ,pea ,. Any persan who i s den i ed a permi t, ar i s granted a permi t
with conditions, may appeal the denial or imposition of conditions,
by f i 1 i ng a wri tten notice of appeal with the city manager or designee within 15
days of the date of denial or the date of issuance of the permit with conditions
imposed . I n addition, any persan who provided comments on an application
pursuant to section 6.310 ~6} , and who i s di ssati sf i ed with the action of the city
manager ar designee i n granti ng a permi t, whether with or without cvnd i ti ons,
al sa may appeal by following the same procedures. The appeal shat i be governed
by section 2,021 of this code. The appeal must include the specific basis or
bases upon which the appel 1 ant asserts that the decision was i n error.
6.33o Trees Fel l i n - Exce t i ans. The requirements and restrictions of
sections 6,.345 to 6.314 of this code or rules adopted thereunder d~
not apply to:
ordinance - 3
~a~ The action of any city officer or employe or of any
public uti 1 i ty necessary to remove ar alleviate an immediate danger
to life or property; to restore uti 1 i ty service; or to reopen a
public thoroughfare to traffic;
~b~ An occupied parcel of private property consisting of
less than 20,000 square feet of area;
~c} Felling of trees that are nuisances under section 6.010
of this code;
~d~ Felling of trees that are i n violation of section 1. fi44
of this code;
~e~ Any felling necessary to install or mai ntai n
improvements such as streets and sewers within publicly owned and
accepted rights-of -way or utility easements;
~ f ~ That portion of a PUD and/or PUD subdivision development
for which final approval has been obtained.
ecti on The City Recorder, at the request of, or with the concurrence
of the City Attorney, is authorized to administratively correct any reference
errors contained herein or i n other provisions of the Eugene Code, 1911, to the
provisions added, amended or repealed herein .
Section 3. That the matters contained herein concern the public health,
welfare and safety and therefore, an emergency i s hereby declared to exist, and
this ordinance shall become effective immediately upon its passage by the City
Council and approval by the Mayor, retention by the Mayor for more than ten days,
or readoption over a Mayoral veto by two thirds of ail members of the City
Council .
Passed by the City Counc i ] th i s
30th day of June, 1993
i
.~
.ee City Recorder
/~
Approved by the Mayor th i s
30th day of June, 1993
Mayor
Passed over Mayor's veto July 12, 1983,
Ordinance - 4