HomeMy WebLinkAboutOrdinance No. 19715ORDINANCE NO. ,,~ 7 / ,S'-
A SPECIAL ORDINANCE GRANTING AN EXEMPTION
To THE APPLICATION OF EUGENE CODE, 1971,
SECTION 6.40; AND DECLARING AN EMERGENCY.
The City Council of the City of Eugene finds as follows:
1. Eugene Code, 1971, Section 6.240 proscribes the
practice of open burning within the City of Eugene with
specified exceptions to this ban. This ordinance is a
component of local measures designed to assure compliance with
federal ambient air qualilty standards.
Z. Maintenance and enhancement of air quality is
critical to the health and welfare of metropolitan area
residents, the area's ability to attract new businesses, and
avoidance of sanctions for noncompliance.
3. The Eugene-Springfield Metropolitan Area General
Plan Metro Plank adopted and acknowledged in 1982, identifies
the Willaw Creek Basin as a major growth area far the City.
A portion of the Basin is denominated "Parks and Open Space."
That area is the habitat of several unique and rare species of
plants ~Lomatium bradshaii, Erigeron documbens var. decumbets,
Aster curbs -- common names Bradshaw's lomatium, Willamette .
Valley daisy, white-top aster. These species at one time
predominated in the Willamette Valley. Their habitat area is
quite limited now. This special habitat area was identified
in the July, 1982 Willow Creek Special Area Study.
4, Subsequent to these actions and pursuant to their
terms, the Nature Conservancy became the managers of this
sensitive habitat area and this area was annexed to the City.
5. Management of this habitat and preservation of the
rare plant species requires periodic "species protection" open
burning of vegetation for scientific purposes and to foster
growth. This burning of these rare plants will restore the
area to its historical prairie condition and replicate the
indigenious environment for the rare plants.
6. A limited and special exception to the open burning
ban in Eugene Code, 1971, Section 6.200 is necessary for this
purpose. This limited exception is based upon the high casts
and limited practicability of alternative vegetation control
methods, the limited nature of the expected burns, air
pollution control strategies that will be employed to prevent
significant degradation of air quality, the special
recognition given to this area and habitat in the
comprehensive planning documents, the City's direct
responsibility under those plans for preservation of the
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natural resources in this area, and the general public benefit
derived from the preservation of this habitat. This limited
exception is unique and should not serve as precedent fvr
future exceptions or signal any relaxation of the City's
commitment to preservation of alr quality.
7. An exception to the open burning ban was granted by
the City Council in Eugene Ordinance No. 1943 enacted August
13, 1956, Eugene Ordinance No. 19493 enacted July 27, 1987,
and Eugene Ordinance 19634 enacted September 11, 1989. An
exception is again necessary to ensure the continued proper
management of this natural resource area.
NOW, THEREFORE
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
SeCtian 1. The findings set forth above are adopted.
section 2. The City shall continue to use its outdoor
burning ordinance as one method for maintaining and improving
air quality of the metropolitan area.
section 3. , An exception to the application of Eugene
Code, 1971, Section 6.200 is given to the Nature Conservancy
to conduct periodic ('species protection" open burning of
vegetation for scientific purposes and to foster growth in the
area designated for Parks and open Space in the G~illow Creek
Basin by the Metro Plan, providing the following conditions
are met:
a. Prior to commencement of any burn, the
Nature Conservancy shall give notice to the Eugene
Fire Marshal and the Lane Regional Air Pollution
Authority and shall obtain the approval of those
agencies to conduct the burn in the time, place and
manner proposed.
b. The burn area shall be no greater than
thirty acres.
c. Environmental
suppression strategies,
including wind direction,
fighting equipment} shall
the Eugene Fire Marshal
Pollution Authority. The
comply with all conditions
protection and fire
personnel and equipment
moisture regime, and fire
be approved in advance by
and Lane Regional Air
Nature Conservancy shall
imposed by those agencies.
d. Burns shall occur periodically only in the
time period between the date this ordinance is
adapted by the Council and approved by the Mayor and
October 31, 1995.
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e, The Nature Conservancy assumes
responsibility for providing all equipment and
personnel associated with the burn and far complying
with all applicable federal, state and local laws.
Seotio~ 4. That the matters contained herein concern the
public welfare and safety and therefore, an emergency is 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 over ten days, or
readoption over a mayoral veto by two thirds of all members of
the Council.
Passed by the City Cauncil this Approved by the Mayar this
12th day of September, 1990
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City corder
1~th day of September, 1990
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