HomeMy WebLinkAboutOrdinance No. 19634ORDINANCE NO. I 1 ~03~
A SPECIAL ORDINANCE
To THE APPLICATION
SECTION fi.200;
EMERGENCY.
GRANTING AN EXEMPTION
of EUGENE CODE, 1971,
AND DECLARING AN
The City Counoil of the City of Eugene finds as follows:
1, Eugene Code, 1971, Section 6.200 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.
2. Maintenance and enhancement of air quality is
critical to the health and welfare of metropolitan area
residents, the area's ability tv attract new businesses, and
avoidance of sanctions for noncompliance.
3. The Eugene-Springfield Metropolitan Area General
Plan Metro Plan} adopted and acknowledged in 1952,
identifies the Willow Creek Basin as a major growth area for
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
decumbens var. decumbens, 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, 1952
Willow Creek Special Area Study.
4. Subsequent to these actions and pursuant tv 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 a "species protection" open
burning of vegetation far scientific purposes and to foster
growth. This burning of these rare plants will restore the
area to its historical prairie condition and replecate the
indigenious environment for the rare plants.
G. 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 costs
and limited practicability of alternative vegetation control
methods, the limited nature of the expected burn, 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
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comprehensive planning documents, the City's direct
responsibility under those plans for preservation of the
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
for future exceptions or signal any relaxation of the City's
commitment to preservation of air quality.
7. Such an exception to the open burning ban was
granted by the City Council in Eugene ordinance Nv. 19443
enacted August 13, 1986 and in Eugene ordinance No. 19493
enacted July 27, 1987. An exception is again necessary to
insure the continued proper management of this natural
resource area.
N4W, THEREFaRE ~
THE CITY of EUGENE DOES oRDAIN AS F4LL4WS:
Section 1. The findings set forth above are adopted.
Section 2. The City shall continue to use its outdoor
burning ordinance as one method far maintaining and improving
alr 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
for the area designated for Parks and open Space in the
Willow Creek Basin by the Metro Plan, providing the following
conditions are met:
a. The burn area is no greater than thirty
acres.
b. Environmental protection and fire
suppression strategies, personnel and equipment
including wind direction, moisture regimen and
fire fighting equipments are approved by the Eugene
Fire Marshal and Lane Regional Air Pollution
Authority.
c. The burn occur only in the time period
between the date this Ordinance is adopted by the
Council and approved by the Mayor and October 31,
1989.
d. The Nature Conservancy assumes
responsibility f or providing all equipment and
personnel associated with the burn and for
complying with all applicable federal, state and
local laws.
Section 4. That the matters contained herein concern
the public welfare and safety and therefore, an emergency is
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hereby declared to exist, and this Ordinance shall become
effective immediately upon its passage by the City Council
and approval by the Mayor.
Passed by the City Council this
-rt
~~' day of September, 1989
~_ ~,/~
Cit Recorder
Approved by the Mayor this
~~ ~ day of September, 1989
/G~~
Mayor
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