HomeMy WebLinkAboutOrdinance No. 19343ORDINANCE N0. ~q~4~
A SPECIAL ORDINANCE GRANTING
TO THE AN EXEMPTION
APPLICATION 4F EUGENE CODE 1
SECTION 6.2OD~ 911,
AND DECLARING AN EMERGENCY.
The City Council of the Cit of •
y Eugene finds as follows:
1. Eugene Code, 191 Section •
6,240 proscribes the ractice
p
of open burning wi th i n the C i t of • •
y Eugene with spec7f~ed exce tion
p s
to this ban. This ordinance i
s a component of local measures
designed to assure cam fiance i
p w th federal ambient air ualilt
q y
standards.
2. Maintenance and enhancemen
t of air quality ~s Cr~tTCal
to the health and welfare of me
trapol~tan area residents the
area's ability to attract new busine •
sses, and avoidance of sanctions
for noncompliance.
3, The EugeneawSpringfield Metro
pol~tan Area General Plan
Metro Plank adopted and acknowl •
edged ~n ~98Z, ~dent~f~es the
Willow Creek Basin as a ma 'or row •
J g th area for the C1ty. A portion
of the Basin is denominated "Park ~~
s and open Space. That area
is the habitat of several uni u •
q e and rare species of plants
~Lomatium bradshaii, Eri eron d
g ecumbens var, decumbens, Aster
Curtis ~~ common names Bradshaw's ] •
omat~um, W~ llamette valley
daisy, wh i te~~~top aster These
~ species at one time recta
p m~nated
in the Willamette vane Their
y habitat area ~s quite limited
now. This special habitat area was id •
ent~f~ed ~n the July, I98Z
Willow Creek Special Area Stud
y~
4. Subsequent to these acti
ons and pursuant to their
terms, the Nature Conservanc bec
y ame the managers of this sensitive
1 ~~ Ordinance
habitat area and this area was annexed to the Cit .
y
5. Management of this habitat and preservation of the
rare plant species requires a "species protection" o en burnin
p g
of vegetation for scientific purposes and to foster rowth, This
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burning of these rare plants wi l 1 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 o en burnin
p g
ban in Eugene Code, 191I, Section 6,240 is necessar for
y 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 ollution control
p
strategies that wi l 1 be employed to prevent significant de radat i on
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of air quality, the special recognition given to this area and
habitat in the comprehensive planning documents, the Cit 's
y
direct responsibility under those plans for reservation of the
p
natural resources in this area, and the general public benefit
derived from the preservation of th i s habitat, This 1 invited
exceptian 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,
Nod(, THEREFORE,
THE CITY of EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The findings set forth above are ado ted,
p
Section 2, The City shall continue to use its outdoor
burning ordinance as one method for maintaining and im rovin
P 9
air quality of the metropolitan area,
2 ~.~ Ordinance
Section 3. An exception to the application of Eugene Code,
1971, Section 6, 20o is given to the Nature Conservancy for the
area designated fvr Parks and open Space i n the Wi 11 aw 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
d~rect~on, moisture regime, and fire fighting equipment}
are approved by the Eugene Fire Marsha] and Lane Regional
Air Pollution Authority,
c. The burn occur only in one time period of ane
or more days during the period of August 15 through
October 30, 1985,
d. The Nature Conservancy assumes responsibility
for 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 concerrn
the public welfare and safety and therefore, an emergenc is
y
hereby declared to exist, and this ordinance shall become effective
immediately upon i is passage by the C ity Counci 1 and a royal
pp
by the Mayor,
Passed by the City Council this
12th day of August 1985
~ qty Recorder
approved by the Mayor this
1Zth day of August 1985
or
3 ~~ ordinance