HomeMy WebLinkAboutOrdinance No. 19403ORDINANCE NO. ~ ~ ~ O.~
A SPECIAL ORDINANCE GRANTING AN EXEMPTION TO
THE APPLICATION OF EUG$NE CODE, 1971, SECTION
6.240; AND DECLARIHG AN E1~IERGENCY.
The City Council of the City of Eugene finds as follows:
1. Eugene Code, 1971, Section 6.204 proscribes the practice
of open burning within the City of Eugene with specified exce -
P
tions 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 to attract new businesses, and avoidance of sanc-
tions for noncompliance.
3. The Eugene-Springfield Metropolitan Area General Plan
Metro Plank adopted and acknowledged in 1982, 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 Curtis
common names Bradshaw's lomatium, Willamette Valley daisy, white-
top aster. These species at one time predominated in the Wil-
lamette 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
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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 for scientific purposes and to foster growth. This
burning of these rare plants will restore the area to its his-
torical prairie condition and replecate the indigenious environ-
ment for the rare plants.
6. A limited and special exception to the open burning ban
in Eugene Code ~ 1971 ~ Section 6.24 is necessary f or this pur-
pose. 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 degra-
dation 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
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 far 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 No. 19343 enacted August 12,
1985. Because of problems in weather conditions the limited burn
did not occur. Accordingly, authority is needed for the conduct-
ing of this burn in 1986.
Now, THE~Fo~,
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THE CITY OF EIIGENE DOES ORDAIN AS FOLLOWS:
Section 1. The findings set forth above are adopted.
Section 2. The City shall continue to use its outdoor burn-
ing ordinance as one method for maintaining and improving air
quality of the metropolitan area.
Section 3. An exception to the application of Eugene Code,
~~I I 1 it liill~il~
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 fallowing 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 regime, and fire fighting equipment}
are approved by the Eugene Fire Marshal and Lane
Regional Air Pollution Authority.
c. The burn occur only in one time period of one
or mare days during the period of August 15 through
October 30, 1986.
d. The Nature Conservancy assumes responsibility
for providing all equipment and personnel associated
with the burn and f or 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 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
3~ay of Lr ~ ~" . 1986
Approved by the Mayor this
~~day,~ of ~ __ , 1986
~~~ ~~~
City Recorder
Ordinance _ 3