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4. Notwithstanding subsections 1 and 2 of this section and Section 6.330(b) of the <br /> Eugene Code, 1971, no person shall fell a heritage tree from within the public right -of -way except <br /> where authorization for its removal has been granted by the City because its removal is necessary to <br /> protect the public health, safety, or welfare. <br /> 5. If a tree is felled without a permit, the responsible person may still seek a tree felling <br /> permit from the City Manager by filing an application as described in R- 6.305 -D and R- 6.305 -E. If <br /> the City Manager determines that a tree felling permit would have been granted if the responsible <br /> person had filed a complete application prior to felling the tree(s) in question, the City Manager may <br /> issue a permit in the following circumstances and subject to the following conditions: <br /> (a) The application is accompanied by the fee described in R- 6.305 -G.6; <br /> (b) The tree felling was not one for which public notice and comment were <br /> required under R- 6.305 -D; <br /> (c) The responsible person has already complied with or agrees to comply with <br /> all conditions imposed by the permit; and <br /> (d) The City Manager determines that the responsible person's failure to apply for <br /> a tree felling permit prior to felling the tree was not a knowing attempt to evade the <br /> requirements of EC 6.305 to 6.330 or these rules. <br /> A person who obtains a permit pursuant to this subsection and complies with all the conditions <br /> therein shall not be subject to a penalty under R- 3.605 -I, but shall pay an enhanced fee as provided <br /> in R- 6.305 -G.6. A person who applies for a tree felling permit pursuant to this subsection shall have <br /> no right to appeal the denial of such permit or to appeal the conditions of the permit, if granted. <br /> R 6.305 - D APPLICATION PROCEDURE. <br /> 1. Applications for a tree felling permit shall be filed with the City Manager, on an <br /> application form developed by the City Manager. The applicant shall provide an application <br /> technical report, with supporting material as necessary, which shows how the proposed felling meets <br /> the permit approval criteria in Section R- 6.305 -E. The application shall be accompanied by an <br /> application fee in an amount established by the City Manager pursuant to Section 2.020 of the <br /> Eugene Code, 1971. <br /> 2. If the applicant proposes to fell more than ten trees, the application also shall be <br /> accompanied by a logging plan. <br /> 3. If the applicant proposes to fell ten or fewer trees, the City Manager shall act on the <br /> permit within ten business days of receiving a completed application. The response time may be <br /> Administrative Order - 5 r:\adminord \rule \OOtreerem2ao.wpd(03 /1a /00) <br />