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Open Waterways Stormwater
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Open Waterways Stormwater
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7/9/2014 4:10:40 PM
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Parks and Open Space
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• <br /> withholding of future development permits, building permits, or certificates of occupancy. The <br /> Agreement or permit shall be effective on the 16 day after the date the decision is issued, unless <br /> within that time an appeal is filed, or such other date as may be specified in the Agreement or permit, <br /> and shall expire at midnight on the 18 month anniversary of its effective date, or upon adoption of <br /> the Natural Resource Inventory by the City, whichever date is the earliest. <br /> The decision shall advise the applicant of the time and manner in which the decision, or <br /> conditions imposed therein may be appealed as set forth in the following subsection 4. <br /> 4. Appeal. The decision may be appealed within the time and in the manner set forth <br /> in this section by the applicant and by any person who submitted timely written comments on the <br /> application. In addition, any person who is denied an approval, or is granted an approval with <br /> conditions, or is issued a Notice of Violation or a Notice of Imposition of an Administrative Civil <br /> Penalty, may appeal the denial, imposition of conditions, Notice of Violation, or Notice of Imposition <br /> of Administrative Civil Penalty. A written notice of appeal shall be filed with the City Manager within <br /> 15 days of the date of the decision, the date of issuance of the permit with conditions, or date of <br /> issuance of the Notice. The appeal shall be accompanied by the fee established by the City Manager <br /> pursuant to Section 2.020 of the Eugene Code, 1971. <br /> The appeal shall be governed by Section 2.021 of the Eugene Code, 1971, and shall describe <br /> in writing the specific basis or bases upon which the appellant asserts that the decision was in error. <br /> Except as noted below, the decision of the hearings officer is final, and may include a <br /> determination to refund the appeal fee to the appellant if the hearings officer finds the appeal is not <br /> frivolous. <br /> Where an appeal is filed challenging a decision under EC Section 6.660 or under R- 6.650 -E <br /> through R- 6.650 -H of these rules, the Hearings Official shall either: (a) affirm the City Manager's <br /> decision; or (b) to the extent the Hearings Official disagrees with that decision, shall remand the <br /> decision for a new decision. <br /> Notice of the decision of the Hearings Official shall be provided to the appellant and persons <br /> who were provided notice of the City Manager's decision. If the decision is remanded to the City <br /> Manager, copies of the subsequent decision of the City Manager shall be provided to those same <br /> persons. <br /> R 6.6504 Open Waterways - Mitigation Fee Rate Schedule. <br /> 1. Background. There are over 30 miles of open waterways that are located throughout <br /> the City limits and in all major drainage basins that are currently being managed by the City. The <br /> potential for enhancing waterway functions along these waterways is high and could be used to off- <br /> set impacts associated with the open waterways exemptions. The City's capital program includes <br /> Administrative Order - 8 r.\admu,md Mcs O wattemp.wpd(o6 /o8/00) <br />
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