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<br /> 1 <br /> 3. Notwithstanding subsections 1 and 2 of this section and Section 6.330(b) of the <br /> Eugene Cod , 1971, no person shall remove a street tree without first obtaining a permit from the <br /> City Manag r specifically authorizing the removal of a street tree. Permit approval may be <br /> conditioned pon replacement of the street tree with another tree pre-approved by the City, or a <br /> requirement o pay to the City an amount sufficient to fund the planting and establishment by the <br /> City of a tree of similar value. The value of the existing street tree to be removed shall be calculated <br /> using the pl t appraisal method established by the Council of Tree and Landscape Appraisers. <br /> 4. Notwithstanding subsections 1 and 2 of this section and Section 6.330(b) of the <br /> Eugene Cod , 1971, no person shall fell a heritage tree from within the public right-of--way except <br /> where autho ization for its removal has been granted by the City because its removal is necessary <br /> to protect th 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 he City Manager by filing an application as described in R-6.305-D and R-6.305-E. <br /> If the City M ager determines that a tree felling permit would have been granted if the responsible <br /> person had fi ed a complete application prior to felling the tree(s) in question, the City Manager may <br /> issue a perm' 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 /> requi ed under R-6.305-D; <br /> (c) The responsible person has already complied with or agrees to comply with <br /> all co ditions imposed by the permit; and <br /> (d) The City Manager determines that the responsible person's failure to apply <br /> fora ree felling permit prior to felling the tree was not a knowing attempt to evade the <br /> requi ments of EC 6.305 to 6.330 or these rules. <br /> A person wh obtains a permit pursuant to this subsection and complies with all the conditions <br /> therein shall of be subject to a penalty under R-3.605-I, but shall pay an enhanced fee as provided <br /> in R-6.305-G. . A person who applies for a tree felling permit pursuant to this subsection shall have <br /> no right to ap eal 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 f rm developed by the City Manager. The applicant shall provide an application <br /> technical repo ,with supporting material as necessary, which shows how the proposed felling meets <br /> the permit ap royal criteria in Section R-6.305-E. The application shall be accompanied by an <br /> i <br /> Administrati Order - 5 r:\adminord\rule\OOtreeremlao.wpd(O1/28/00) <br /> I <br /> I <br /> <br />