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3. Notwithstanding subsections 1 and 2 of this section and Section 6.330(b) of the <br />_, <br />Eugene Code, 1971, no person shall remove a street tree without first obtaining a permit from the <br />City Manager specifically authorizing the removal of a street tree. Permit approval may be <br />conditioned upon replacement of the street tree with another tree pre-approved by the City, or a <br />requirement to 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 plant 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 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 <br />to 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. <br />If 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 <br />for 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 />Administrative Order - 5 r:\adminord\rule\OOtreeremlao.wpd(O1/28100) <br />