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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 akeady 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 />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 maybe <br />extended by the City Manager for up to 30 business days upon a determination that public notice of <br />the application should be given and public comment taken pursuant to subsection 5 of this section, <br />because substantial impacts on neighboring properties or on other natural values are anticipated. <br />4. If the applicant proposes to fell more than ten trees, the City Manager shall act on the <br />AdminlstratlVe Order - 5 r:\adminord\rule\OOtreerem2ao.wpd(03/14/00) <br />