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City of Salem, OR
Intergovernmental Agreement regarding the urban growth boundary and management of the urbanized area

An Agreement made and entered into on September 11, 1991 by and between the City of Salem, a municipal corporation hereinafter called 'City', and Polk County, a municipal subdivision of the State of Oregon, hereinafter called 'County'.

WHEREAS, IT APPEARING to City and County that ORS Chapter 197 and the Land Conservation and Development Commission (LCDC) Goal No. 14 on Urbanization requires that an urban growth boundary be established around each incorporated city in the State of Oregon, and that the "establishment and change of the boundary and the comprehensive plan shall be a cooperative process between a City and County or counties that surround it'; and

WHEREAS, pursuant to the above noted statutory duty and Statewide Goal No. 14, and the authority granted by ORS Chapter 190 concerning intergovernmental agreements, City and County have, pursuant to law, initially decided upon a comprehensive plan, urban growth boundary, urbanization policies, and revision procedure for the area surrounding the City of Salem and desire to link a continuing planning process to capital improvement programs, operating budgets, subdivision and land use regulation within such area; and

WHEREAS, the intent of the urban growth program for the City is as follows:

1. Promote the orderly and efficient conversion of vacant land from agriculture and other uses to urban uses within the urban growth boundary in order to conserve and protect environmental, energy, economic and social resources;

2. Assure the protection of lands outside the urban growth boundary;

3. Promote the retention of lands in agricultural production within the urban growth boundary until needed for urbanization:

4. To prepare for the orderly provision of public facilities and services to accommodate and serve as a guide for urban development on those lands within the urban growth boundary and outside of the city limits;

5. To contain urban development within a planned urban area where basic services such as sewer and water facilities, police, and fire protection can be efficiently and economically provided; and

6. To make economical use of local tax dollars in locating facilities and providing services for the benefit of all citizens within the urban growth area; since urban services are interrelated coordination is best achieved by a single government unit, the City of Salem in this urban growth boundary.

NOW, THEREFORE City and County adopt the hereinafter noted urban growth boundary, urbanization policies, and revision policies which shall serve as the basis for decisions pertaining to development and land uses in the area between the city limits of Salem and the applicable urban growth boundary, such are being referred to hereinafter as the urbanizable area. It is the intent of the parties that the boundary and policies as expressed herein shall be consistent with Oregon State law, the Polk County Comprehensive Plan, and the Salem Area Comprehensive Plan.

1. Future urban development shall be contained within the geographical limits of the Salem Urban Growth Boundary as agreed upon and identified by the City and County.

2. The County and the City hereby adopt by reference, the findings of fact contained within the Salem Area Comprehensive Plan used to justify the Urban Growth Boundary line. Should the findings of fact change and necessitate a change in the Urban Growth Boundary line, both the City and the County will follow the adopted amendment procedures.

3. The Urban Growth Boundary shall be reviewed periodically according to the review schedule in the Salem Area Comprehensive Plan.

4. The City and County shall encourage the development within existing urban areas before conversion of urbanizable areas to urban uses.

5. The type and form of development within urbanizable areas is to be guided by the Salem Area Comprehensive Plan and growth management plans. The City and the County will encourage the development of land within the urbanizable area in accordance with the designated use for such land.

6. Polk County will retain responsibility for land use decisions and actions affecting the urbanizable area until such time as annexation to the City occurs. The urbanizable area has been identified by the City and the County and is considered to be available over a period of time for urban expansion.

7. County zoning and planning will reflect and support the intent of the Salem Area Comprehensive Plan for the urbanizable area in order to protect that area from random development actions.

8. The County will work to ensure that its comprehensive plan and subsequent amendments are consistent with the Salem Area Comprehensive Plan.

9. All land use actions which fall within the urbanizable area of the Urban Growth Boundary shall be consistent with the Salem Area Comprehensive Plan.

10. The City of Salem and Polk County will refrain from the development, creation, or extension of sewer or water service to those areas lying within the Urban Growth Boundary but outside the incorporated limits of the City of Salem until such time that such areas are first annexed to the City of Salem, except where these services are already being provided or where the City has a legal commitment to provide such services, and only H such services can be provided in the amount or level required by such action. Residential development to be located within the unincorporated urban growth boundary will be governed by Attachment A for the provision of sewer service.

11. Polk County will not create any special districts for the provision of utilities, recreation or other public facilities or service unless:
    a. such district encompasses all of the area within the Urban Growth Boundary, and have been approved by both parties; or

    b. such districts

    1) are approved by both parties,
    2) recognize the City as the ultimate provider or urban services,
    3) are created with adequate safeguards so that they can be phased in to the city,
    4) are to be managed by the County as a county service district, and
    5) are consistent with the City of Salem's Growth Management Program as adopted by both parties.

12. This agreement may be amended at any time by concurrence of both parties after each party has conducted a public hearing

13. This agreement may be terminated by either party provided that the following procedure is used:
    a. A public hearing shall be called by the party considering termination. That party shall give the other party notice of hearing at least 45 days prior to the scheduled hearing date. This 45-day period shall be used by both parties to see resolution of any differences.

    b. Public notice at the hearing shall be in accordance with applicable state and local statutes and goals.

    c. An established date for termination of the agreement shall be at least 180 days after the public hearing in order to provide ample time for resolution of differences and reconsideration of the decision.

IN WITNESS WHEREOF, the respective panics hereto have caused this Agreement to be signed in their behalf the day and year first above written.

POLK COUNTY BOARD OF COMMISSIONERS

_______________________________
Chairman

______________________________
Commissioner

CITY OF SALEM

______________________________ Mayor

ATTEST: City Recorder

Attachment A: City of Salem/Polk County, Residential Development on Septic Tanks in Polk County

ATTACHMENT A
CITY OF SALEM/POLK COUNTY POLICY RESIDENTIAL DEVELOPMENT ON SEPTIC TANKS IN POLK COUNTY

1. No septic tanks will be permitted for non-residential purposes within the Salem urban growth boundary (UGB) in Polk County.

2. Prior to any development on septic tanks in the Polk County portion of the Salem UGB the property owner/developer shall prove water availability.

3. Subdivision of property for residential purposes within the Polk County portion of the Salem UGB and outside the Salem city limits shall not be permitted.

4. For the purpose of this agreement a lot of record shall only be a lot or parcel for which the date of recordation is on or prior to June 30, 1991. A parcel created for the purpose of taxation or mortgage shall not be considered a lot of record.

5. The Chatnika Heights Subdivision is an area with sewer service available through a contract with the City of Salem. Development on septic tanks is not permitted within this subdivision.

6. COMMITTED AREAS - IDENTIFICATION: Certain areas are committed to residential development on septic tanks as a result of their previously existing subdivision or parcelization; requirements for development in these committed areas are cited in paragraph 8. These areas are generally described as follows and specifically delineated on the attached maps:
   a. Emerald Drive area: Those lots which have frontage on and take their access to Emerald Drive NW; those lots which abut the city limes are subject to the requirements cited in Paragraph 7. (Attached Map A).

   b. Landaggard Heights Subdivision: Those lots which are a pan of the Landaggard Heights Subdivision (Attached Map B).

   c. Broadview Terrace area: The area north of Orchard Heights Road to the urban growth boundary and west of the west line of the Bonneville Power Administration (BPA) power line right of way (Attached Maps C and D).

   d. Jacqueline Heights area: Area between Orchard Heights Road and Orchard Heights Place (Attached Map E).

   e. 37th Avenue area: The area south of Orchard Heights Road to the Salem urban growth boundary and from the east property line of those properties fronting on 37th Avenue west to the urban growth boundary; those lots which abut the city limits are subject to the requirements cited in paragraph 7 (Attached Map F).

   f. Ponderosa Park Subdivision: Those lots which are a pan of the Ponderosa Park Subdivision; those lots which abut the city limits are subject to the requirements cited in paragraph 7 (Attached Map G).

   g. Eola Hills Subdivision area: The area west of Doaks Ferry Road to the urban growth boundary and south of the of the City limits to the urban growth boundary, those lots which abut the city limits are subject to the requirements cited in paragraph 7 (Attached Maps H, I, and J).

7. CONTIGUOUS PROPERTY: When a property is contiguous with the Salem city limits, the following conditions for approving a septic tank for a residential building shall apply:
   a. The property shall annex to the City of Salem.
   b. The property shall be lot of record.
   c. Any property in excess of two acres in area shall be "pre-platted", in accordance with the provisions cited in paragraph 11.
   d. Provided that items a, b, and c and all other development requirements of the City of Salem are met, septic tank permit for a residential building may be permitted:

   i. when the property is located more than 300 feet from an available sewer line, and

   ii. after the requirements cited in paragraph 10 are met.

8. COMMITTED AREAS: In the committed areas, cited in paragraph 6, the following conditions for residential development with septic tanks shall apply:
   a. The property shall be lot of record.

   Building Permit Only:

   b. Provided that item a and all other development requirements of the jurisdiction issuing the building permit are met, a septic tank permit may be issued for a residential building after the requirement of paragraph 10 are met.

   Partitioning:

   c. Provided that item a and all other development requirements of the jurisdiction issuing the building permit are met, a partition may be permitted after the requirements of paragraph 11 are met.

9. NON-CONTIGUOUS, NOT COMMITTED PROPERTIES: When the property is neither contiguous with the Salem city limits (paragraph 7), nor in a committed area (paragraph 8); the following conditions for residential development with septic tanks shall apply:
   a. The property shall be a lot of record.

   Building Permit Only:

   b. Provided that item a and all other development requirements of the jurisdiction issuing the building permit are met, a septic tank permit may be issued for a residential building after the requirements of paragraph 10 are met.

   Partitioning:

   c. Provided that item a and all other development requirements of the jurisdiction issuing the building permit are met, a partition of a lot of record may be permitted:

   i. when the resultant lots are not less than five acres in net area; no variances to reduce the lot area shall be given, and

   ii. after the requirements of paragraph 11 are met.

10. BUILDING PERMIT ONLY: When septic tank approval is requested for a residential building and no partitioning of the property is requested, then the following requirements shall be met:
    a. The property shall be a lot of record.

    b. Street rights-of-way for abutting arterial or collector streets shall be dedicated to the public to the width required either in the Salem Transportation Plan or by the code requirements of the city of Salem.

    c. The centerline for future arterial and collector streets shall be identified; an easement to the jurisdiction issuing the building permit precluding buildings within the eventual right of-way of the future street, plus a twenty foot setback on each side of the right-of-way shall be created along the identified centerline.

    d. Easements to the jurisdiction issuing the building permit of not less than ten feet in width and precluding buildings may be required for the future location of public utilities.

    e. All easements shall be a recorded instrument.

    f. A non-remonstrance agreement to the City of Salem for water and sewer improvements shall be required.

    g. An agreement to annex to the City of Salem shall be signed.

11. PARTITIONING AND PRE-PLATTING: Where land is partitioned for residential uses, "pre-platting," of lots shall be approved by Polk County and the City of Salem and shall meet the following conditions
    a. Meet the development requirements of the jurisdiction issuing the building permit,
    b. The "pre-plat" shall be a recorded instrument,
    c. Street rights-of-way for abutting and internal streets shall be dedicated to the public to the width required either in the Salem Transportation Plan or by the code requirements of the city of Salem.
    d. The centerline for future arterial and collector streets shall be identified; an easement, to the jurisdiction issuing the building permit, precluding buildings within the eventual right of-way of the future street, plus a twenty foot setback on each side of the right-of-way shall be created along the identified centerline.
    e. Easements to the jurisdiction issuing the building permit of not less than ten feet in width and precluding buildings may be required for the future location of public utilities.
    f. All easements shall be a recorded instrument.
    g. A non-remonstrance agreement to the city of Salem for water and sewer improvements shall be required.
    h. An agreement to annex to the city of Salem shall be signed.