The intent and purpose of this chapter is to establish procedures relating to the annexation of territory into the City and to ensure the public has adequate information to consider the merits of a proposed annexation at the time of the election.

(Prior Code, § 260.001; Ord. No. 48-04; Ord. No. 12-12)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Annexation agreement means an agreement between the City and a landowner relating to extraterritorial provision of service and consent to eventual annexation of the property of the landowner.

Contiguous means a lot, parcel, or tract that abuts the current City limits or is separated from the current City limits by only public right-of-way or a body of water. For purposes of this definition abuts means touching along a boundary or point.

Enclave means territory that is completely surrounded by the corporate boundaries of the City, or by the corporate boundaries of the City and a river, stream, lake or other body of water.

Health hazard means a condition which is conducive to the propagation of communicable or contagious disease-producing organisms and which presents a reasonably clear possibility that the public generally is being exposed to disease-caused physical suffering or illness, including impure or inadequate domestic water; inadequate installations for the disposal or treatment of sewage, garbage or other contaminated or putrefying waste; or inadequate improvements for drainage of surface water and other fluid substances.

(Prior Code, § 260.005; Ord. No. 48-04; Ord. No. 12-12; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

(a)

Applicability. Territory may be annexed to the city as provided in this section.

(b)

Annexation types.

(1)

Annexation without minor comprehensive plan map amendment or quasi-judicial zone change. An annexation without a minor comprehensive plan map amendment or quasi-judicial zone change is an annexation where territory is proposed to be annexed into the City without an accompanying request to change the comprehensive plan map and/or equivalent City zoning designation that will automatically apply to the territory upon annexation as provided under SRC 260.045.

(2)

Annexation with minor comprehensive plan map amendment or quasi-judicial zone change. An annexation with a minor comprehensive plan map amendment or quasi-judicial zone change is an annexation where territory is proposed to be annexed into the City and a new comprehensive plan designation and/or zoning designation is proposed for the territory that is different from the equivalent designation that would otherwise automatically apply to the territory upon annexation as set forth in SRC 260.045.

(c)

Standing to initiate annexation. An annexation may only be initiated by the Council or an owner of property within the territory proposed to be annexed, or that owner's agent.

(d)

Voter approval. Voter approval is required for annexations as follows:

(1)

Annexations requiring voter approval. Voter approval is required for annexations if:

(A)

The annexation includes a valid triple majority petition; or

(B)

The annexation is initiated by the City.

(2)

Annexations exempt from voter approval. Voter approval is not required for annexations if:

(A)

The annexation is being made pursuant to an annexation agreement effective prior to May 16, 2000;

(B)

The annexation is necessitated by a failing septic system or health hazard; or

(C)

The annexation, notwithstanding the Salem City Charter, complies with all of the following requirements:

(i)

The annexation petition request is signed by all owners of the property proposed to be annexed;

(ii)

The territory proposed for annexation is within the urban growth boundary;

(iii)

The territory proposed for annexation is subject to an acknowledge comprehensive plan upon annexation; and

(iv)

At least one lot within the territory proposed for annexation is contiguous to the City limits.

(e)

Procedure type.

(1)

Annexations without a minor comprehensive plan map amendment or quasi-judicial zone change are processed as a Type III procedure under SRC chapter 300.

(2)

Annexations with a minor comprehensive plan map amendment or quasi-judicial zone change are processed as a Type IV procedure under SRC chapter 300.

(f)

Submittal requirements.

(1)

Annexations without a minor comprehensive plan map amendment or quasi-judicial zone change. In addition to the submittal requirements for a Type III application under SRC chapter 300, an application for an annexation without a minor comprehensive plan map amendment or quasi-judicial zone change shall include the following:

(A)

An annexation petition, when applicable, that has been signed by all property owners within the territory proposed to be annexed;

(B)

A valid triple majority petition, when applicable;

(C)

For annexations subject to an annexation agreement, a copy of the recorded annexation agreement;

(D)

A statement from the Oregon Department of Human Services, the Oregon Department of Environmental Quality, or the county health department or sanitarian, when applicable, attesting to the presence of a failing septic system or health hazard, and which otherwise complies with health hazard abatement law relative to annexations;

(E)

Identification of any contiguous territory to the territory that is proposed to be annexed that would qualify to be annexed pursuant to a previously executed annexation agreement;

(F)

A completed population questionnaire; and

(G)

A consent to the restrictions imposed by City land use regulations, as defined by Ballot Measure 49, in existence on the date of annexation that the territory will become subject to as a result of the annexation process; together with a waiver for claims under Ballot Measure 49 that could arise out of or result from the enactment or enforcement of any ordinance annexing the territory, or arise out of or result from the application or enforcement of land use regulations in existence upon the date of annexation. If there is more than one "owner," as defined by Measure 49, of the territory, the consent and waiver shall be executed by all such owners.

(2)

Annexations with a minor comprehensive plan map amendment or quasi-judicial zone change. In addition to the submittal requirements for a Type IV application under SRC chapter 300, an application for an annexation with a minor comprehensive plan map amendment or quasi-judicial zone change shall include the following:

(A)

An annexation petition, when applicable, that has been signed by all property owners within the territory proposed to be annexed;

(B)

A valid triple majority petition, when applicable;

(C)

For annexations subject to an annexation agreement, a copy of the recorded annexation agreement;

(D)

A statement from the Oregon Department of Human Services, the Oregon Department of Environmental Quality, or the county health department or sanitarian, when applicable, attesting to the presence of a failing septic system or health hazard, and which otherwise complies with health hazard abatement law relative to annexations;

(E)

Identification of any contiguous territory to the territory that is proposed to be annexed that would qualify to be annexed pursuant to a previously executed annexation agreement;

(F)

A completed population questionnaire;

(G)

A consent to the restrictions imposed by City land use regulations, as defined by Ballot Measure 49, in existence on the date of annexation that the territory will become subject to as a result of the annexation process; together with a waiver for claims under Ballot Measure 49 that could arise out of or result from the enactment or enforcement of any ordinance annexing the territory, or arise out of or result from the application or enforcement of land use regulations in existence upon the date of annexation. If there is more than one "owner," as defined by Measure 49, of the territory, the consent and waiver shall be executed by all such owners;

(H)

The submittal requirements for a minor comprehensive plan map amendment set forth under SRC 64.025(d), when the annexation includes a concurrent minor comprehensive plan map amendment; and

(I)

The submittal requirements for a quasi-judicial zone change set forth under SRC 265.005(d), when the annexation includes a concurrent quasi-judicial zone change.

(g)

Approval criteria.

(1)

Annexations without a minor comprehensive plan map amendment or quasi-judicial zone change. An annexation petition for an annexation without a minor comprehensive plan map amendment or quasi-judicial zone change shall be granted if all of the following criteria are met:

(A)

The annexation will result in a boundary in which services can be provided in an orderly, efficient, and timely manner;

(B)

The land uses and development densities that will be allowed can be served through the orderly, efficient, and timely extension of key urban facilities and services;

(C)

The withdrawal of the territory from any applicable special districts complies with applicable state statutes governing the withdrawal of the territory from those districts; and

(D)

The public interest is furthered by the annexation of the territory,

(2)

Annexations with a minor comprehensive plan map amendment or quasi-judicial zone change. An annexation petition for an annexation with a minor comprehensive plan map amendment or quasi-judicial zone change shall be granted if all of the following criteria are met:

(A)

Annexation approval criteria.

(i)

The annexation will result in a boundary in which services can be provided in an orderly, efficient, and timely manner;

(ii)

The land uses and development densities that will be allowed can be served through the orderly, efficient, and timely extension of key urban facilities and services;

(iii)

The withdrawal of the territory from any applicable special districts complies with applicable state statutes governing the withdrawal of the territory from those districts; and

(iv)

The public interest is furthered by the annexation of the territory; and

(B)

Minor comprehensive plan map amendment and quasi-judicial zone change approval criteria.

(i)

The proposed minor comprehensive plan map amendment compiles with the minor comprehensive plan map amendment approval criteria of SRC 64.025(e)(2), when the annexation includes a minor comprehensive plan map amendment; and

(ii)

The proposed quasi-judicial zone change complies with the quasi-judicial zone change approval criteria of SRC 265.005(e), when the annexation includes a quasi-judicial zone change.

(Prior Code, § 260.010; Ord. No. 48-04; Ord. No. 12-12; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

Editor's note— Ord. No. 13-21, § 1(Exh. A), adopted Feb. 14, 2022, changed the title of § 260.010 from "Initiation of annexations" to read as herein set out.

The Director may include areas adjacent to the territory proposed to be annexed as part of the proposed annexation subject to the following guidelines:

(a)

Annexation of partial units of land shall be avoided unless it furthers the public interest;

(b)

The territory shall include the adjacent right-of-way unless inclusion will result in a boundary that is not orderly development, or the City does not have the ability to efficiently maintain the right-of-way;

(c)

If an annexation will result in the creation of an enclave, the owner(s) of the enclave will be offered the ability to be annexed with the adjacent territory;

(d)

Areas adjacent to the territory may be added to the territory if the annexation will create an enclave, however, no territory shall be added by the City which would result in a voter exempt annexation then being required to be voter approved;

(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

Editor's note— Ord. No. 13-21, § 1(Exh. A), adopted Feb. 14, 2022, repealed § 260.015 and enacted a new § 260.015. Former § 260.015 pertained to enclave annexations, and derived from Prior Code § 260.015; Ord. No. 48-04; and Ord. No. 12-12.

The City shall prepare a fiscal impact statement, which shall estimate the fiscal impact the proposed annexation would have on the City's general fund. The fiscal impact statement shall be presented to the City Council on all proposed annexations.

(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

Editor's note— Ord. No. 13-21, § 1(Exh. A), adopted Feb. 14, 2022, repealed § 260.020 and enacted a new § 260.020. Former § 260.020 pertained to voter approval of annexations; exempt annexations, and derived from Prior Code § 260.020; Ord. No. 48-04; and Ord. No. 12-12.

(a)

Elections Scheduled. Annexations will be submitted to the voters at the next available general election. However, an applicant may request a special election but shall be responsible for any and all fees and costs associated with the special election.

(b)

Election costs.

(1)

In addition to the petitioner's application fee and any land use fees, the petitioner shall deposit with a sum sufficient to cover any and all other costs incurred by the City in submitting the annexation to the voters. The deposit shall be based on the petitioner's pro rata share of the estimated cost of placing an annexation measure on the ballot, and of publishing notices and other information related to the election. Any unexpended portion of the deposit shall be refunded to the petitioner following the election.

(2)

The petitioner shall execute a consent to lien form to secure payment of all election costs. If the deposit is insufficient to cover the petitioner's pro rata share of the actual costs, an additional sum equal to such amount shall be remitted to the Director no later than 15 days after the election date. If such amount is not paid within the 15-day period, the Director shall file an election cost lien in the City lien docket. The election cost lien shall have priority over all other liens, except liens for the payment of taxes, shall bear interest at the legal rate, and shall remain a lien against the property until fully paid or foreclosed, as provided by law.

(c)

Effect of appeals on election. In the event any appeal is filed based on the Council's decision the annexation may not be referred until the next available election occurring after a final decision is rendered on the appeal.

(d)

Explanatory statement. For any annexation that requires voter approval, the Director shall prepare an explanatory statement, which should include, in addition to any other information required by State of Oregon Elections Law, the following information:

(1)

The location of the territory proposed for annexation;

(2)

The proposed Salem Area Comprehensive Plan designation and zoning for the territory, including the uses permitted and density available under the comprehensive plan and zoning designation; and

(3)

A statement on the adequacy of public facilities to serve the territory and the estimated fiscal impact of the development proposed for territory.

(Prior Code, § 260.070; Ord. No. 48-04; Ord. No. 12-12; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

Editor's note— Ord. No. 13-21, § 1(Exh. A), adopted Feb. 14, 2022, repealed §§ 260.025—260.065, and amended and renumbered former § 260.070 as § 260.025. Former §§ 260.025—260.065, pertained to annexation elections; pre-application conference; filing deadline; annexation petitions; land use determination application; conceptual plan; filing fees and election costs; land use designations; modification of conceptual plan after planning commission recommendation; fiscal impact statement; council review of proposed annexations; special district withdrawal, and derived from Prior Code §§ 260.025—260.065; Ord. No. 48-04; Ord. No. 115-07; Ord. No. 30-11; Ord. No. 12-12; and Ord. No. 31-13.

(a)

Territory annexed into the city shall be automatically given the city zoning designation that is the equivalent to the city comprehensive plan designation, as set forth in Table 260-1, unless:

(1)

The applicant requests a new comprehensive plan designation and/or zoning designation for the territory that is different from the equivalent designation set forth in Table 260-1; or

(2)

The Council proposes in the resolution initiating the annexation a new comprehensive plan designation and/or zoning designation for the territory that is different from the equivalent designation set forth in Table 260-1.

(b)

Where Table 260-1 identifies more than one equivalent City zoning designation, the applicant shall indicate which zoning designation they are requesting with the application.

(Ord. No. 13-21, § 1(Exh. A), 2-14-2022; Ord. No. 11-22, § 1(Exh. A), 7-25-2022, eff. 8-24-2022; Ord. No. 22-22, § 1(Exh. A), 11-28-2022)

When an annexation of territory to the City becomes final and effective, the property shall be added to the official zoning map, along with the zoning and comprehensive plan designations.

(Prior Code, § 260.085; Ord. No. 48-04; Ord. No. 12-12; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

Editor's note— Ord. No. 13-21, § 1(Exh. A), adopted Feb. 14, 2022, repealed §§ 260.075, 260.080, 260.090, 260.095, and amended and renumbered former § 260.085 as § 260.035. Former §§ 260.075, 260.080, 260.090, 260.095, pertained to explanatory statement; fact sheet; effect of annexation on land use designations; conceptual plan conformance; effect of failure of annexation proposal on conceptual plan, and derived from Prior Code §§ 260.075, 260.080, 260.090, 260.095; Ord. No. 48-04; Ord. No. 1-10; Ord. No. 12-12; and Ord. No. 31-13.