TO: Mayor and City Council
THROUGH: Krishna Namburi, Interim City Manager
FROM: Brian D. Martin, PE, Public Works Director
SUBJECT:
title
Proposed revisions to Council Policy X-4, Connection to Water and/or Sewer Service Outside the City Limits
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
Result Area(s): Safe, Reliable and Efficient Infrastructure; Welcoming and Livable Community.
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SUMMARY:
summary
City Council Policy X-4, “Connection to Water and/or Sewer Service Outside the City Limits,” establishes the process and requirements for a property located outside of Salem’s city limits to receive water and/or sewer services. The policy requires that the property meet specific criteria and the owner either: (1) file for annexation if the property is contiguous to city limits; or (2) sign a consent to annex if the property is not contiguous. Over the past several years, the City has received multiple requests to provide water services to properties that are located both outside Salem’s city limits and outside of the Salem-Keizer Urban Growth Boundary (UGB). Council Policy X-4, however, is silent on the criteria and process to be followed for these properties. The proposed revisions to Council Policy X-4, which were supported by the 2024 Water/Wastewater Task Force and are consistent with Statewide Planning Goals, will clarify the existing policy and add provisions specific to a property beyond the UGB. Generally, the added provisions require that the property be developed for residential purposes only, the property is contiguous to a right-of-way in which an existing City-owned water main is located, and the property owners can demonstrate that groundwater is not available for use on the property.
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ISSUE:
Shall the City Council adopt revisions to Council Policy X-4 regarding connections to water/sewer services for properties that are located outside city limits and outside the Salem-Keizer Urban Growth Boundary?”
RECOMMENDATION:
recommendation
Adopt revisions to Council Policy X-4 regarding connections to water/sewer services for properties that are located outside city limits and outside the Salem-Keizer Urban Growth Boundary.
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FACTS AND FINDINGS:
1. The City of Salem has operated municipal water and sewer systems since the early 1900s. Over the years, the City has provided water and sewer service to properties outside city limits through a combination of associations, districts, and individual service connections.
2. In January 2005, Council adopted a policy establishing the process and criteria for providing water/sewer services to properties located outside city limits. Staff adhered to this unnumbered policy for eight years until 2013 when Council adopted Policy X-4 which was based on the earlier 2005 policy.
3. City Council Policy X-4 establishes the process and criteria for any property located outside Salem’s city limits. In practice, City staff have interpreted Council Policy X-4 to apply to properties located outside Salem’s city limits and within the Salem-Keizer Urban Growth Boundary (UGB).
4. The proposed revisions to Council Policy X-4 note that properties outside the UGB are not eligible for sewer services unless there has been a public health hazard declaration. This is consistent with Statewide Planning Goal 11 and Oregon Administrative Rule (OAR) 660-015-0000(11). In the absence of a public health hazard declaration, requests for sewer services require the City to file for an exception to Goal 11on behalf of a requesting party. To date, the City has not filed for such an exception.
5. Extending water service to properties outside the UGB is allowed by Statewide Planning Goal 11 provided the services is only used for residential purposes per OAR 660-011-0065. The proposed revisions to Council Policy X-4 are consistent with Statewide Planning Goal 11.
6. The proposed revisions clarify the existing policy and adds provisions for properties located outside the UGB. Among the proposed changes:
a. The title of the proposed Council Policy X-4 has been updated to indicate that the policy also addresses connections to City services to properties outside of the UGB. A Table of Contents has been added.
b. The meanings of certain words and terms used in Council Policy are defined, including: Annexation Agreement, Complete Annexation Agreement, Developed, File for Annexation, and Main.
c. A new set of criteria has been added specific to the eligibility of a property located outside city limits and outside the UGB to receive water services from the City.
(1) The property is developed for residential purposes only.
(2) The property is contiguous to a right-of-way in which an existing City-owned water main with adequate capacity to serve the existing use is located.
(3) The property owner agrees to not expand the use of the property for other than a “Residential Home” as defined in Polk County or Marion County zoning ordinances, based on the property’s location.
(4) The meter through which the water is provided by the City will be no greater than one inch in diameter.
(5) The property owner agrees to pay all applicable permit fees and system development charges as contained in the City Council-adopted Fee Schedule.
(6) The property owner agrees to pay the City’s base charge and volume rates for water service for customers outside Salem city limits as contained in the Council-adopted Fees and Charges for Utility Service Rates.
7. For properties requesting water services - regardless of inside or outside the UGB - the proposed revisions incorporate three criteria to demonstrate that groundwater is not a viable option for drinking water at the requesting property. These are:
a. The well capacity serving the property is, or would be less than five (5) gallons per minute; or
b. A primary drinking water contaminant per OAR 333-061-0030 (Maximum Contaminant Levels and Action Levels) has been detected in the groundwater that is at a concentration of 50-percent or greater of the maximum contaminant level; or
c. A secondary water contaminant per OAR 333-061-0030 has been detected in the groundwater at a concentration greater than 75-percent of the secondary contaminant level.
8. The proposed revisions to Council Policy X-4 are provided as Attachment A with additions shown as underlined text and deletions as strikethrough. Attachment B is the clean version of proposed Council Policy X-4 with all recommended changes incorporated.
BACKGROUND:
The foundation of statewide land use planning in Oregon is a set of 19 statewide land use planning goals. These goals express the state's policies on land use and related topics. Relevant to the issue of providing utility services is Statewide Planning Goal 11, Public Facilities and Services. Goal 11 is codified in Oregon Administrative Rules (OAR) 660-011.
Goal 11 has strict provisions on the extension of sewer service to rural lands outside the UGB. OAR 660-011-0060 allows sewer service to these lands only if a determination has been made that a public health hazard exists and there is no practical alternative to a sewer system. However, OAR 660-011-0065 does allow for water service to be provided to areas outside the UGB provided the water service does not allow an increase in base density beyond residential use.
The City has been receiving a number of requests to provide water service to properties located outside the UGB. Council Policy X-4, which is consistent with statewide planning goals, currently addresses providing water and/or sewer services to properties located outside Salem’s city limits but does not specifically address properties that are located outside city limits and outside the UGB.
Robert D. Chandler, PhD, PE
Assistant Public Works Director
Attachments:
1. Proposed Revisions to Council Policy X-4 showing additions and deletions
2. Proposed Council Policy X-4 with additions and deletions accepted