TO: Mayor and City Council
THROUGH: Krishna Namburi, Interim City Manager
FROM: Brian D. Martin, PE, Public Works Director
SUBJECT:
title
Intergovernmental Agreement with Polk County for Erosion Control and Green Stormwater Infrastructure Permitting.
Ward(s): Ward 1 and Ward 8
Councilor(s): Tigan and Varney
Neighborhood(s): West Salem Neighborhood Association
Result Area(s): Safe, Reliable and Efficient Infrastructure.
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SUMMARY:
summary
The Intergovernmental Agreement (IGA) with Polk County establishes the framework for the City of Salem to review applications and issue evaluations for Erosion Prevention and Sediment Control (ESPC) and Green Stormwater Infrastructure (GSI) permits for developments within Polk County that are outside of City Limits but within the City of Salem’s adopted Urban Growth Boundary. This agreement is expected to increase the City’s ESPC and GSI permit reviews by less than 2 percent.
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ISSUE:
Shall City Council authorize the City Manager to execute an IGA with Polk County to establish the terms and conditions to allow the City of Salem to receive and review applications and issue evaluations for Erosion Prevention and Sediment Control and Green Stormwater Infrastructure Permits for developments within Polk County that are within the City of Salem’s adopted Urban Growth Boundary?
RECOMMENDATION:
recommendation
Authorize the City Manager to execute an IGA with Polk County to establish the terms and conditions to allow the City of Salem to receive and review applications and issue evaluations for Erosion Prevention and Sediment Control and Green Stormwater Infrastructure Permits for developments within Polk County that are within the City of Salem’s adopted Urban Growth Boundary.
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FACTS AND FINDINGS:
The purpose of this Intergovernmental Agreement (IGA) is to establish the terms and conditions under which the City of Salem will assist Polk County in the implementation of their National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Phase II General Permit. The terms and conditions established in the IGA will require evaluation through the City of Salem for construction site runoff control and post-construction site runoff for new development and redevelopment of property within Polk County. The IGA only applies to development that is within Polk County’s jurisdiction and within the City of Salem’s adopted Urban Growth Boundary (UGB).
The City of Salem and Polk County have agreed to terms outlined in an IGA (Attachment 1) to allow the City of Salem to receive and review applications and issue evaluations for Erosion Prevention and Sediment Control (EPSC) and Green Stormwater Infrastructure (GSI) for development within Polk County that lies within the City of Salem’s Urban Growth Boundary (Agreement Area). Evaluations will only be issued if applicants comply with all applicable Salem Revised Code (SRC) requirements in effect at the time of application, including, SRC Chapter 70 “Utilities”, SRC Chapter 71 "Stormwater", SRC Chapter 75 "Erosion Prevention and Sediment Control", SRC Chapter 82 "Clearing and Grading of Land", SRC Chapter 810 “Landslide Hazards”, and in conformance with the most current version of Salem's Public Works Design Standards. The City will perform site inspections during construction only. The City’s relationship to each permit will end upon final approval of the site and the closure of the development permit by Polk County.
Under the terms of the agreement, the City of Salem will perform permit evaluations until the expiration of Polk County’s MS4 Permit, unless terminated by either party or extended by both parties.
The City of Salem will collect evaluation and permit fees for these reviews, as adopted in the Fee Resolution by City Council, for each permit type. The IGA does not commit Salem to any financial contributions related to the construction of the improvements. Construction and maintenance of these facilities will be accomplished by the developer. Performance of the City’s obligations under this IGA is not anticipated to have a measurable budget impact
BACKGROUND:
1. The proposed IGA applies to property in Polk County that lies within the City of Salem Urban Growth Boundary (UGB). The properties subject to this agreement are currently outside the City Limits but are eligible for future annexation. The IGA is beneficial to the City of Salem as upon annexation, this infrastructure would be within the City of Salem and would conform to City standards. The IGA is beneficial to Polk County because the IGA area is the only area in their jurisdiction with requirements to implement these standards and they do not have an existing program designed to implement these standards.
2. The IGA only applies to development projects which exceed one-quarter-acre of ground disturbing activity. Based on a query of Polk County Building Permit records, for the past 5 years there were 51 permits that would trigger the proposed City review process, which on average is 10 permits per year. For reference, over the past 5 years the City of Salem reviewed more than 500 grading and erosion control permits every year.
Laurel Christian
Infrastructure Planner III
Attachments:
1. Attachment 1_Polk County Intergovernmental Agreement