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City of Salem Annexation Program
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| Frequently Asked Questions (also available in PDF, click here) General Terms: Annexation Enclave Annexation Annexation Contracts/Annexation Agreements Triple Majority Annexation
General Questions About Annexation: What is annexation? Why is the City initiating annexation? What is involved in annexing to the City? When is there a vote by the residents of areas considered for annexation? How long is the annexation process?
Financial Impacts of Annexation: Are there costs associated with the annexation process and if so, who will pay them? Will my property be reassessed? What are the impacts of annexation?
City Services: Can I connect to water and sewer services? Do I have to connect to sewer and water after annexation? Must I install curbs, gutters, sidewalks and street lights? Will I be served by a different fire department? Will I be served by a different police department? What other services will change? Will my children change school districts? Will my address or zip code change?
Other Frequently Asked Questions: Can I keep farm animals? What can I do if I have concerns about my property being annexed?
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GENERAL TERMS: Annexation: Annexation is the process of incorporating a piece of property into the boundaries of a city, making the property and those who live on it eligible for all of the services provided by the City. Enclave Annexation: "Enclave" means "territory that is completely surrounded by the corporate boundaries of the City of Salem, or by the corporate boundaries of the City of Salem and a river, stream, lake, or other body of water" (Salem Revised Code 165.020 (c)). State Statute and the City Charter, Section 61, require enclave annexations to be approved by a majority of voters within the city. Enclave annexation does not require consent from the property owners or the residents in the territory. Annexation Contracts (Annexation Agreements): During the past 20 years, owners for approximately 470 properties outside the city limits have requested extraterritorial services and have signed and recorded annexation contracts, generally referred to as "annexation agreements." The agreements were recorded with the understanding that when a property with an annexation agreement becomes contiguous with the city limits, the City would annex the property. Triple Majority Annexation: Territories with annexation contracts as described above may be leveraged to include additional lands to be annexed inside the city limits as provided under triple majority annexation. State law allows territory without the consent of owners to be combined with territory that has owner consent for annexation. This is generally referred to as a "triple majority annexation." Under a triple majority annexation, the City may annex territory without the consent of owners if the following three conditions are met:
More than half of the owners of land in the territory consent in writing to annexation; and
The owners consenting to annex own more than half of the land in the contiguous territory; and
The owners consenting to annex represent more than half of the assessed value of property in the territory Back to Top |
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GENERAL QUESTIONS ABOUT ANNEXATION: Q: What is annexation? A: Annexation is the process of including a piece of property within the boundaries of a city, making the property, those who live on it, and those who visit it, eligible for all of the services provided by the City. Q: Why is the City initiating annexation? A: State laws say that cities should be the provider of services to more densely developed land. Cities have the ability to deliver services in ways and at levels counties, and special service districts may not. The Salem City Council adopted an annexation program on October 10, 2005. Full implementation of the program is expected to take approximately two years. Q: What is involved in annexing to the City? A: City staff will conduct an analysis to determine the impacts of annexation. The City will also contact affected property owners to notify them of annexation program. If there is a question regarding the zoning of the territory being considered for annexation, the Planning Commission will hold a public hearing. Next, the City Council will hold a public hearing to gather comments regarding the potential annexation and to hear from those who might be affected. Approval of voters within the City may also be needed in many cases. If so, the annexation proposal will be referred to the City of Salem electors at the next General Election (November 2006). Q: When is there a vote by the residents of areas considered for annexation? A: Approval of voters in the area to be annexed is required unless the annexation is agreed to, in writing, by a majority of the property owners in the affected area, or if the area is already surrounded by the annexing city. Additionally, a vote is not necessary in the territory to be annexed when the following three conditions are met: 1) more than half of the owners of land in the territory to be annexed consent in writing to annexation; 2) the owners consenting to annex own more than half of the land in the contiguous territory; and 3) the owners consenting to annex represent more than half of the assessed value of property in the territory to be annexed (referred to as a triple majority annexation). Q: How long is the annexation process? A: Generally, the annexation process takes eight months to a year to complete. Annexations requiring voter approval, generally take a year and a half to complete. Back to Top |
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FINANCIAL IMPACTS OF ANNEXATION: Q: Are there costs associated with the annexation process and if so, who will pay them? A: The fees to process an annexation are typically paid by the applicant who files the annexation request. If the City initiates an annexation, individual property owners will not incur any costs. Q: Will my property be reassessed? A: No, annexation does not involve reassessment of your property. The County Assessor makes decisions regarding assessment based on the requirements of state law, including assessment when property is sold or upon major improvement. Q: What are the impacts of annexation? A: Becoming part of the City may result in improved fire and emergency services, faster police response, access to city-provided library services and other services. In some instances, being annexed may increase the value of your property because of the new access to city water and sewer services. City residents also have voting rights on city elections and the ability to participate on advisory committees and neighborhood associations. In some instances being annexed may provide the ability to get off a septic system and connect to city sewer. Back to Top |
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CITY SERVICES: Q: Can I connect to water and sewer services? A: As a city resident you can connect to City water and sewer service when the services become available to your area. However, there are one-time and ongoing costs associated with water and sewer service. Q: Do I have to connect to sewer and water after annexation? A: The City does not require connection to water service, so you can continue to use any existing wells. Generally, City sewer service is required only when your septic system is not functioning properly and a City sewer main is located near your property. Q: Must I install curbs, gutters, sidewalks and street lights? A: No, these improvements are not required as a condition of annexation. These types of improvement are required by the Salem Revised Code when a property is developed, or if the existing use is significantly intensified. There are other costs of development as well. These costs are paid by the developer of the property. Q: Will I be served by a different fire department? A: Fire trucks from the closest fire station will continue to respond. City residents are served by the Salem Fire Department, a fully staffed and full-service fire department. Newly annexed territory, not already served by the Salem Fire Department, will receive fast and capable fire and emergency services. Q: Will I be served by a different police department? A: Yes. Police service is provided by the City of Salem Police Department. Q: What other services will change? A: In addition to police and fire services, public works, library, and housing and planning services previously accessed through the County would be replaced with services provided by the City of Salem. Q: Will my children change school districts? A: No, they will attend the same schools they now attend. Q: Will my address or zip code change? A: No. Back to Top |
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OTHER FREQUENTLY ASKED QUESTIONS: Q: Can I keep farm animals? A: The Residential Agricultural zone district is the only City zoning district which allows for the keeping of farm animals for private, non-commercial use. So, if your property is included in this zone district, you may keep animals in accordance with the zoning district regulations. You may also keep animals on your property, regardless of your zoning district, if you have a legal right to keep animals under the jurisdiction of the County at the time of annexation. This is called a legal non-conforming use, or is more commonly referred to as "grandfathering." In a legal, non-conforming situation, you may keep the same number and type of farm animals in the City that you are legally keeping in the County at the time of annexation. You are not permitted to increase the intensity of a non-conforming use, so it would not be permissible to increase the number of animals or to substitute, for example, horses for chickens. We recommend that you provide documentation of the number and type of animals that you are legally keeping in the County at the time of annexation to the City of Salem Department of Community Development to avoid any issues that might subsequently arise. Once you no longer have farm animals, then the non-conforming use ceases, and you would no longer be able to keep farm animals on the property. Q: What can I do if I have concerns about my property being annexed? A: You may contact City staff, to schedule a time to meet and discuss your concerns. You may also express your concerns to the City Council in writing or in person at the annexation public hearing. Back to Top
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