Resolution 19-59 RESOLUTION 19-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING THE POLICIES
DISCOURAGING DESTRUCTION OF NATURAL RESOURCES AND SIGNIFICANT TREES PRIOR TO
ANNEXATION
WHEREAS,the "Policies Discouraging Destruction of Natural Resources and Significant Trees Prior
to Annexation" (the "Policies")were originally adopted by Resolution 04-38 on May 18, 2004; and
WHEREAS, it has been over 15 years since the Policies were adopted, and the City Council finds
that the timeframe for the applicability of the policies should be revised from the effective date
of the original Policies to a more limited timeframe; and
WHEREAS, updates are needed to reflect code changes that have occurred since the Policies were
originally adopted and to better assure any required mitigation will not conflict with future
development;
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The "Policies Discouraging Destruction of Natural Resources and Significant Trees
Prior to Annexation" are amended as shown on attached Exhibit A (new text bolded and double-
underlined, deleted text shown with strikcthroug14)
Section 2. Effective Date. This Resolution shall take effect upon adoption.
Considered and adopted at the regular meeting of the City Council of the City of Lake Oswego on
the 3rd day of December 2019.
AYES: Mayor Studebaker, Manz, O'Neill, LaMotte, Nguyen, Wendland, Kohlhoff
NOES: None
EXCUSED: None
ABSTAIN: None
'4" ad Lola/cc 6,
Kent Studebaker, Mayor
ATTEST:
0/1' 1&
Anne-Marie Simpson, City Recorder
APPROVED AS TO FORM:
Resolution 19-59
Page 1 of 2
„74664e,/
David Powell, City Attorney
Resolution 19-59
Page 2of2
RESOLUTION 19-59
EXHIBIT A
Proposed revisions are shown in strikeout for deleted text and bold, double-underline for new text.
Comment boxes are included explaining the rationale for the revisions. The formatting and comment
boxes will be removed for the final draft of the Resolution.
POLICIES DISCOURAGING DESTRUCTION OF NATURAL RESOURCES AND SIGNIFICANT TREES
PRIOR TO ANNEXATION
Purpose: To encourage property owners interested in petitioning the City for annexation
to preserve and protect natural resources and significant trees prior to
annexation.
Background: The City of Lake Oswego has inventoried, evaluated, mapped and developed a
protection program for hundreds of acres of stream corridors, wetlands and
tree groves within its planning area (LOC Article 50.1650.05.010 and
50.07.004.8). This planning area includes lands outside the City limits but
within the City's Urban Services Boundary. In this unincorporated area, the City
and other jurisdictions have agreed that the City is the most logical future
provider of urban services and, according to state law, should plan for land use
and transportation needs in those areas. It is anticipated that, at some point in
the future, properties within the City's Urban Services Boundary will eventually
seek annexation, typically for future development purposes or to receive City
services.
Staff Comment: This change updates the reference to the Sensitive Lands code section, which
was renumbered when the CDC was reorganized in 2012.
On several occasions, the City has received petitions to annex properties
within the unincorporated areas of the Urban Service Boundary on which trees
have been cut, vegetation removed and streams degraded. Although these
actions may not have been regulated by the County, in some cases they would
violate City natural resource protection requirements.
Removal of natural resources contributes to erosion and water quality issues
resulting in degradation of wildlife habitat and siltation buildup in waterways.
When such properties are subsequently annexed, the City may become
obligated to develop programs and expend funds to mitigate the negative
effects of natural resource removal.
These types of actions gain additional importance in light of the listing of
salmonid species under the Endangered Species Act in the Tualatin and
Willamette Rivers and their tributaries, which receive stormwater runoff and
other drainage from within the City. In addition, several creeks within the
northerly portion of the unincorporated Urban Services Boundary are
tributaries of Tryon Creek, which is a fish-bearing stream. The County, the City
and private citizens should work together to ensure that their programs and
activities are "salmon safe."
Page 1 of 13—Annexation Policies
RESOLUTION 19-59
EXHIBIT A
Removal of significant trees, whether or not within a protected tree grove, can
have a negative effect upon aesthetics and natural processes, and should be
discouraged in areas subject to annexation unless the criteria for tree removal
under the City Code have been meet.
I. Policy for parcels from which trees of a certain size and species have been removed:
The City Council declares that it will decline a petition for annexation of a
parcel pursuant to ORS 222.125 or 222.170 if a tree of a size and species listed
in the procedures below has been removed from the property within 10 years
prior to the date the annexation petition is filed with the City following the
date of this policy under circumstances that, in the determination of the City
Manager, would not have warranted issuance of a permit for the removal of
the tree under the criteria of the Lake Oswego Tree Code, unless the property
owner:
• Mitigates for the removal of the each tree at a 3:1 ratio to the
satisfaction of the City Manager by planting-a trees of the same or
similar species 15 to 20 feet tall and with a trunk size of 5 to 12 that
are a minimum 3-inch caliper at the time of plantings on the
same property_The priority locations for planting the mitigation
trees shall be within a required setback based on the Comprehensive
Plan zone designation for the property, in a legally reserved open
space or undevelopable area, or in an area that is separated from
the developable remainder of the property by an undevelopable
area or feature. in approximately the same location as the removed
tfee If in the City's determination there is insufficient space on the
property to accommodate all of the required mitigation trees,the
property owner shall pay into the City of Lake Oswego Tree Fund the
Tree Mitigation Fee as established in the Lake Oswego Master Fees
and Charges for each mitigation tree that cannot be accommodated
on the property in addition to the restoration fee required, below;
• Successfully maintains the replacement trees for at least three years
prior to annexation, and commits to maintain the mitigation for at
least two years following annexation;and
• Pays a restoration fee into the City of Lake Oswego Tree Fund in the
amount as established by the Tree Code Fees in the City's Master
Fees and Charges of the value of the removed tree.
Compliance with this policy shall not be deemed to assure that the City
Council will approve the annexation petition. This policy shall not be
construed as preventing the Council from exercising its full discretionary
authority in granting or denying petitions for annexation as otherwise
permitted by Oregon law.
This policy applies to annexations that are initiated or requested by the
Page 2 of 13—Annexation Policies
RESOLUTION 19-59
EXHIBIT A
Staff Comment: Changes the timeframe for applicability of the policy to 10 years prior to
annexation per Council direction at the October 15, 2019 study session. Keeping the timeframe
for applicability to the date of the adoption of the policy,which was May 18, 2004, creates a
longer and longer timeframe as years pass in which staff must determine whether trees were
removed from the site in violation of this policy. The change to a 10-year timeframe from the
date the annexation petition is filed provides a substantial deterrent to tree removal prior to
annexation while maintaining a reasonable timeframe in which staff can determine if trees were
removed in violation of this policy. Also changes the tree mitigation requirements to require
more mitigation trees,but with a smaller caliper inch size, in order to better assure survival and
because the availability of larger caliper mitigation trees,particularly larger caliper native trees,
is more limited. Additionally,requires mitigation trees be planted in undevelopable areas such
as setbacks or legally reserved areas, if available,rather than in the same general location that
the trees were removed from. This reduces the likelihood that the mitigation trees would need
to be removed for future development after annexation. If there is insufficient space to
accommodate all the mitigation trees on site, the resolution allows for a payment into the Tree
Fund instead. Also ties the restoration fee to the tree restoration fee as established by the City's
Master Fee and Charges instead of the value of the removed tree,which is more ambiguous.
owners of the property to be annexed and that require the consent of owners
or electors under ORS Chapter 222. It does not apply to annexations by
election under ORS Chapters 222 or 195 or to non-consensual "island"
annexations.
This policy applies notwithstanding the election requirements of Section 57 of
the Lake Oswego Charter, which requires a City-wide vote prior to annexation
of parcels within certain portions of the Stafford Area. If the owners of a
parcel in that area initiate or request annexation contrary to this policy, the
City Council will decline to refer the proposed annexation for a vote under
Section 57.
Procedure:
1. Upon receipt of an annexation petition, the City Manager will
determine whether a tree of a species and size greater than or equal to
that listed below has been removed from the site within 10 years prior
to the date the annexation petition was filed with the City following
the date of this policy:
Species Common Name Size (dbh)
Quercus garryana Oregon white oak 08"
Pseudotsuga menziesii Douglas-fir 18"
Thuja plicata Western red cedar 12"
Pinus Pondersosa Ponderosa pine 12"
Other Deciduous and horticultural tree species 20"
Other evergreen and conifer trees 18"Taxus
BrevifoliusWcstcrn Ycw Western YewToxus Brcvifolius 05-6"
Page 3 of 13—Annexation Policies
RESOLUTION 19-59
EXHIBIT A
Staff Comment: Changes the timeframe for applicability for the policy from the date of
adoption of the resolution to a 10-year timeframe from the date the annexation petition is filed.
Changes the size of the western yew that is subject to this policy from 5"to 6"DBH to reflect
the 2016 amendment to the Tree Code,which changed the size of regulated trees from 5"to 6"
DBH.
2. If the City Manager determines that such a tree has been removed, the
City Manager shall then allow the property owner an opportunity to
establish, to the satisfaction of the City Manager, that the
circumstances of the removal would have warranted issuance of a tree
removal permit under the criteria of the Lake Oswego Tree Code.
3. If the City Manager determines that the property owner has
established that the circumstances of the removal would have
warranted issuance of a tree removal permit, the City Manager shall
inform the Council that the property owner has complied with this
policy.
4. If the City Manager determines that the property owner has failed to
establish that the criteria for a tree removal permit would have been
met, annexation shall be declined unless the property owner:
a. Plants a replacement mitigation trees at a 3:1 ratio of the same
or a similar species (as determined by the City Manager) that are
a minimum 3-, 15 to 20 feet tall and with a trunk size of 5 to 12
inch caliper at the time of planting dbh, in approximately the
same location on the property as the removed tree. The height
and trunk size within the above ranges shall be determined by
the City Manager, considering the type of tree, its growth rate,
availability of replacement trees at various sizes, and the size of
the removed tree. The priority locations for planting the
mitigation trees shall be within a required setback based on the
Comprehensive Plan zone designation for the property, in a
legally reserved open space or undevelopable area,or in an
area that is separated from the developable remainder of the
property by an undevelopable area or feature.The trees shall
be planted according to the specifications in the City Tree
Planting and Maintenance Guidelines as approved by the City
Council.
If in the City's determination there is insufficient space on the
property to accommodate all of the required mitigation trees,
the property owner shall pay into the City of Lake Oswego Tree
Fund the Tree Mitigation Fee as established in the Lake Oswego
Master Fees and Charges for each mitigation tree that cannot
be accommodated on the property in addition to the
restoration fee required in 4 c, below;
Page 4 of 13—Annexation Policies
RESOLUTION 19-59
EXHIBIT A
Staff Comment: Changes the tree mitigation requirements to require more mitigation trees,
but with a smaller caliper inch size, in order to better assure survival and because the
availability of larger caliper mitigation trees,particularly larger caliper native trees,is more
limited. Additionally,requires mitigation trees to be planted in undevelopable areas such as
setbacks or legally reserved areas, if available,rather than in the same general location that the
trees were removed from. This reduces the likelihood that the mitigation trees would need to
be removed for future development after annexation. If there is insufficient space to
accommodate all the mitigation trees on site, the resolution allows for payment into the Tree
Fund instead.
b. Successfully maintains the replacement mitigation tree for at
least three years prior to annexation (Successful maintenance
includes, without limitation, immediate replacement of any
replacement tree that dies or otherwise declines during the
maintenance• period); and
c. Pays a restoration fee into the City of Lake Oswego Tree Fund in the
amount as established by the Tree Code Fees in the City's
Master Fees and Charges of the value of the removed tree as
determined to the satisfaction of the City Manager in accordance
with the methods set forth in the "Guide for Plant Appraisal"
published by the International Society of Arboriculture, or such
other method as may be deemed appropriate by the City Manager.
Staff Comment: Ties the restoration fee to the Tree Restoration Fee as established by the
City's Master Fee and Charges instead of the value of the removed tree, which is more
In addition to the pre-annexation requirements of Sections 4 a, 4 b and 4 c,
above, annexation of the property shall be conditioned upon the following:
d. The property owner shall execute an agreement with the City
requiring the property owner to maintain the required mitigation
(tree replacement), at his or her expense, in a manner consistent
with this policy and to the satisfaction of the City Manager for a
period of at least two years following the effective date of the
annexation.The agreement shall also provide that, if the property
owner fails to meet this obligation,the City may enter the property
to restore and maintain the mitigation at the property owner's
expense;
e. The property owner shall record a restrictive covenant against the
property, in a form approved by the City Attorney, requiring the
mitigation to be maintained for at least two years following the
effective date of the annexation in a manner consistent with this
policy and to the satisfaction of the City Manager, granting the City
the right to enforce the restrictive covenant, and allowing recovery
of attorney fees and other enforcement expense by the City;
f. The property owner shall grant and record an easement, in the form
Page 5 of 13—Annexation Policies
RESOLUTION 19-59
EXHIBIT A
approved by the City Attorney, allowing the City access to and use
of the property for the purposes of restoring and maintaining the
required mitigation during the two-year period; and
g. The property owner shall provide the City with a bond, cash deposit
or other security acceptable to the City Manager, in a sum deemed
by the City Manager to be sufficient to cover the costs of
restoration and maintenance of the required mitigation during the
two-year period.
5. Any person who owns property within the unincorporated portion of
the City's Urban Services Boundary and who proposes to remove a tree
may apply for certification by City staff that the proposed removal
would qualify for a Lake Oswego Tree Removal Permit if the property
were within the City's boundaries. Upon a subsequent annexation
petition, the certification shall satisfy the property owner's burden
under paragraph 2 of this policy with relation to the removal of the
tree. An applicant for a certification under this paragraph shall pay the
same fee as established for the corresponding tree removal permit.
6. The City Council will not approve annexation of property where the
requirements of this policy have not been met, unless the City Council
elects, in its discretion, to exempt the property from this policy.
II. Policy for parcels with resources that are inventoried or for which 3 eletcrm°""+'^" i;
Staff Comment: The changes to this Section II remove all references to the Lake Oswego
Natural Resource Inventory Update(NRIU) Map,which was a map that showed sites that had
been identified as potentially containing significant natural resources under Statewide Planning
Goal 5 (Natural Resources)but as of the date of adoption of Resolution 04-38 were pending a
determination of a whether a Goal 5 resource existed on the site. In 2015,the Council adopted
Ordinance 2687,which updated the City's Sensitive Lands Map and resolved all the sites that
were previously pending resource determination on the NRIU Map. As a result, it is no longer
necessary to refer to the NRIU Map for purposes of the resolution. An additional change to this
section deletes a reference to the"City's Natural Resource Coordinator"and replaces it with
"Planning Department"because the City has not had a Natural Resource Coordinator on staff for
many years and the reference should be to the department generally since staffing needs and
position titles can change.
The City Council declares that it will decline a petition for annexation of a parcel
pursuant to ORS 222.125 or 222.170 when:
(1) the parcel has previously been inventoried pursuant to the ESEE
analysis performed by the City pursuant to the requirements of Statewide
Planning Goal 5 and determined to have natural resources that would
have been protected if located within the City,or the parcel is designated
on the Lake Oswego Natural Resource Inventory Update Map as having
Page 6 of 13—Annexation Policies
RESOLUTION 19-59
EXHIBIT A
natural resources for which there is a pending determination as to
whether the criteria for such protection are met, and
(2) the natural resources on the parcel have been removed or otherwise
degraded beyond that which would have been clearly permitted under the
City natural resource regulations,
unless the property owner mitigates the effects of the natural resource
removal by restoring the site to the condition which would exist if the site had
complied with the City's natural resource regulations from the date of the
inventory, or from the date of designation on the Lake Oswego Natural
Resource Inventory Update Map, to the date of annexation, and unless the
mitigation is successfully maintained by the property owner for a period of at
least three years prior to annexation, and the property owner commits to
maintaining the mitigation for at least two years following annexation. If
the property owner or other applicant for annexation cannot substantiate
to the satisfaction of the City Manager the quality and quantity of natural
resources that were on the site prior to the removal or degradation, the
property owner must establish or enhance natural resources within the
mapped natural resources area to a minimum quality and quantity
determined by the City Manager, taking into consideration the data and
analysis that resulted in the designation of the mapped natural resources area
on the site.
In the case of annexation petitions for parcels with natural resources
designated „n thy, I ake Oswego Natural R„s„uree Inventory I II dat„ neon an analysis of the resources under the criteria of LOC 50.15.020 shall be
completed by City staff at the applicant's expense prior to the City Council's
consideration of the petition. If, in the determination of the City Manager, the
resources meet the criteria for protection under the City's natural resources
lation� ation ,ill be declined n nt to this policy u nless
miti_ation occurs as provided above. If the City Manager determines that the
resources do not meet the criteria for protection, this policy shall not apply.
Compliance with this policy shall not be deemed to assure that the City
Council will approve the annexation petition. This policy shall not be
construed as preventing the Council from exercising its full discretionary
authority in granting or denying petitions for annexation as otherwise
permitted by Oregon law.
This policy applies to annexations that are initiated or requested by the
owners of the property to be annexed and that require the consent of owners
or electors under ORS Chapter 222. It does not apply to annexations by
election under ORS Chapters 222 or 195 or to non-consensual"island"
annexations.
Page 7 of 13—Annexation Policies
RESOLUTION 19-59
EXHIBIT A
This policy applies notwithstanding the election requirements of Section 57 of
the Lake Oswego Charter, which requires a City-wide vote prior to annexation
of parcels within certain portions of the Stafford Area.} If the owners of a
parcel in that area initiate or request annexation contrary to this policy, the
City Council will decline to refer the proposed annexation for a vote under
Section 57.
Procedure: To identify annexing parcels on which natural resources have been degraded
and for which the City has conducted natural resources inventory and mapping,
the following procedures shall apply:
1. Upon receipt of an annexation petition, City staff will determine
whether the site contains inventoried natural resources or contains
resources designated on the Lake Oswego Natural Rcsourcc
Inventory Update (NRIU) Map. If so, staff will visit the parcel(s)
proposed for annexation and compare existing site conditions to the
City's site inventory of natural resources, or to the NRIU Map.
2. If it appears that the functions and values of the natural resources on
the site have been compromised since the parcel was inventoried e-
designated on the NRIU Map beyond that which would be clearly
permitted under the City's natural resource regulations:
a. For inventoried resources, and for resources designated on the
NRIU Map that have been determined to meet the criteria for
protection under paragraph 2(b),&Staff will instruct the property
owner to develop a mitigation and restoration plan that restores
and protects the functions and values of the resource on-site to
the same degree as if the site had been protected under the
City's natural resource programs from the date of inventory to
the date of annexation.The plan shall be prepared by a certified
professional (restoration ecologist, biologist, ecologist, etc.)
approved by the City Manager. If the property owner or other
applicant for annexation cannot substantiate to the satisfaction
of the City Manager the quality and quantity of natural resources
that were on the site prior the removal or degradation, the
mitigation plan must provide for the establishment or
enhancement of natural resources within the mapped natural
resources area to a minimum quality and quantity determined
by the City Manager, taking into consideration the data and
analysis that resulted in the designation of the mapped natural
resources area on the site. (A property owner who wishes to
establish a natural resource "baseline" following inventory and
prior to any development activities which could degrade the
natural resources is encouraged to contact the City's Natural
Resource Coordinator Planning Department to obtain an
Page 8 of 13—Annexation Policies
RESOLUTION 19-59
EXHIBIT A
inventory of the quality and quantity of the natural resources
existing on the site.)The mitigation plan shall be reviewed and
either approved by the City Manager or the City Manager shall
make recommendations for improvement to the mitigation plan.
4* In the case of parcels with natural resources designated on the
NRIU Map, an analysis of the resources under the criteria of LOC
50.15.020 shall be completed by City staff at the applicant's
expense. Following the analysis, the City Manager shall
determine whether the resources meet the criteria for
protection. If so, mitigation under paragraph 2(a) shall be
required to the same extent as though the resources had been
inventoried prior to the filing of the annexation petition.
3. If the property owner complies with the mitigation plan as approved by
the City Manager prior to annexation, and maintains the mitigation for
at least three years prior to annexation, the property owner shall be
deemed to have restored the natural resources on the parcel sufficient
to be eligible for annexation under this policy. Annexation of the
property shall be conditioned upon the following:
a. The property owner shall execute an agreement with the City
requiring the property owner to maintain the required
mitigation, at his or her expense, in a manner consistent with
this policy and to the satisfaction of the City Manager for a
period of at least two years following the effective date of the
annexation. The agreement shall also provide that, if the
property owner fails to meet this obligation, the City may enter
the property to restore and maintain the mitigation at the
property owner's expense;
b. The property owner shall record a restrictive covenant against
the property, in a form approved by the City Attorney, requiring
the mitigation to be maintained for at least two years following
the effective date of the annexation in a manner consistent with
this policy and to the satisfaction of the City Manager, granting
the City the right to enforce the restrictive covenant, and
allowing recovery of attorney fees and other enforcement
expense by the City;
c. The property owner shall grant and record an easement, in the
form approved by the City Attorney, allowing the City access to
and use of the property for the purposes of restoring and
maintaining the required mitigation during the two-year period;
and
d. The property owner shall provide the City with a bond, cash
Page 9 of 13—Annexation Policies
RESOLUTION 19-59
EXHIBIT A
deposit or other security acceptable to the City Manager, in a
sum deemed by the City Manager to be sufficient to cover the
costs of restoration and maintenance of the required mitigation
during the two-year period.
4. The City Council will not approve annexation of property where the
requirements of this policy have not been met, unless the City Council
elects, in its discretion, to exempt the property from this policy.
Ill. Policy for parcels where water resources have been deeraded in violation of state or
federal law.
The City Council declares that it will decline a petition for annexation of a
parcel pursuant to ORS 222.125 or 222.170 if, following the date of this policy,
a water resource on the parcel has been filled, or has had material removed,
or has otherwise been degraded, in violation of any state or federal law or
regulation, unless the property owner:
• Pays in full all fines, civil penalties and other assessments imposed or
otherwise required by any state or federal agency;
• Pays in full any damages awarded pursuant to the provisions of ORS
Chapter 196 or pursuant to any similar or related statutes or regulations;
• Fully complies with any order of any state or federal agency related to the
degradation of the water resource; and
• Complies with all mitigation or restoration requirements imposed or
ordered by a state or federal agency, and successfully maintains the
mitigation or restoration for at least three years prior to annexation and
commits to maintain the mitigation for at least two years following
annexation.
For the purposes of this policy, "water resource" shall mean any natural
waterway including any bay, stream, lake, wetland or other body of water,
whether navigable or non-navigable.
Compliance with this policy shall not be deemed to assure that the City
Council will approve the annexation petition.This policy shall not be
construed as preventing the Council from exercising its full discretionary
authority in granting or denying petitions for annexation as otherwise
permitted by Oregon law.
This policy applies to annexations that are initiated or requested by the
owners of the property to be annexed and that require the consent of owners
or electors under ORS Chapter 222. It does not apply to annexations by
election under ORS Chapters 222 or 195 or to non-consensual "island"
annexations.
Page 10 of 13—Annexation Policies
RESOLUTION 19-59
EXHIBIT A
This policy applies notwithstanding the election requirements of Section 57 of
the Lake Oswego Charter, which requires a City-wide vote prior to annexation
of parcels within certain portions of the Stafford Area. If the owners of a
parcel in that area initiate or request annexation contrary to this policy, the
City Council will decline to refer the proposed annexation for a vote under
Section 57.
Procedure:
1. Upon receipt of an annexation petition, City staff will determine
whether the site contained a water resource within 10 years prior to
the date the annexation petition is filed with the City prior to the date
of this policy, and will visit the site to determine the current condition
of the resource.
2. If it appears that, following the date of this policy, within 10 years prior
to the date the annexation petition is filed with the City that removal
or fill has occurred, or that the functions and values of the water
resource have otherwise been compromised, in violation of any state or
federal law or regulation, and if the violation has not previously been
reported to the appropriate state or federal agency, the violation shall
be reported to the appropriate agency by City staff.
Staff Comment: Changes the timeframe for applicability of the policy to 10 years prior to
annexation per Council direction at the October 15, 2019 study session. Keeping the timeframe
for applicability to the date of the adoption of the policy, which was May 18, 2004, creates a
longer and longer timeframe as years pass in which staff must determine whether resources
were altered on the site in violation of this policy. The change to a 10-year timeframe from the
date the annexation petition is filed provides a substantial deterrent to resource alteration prior
to annexation while maintaining a reasonable timeframe in which staff can determine if
resources were altered in violation of this policy.
3. If it appears to staff that no violation has occurred and no report has
been made, or if a report is made but the appropriate state or federal
agency determines that no violation has occurred, the City Manager
shall inform the City Council that the proposed annexation does not
violate this policy.
4. If a report has been made, and the appropriate state or federal agency
determines that a violation has occurred, the annexation petition shall
be denied unless the property owner:
a. Pays in full all fines, civil penalties and other assessments
imposed or otherwise required by any state or federal agency;
b. Pays in full any damages awarded pursuant to the provisions of
ORS Chapter 196, or awarded pursuant to any similar or related
Page 11 of 13—Annexation Policies
RESOLUTION 19-59
EXHIBIT A
statutes or regulations;
c. Fully complies, in the determination of the City Manager, with
any order of any state or federal agency related to the
degradation of the water resource; and
d. Fully complies, in the determination of the City Manager, with all
mitigation or restoration requirements imposed or ordered by
the state or federal agency, and successfully maintains the
mitigation or restoration for at least five years prior to
annexation.
In addition to the pre-annexation requirements of Sections 4 (a), 4 (b),
4 (c) and 4 (d), above, annexation of the property shall be conditioned
upon the following:
e. The property owner shall execute an agreement with the City
requiring the property owner to maintain the required
mitigation, at his or her expense, in a manner consistent with
this policy and to the satisfaction of the City Manager for a
period of at least two years following the effective date of the
annexation. The agreement shall also provide that, if the
property owner fails to meet this obligation, the City may enter
the property to restore and maintain the mitigation at the
property owner's expense;
f. The property owner shall record a restrictive covenant against
the property, in a form approved by the City Attorney, requiring
the mitigation to be maintained for at least two years following
the effective date of the annexation in a manner consistent with
this policy and to the satisfaction of the City Manager, granting
the City the right to enforce the restrictive covenant, and
allowing recovery of attorney fees and other enforcement
expense by the City;
g. The property owner shall grant and record an easement, in the
form approved by the City Attorney, allowing the City access to
and use of the property for the purposes of restoring and
maintaining the required mitigation during the two-year period;
and
h. The property owner shall provide the City with a bond, cash
deposit or other security acceptable to the City Manager, in a
sum deemed by the City Manager to be sufficient to cover the
costs of restoration and maintenance of the required mitigation
during the two-year period.
Page 12 of 13—Annexation Policies
RESOLUTION 19-59
EXHIBIT A
5. The City Council will not approve annexation of property that does not
comply with the preceding requirements, unless the Council elects, in its
discretion,to exempt the property from this policy.
IV. Obligations Run with the Land.
Any obligation of the "property owner" under these policies shall "run with the land" and shall be an
obligation of the owner of the property at the time required for performance of the obligation,
regardless of any prior transfers of title.
V. Public Notice.
The City Manager shall publicize the adoption of these policies by providing notice to the news
media, local realtors, local arborists and foresters,the Home Builders Association of Metropolitan
Portland,the Clackamas County Planning Department, and to those Neighborhood Associations and
County Planning Organizations whose boundaries include unincorporated areas within the City's
Urban Services Boundary.The City Manager shall encourage the Neighborhood Associations and
County Planning Organizations to provide notice of these policies to their membership, and to any
realtor that posts signage advertising a property for sale within the unincorporated area. The City
Manager shall also provide written notice of these policies to the owners (as listed in the property
tax assessment roll) of property within the unincorporated area that have inventoried natural
resources, or that have resources designated on the Lake Oswego Natural Resource Inventory
Update Map.
V1 Replacement of.. xation policy.
These policies replace the Interim Policy on Annexation adopted by the City Manager on April 5,
2004.
Staff Comment: Before Resolution 04-38 was adopted, the City Manager had adopted an
Interim Policy on Annexation regarding tree removal and destruction of resources. This section
clarified that the interim policy was replaced by Resolution 04-38. Since Resolution 04-38 has
been in effect for more than 15 years now,this section is no longer needed.
Page 13 of 13—Annexation Policies