Chapter 18.12
URBAN GROWTH BOUNDARY
Sections:
18.12.010 Joint management agreement – Introduction.
18.12.030 Intent of agreement.
18.12.040 Applicable documents.
18.12.050 Land use regulatory procedures.
18.12.010 Joint management agreement – Introduction.
A. The parties to the joint management agreement shall be the city of Garibaldi, Oregon, hereinafter referred to as “the city,” and Tillamook County, Oregon, hereinafter referred to as “the county.”
B. The terms of joint management agreement shall be applicable to the city's urban growth boundary area. For the purposes of this agreement, the urban growth boundary area shall be defined as that area of land extending from the city's corporate limits to the city's urban growth boundary as referenced and mapped in the city's comprehensive plan, and hereby incorporate into and made a part of this document. [Ord. 170 Att. E, § 1, 1990.]
18.12.020 Definitions.
A. Words and phrases used in this joint agreement and not defined herein shall be construed in accordance with ORS chapters 92, 197, 215, and 227 and applicable Oregon Statewide Planning Goals unless otherwise specified. In the event two or more definitions are provided for a single work or phrase, the most restrictive definition shall be utilized in construing this agreement.
B. “Land use actions” consist of the following: conditional use permit, variance, actions affecting a nonconforming use or structure, subdivision major partition, and minor partition.
C. “Urban area” means those lands which lie within the designated urban growth boundary, either within or without the city.
D. “Urban growth area” means that portion of the urban area which is outside of the incorporated limits of the city.
E. “Urban growth boundary” means the line drawn around the urban area which separates rural from urbanizable land, as identified within the comprehensive plan for the city.
F. “Urbanizable lands” are those lands within the urban growth boundary which are identified and: (1) determined to be necessary and suitable for future urban area; (2) can be served by public facilities and services; (3) are needed for the expansion of an urban area. [Ord. 170 Att. E, § 2, 1990.]
18.12.030 Intent of agreement.
The provisions of this agreement, shall establish the procedure for review and action on comprehensive plan amendments, implementing ordinance amendments, land use actions, public improvement projects, land use enforcement actions and other related matters. [Ord. 170 Att. E, § 3, 1990.]
18.12.040 Applicable documents.
A. The Garibaldi comprehensive plan shall serve as the comprehensive plan for the urban area.
B. The Garibaldi zoning ordinance and subdivision ordinance shall provide the criteria for revising and acting on proposed land use actions in the urban area. [Ord. 170 Att. E, § 4, 1990.]
18.12.050 Land use regulatory procedures.
Garibaldi shall serve as the lead agency for all development requests within the urban area. The following procedures shall be followed:
A. Land use actions, within the urban growth area, shall be processed according to the following procedure:
1. All applications shall be submitted to Garibaldi and shall be on forms provided by the city.
2. Upon receipt of a complete application, the city shall notify the county department of planning and development of the hearing date at which the matter will be considered.
3. The application shall be reviewed by the Garibaldi planning commission as provided for in the Garibaldi zoning ordinance and/or Garibaldi subdivision ordinance.
4. The county shall have standing to participate in the public hearing.
5. The city shall notify the county of the decision of the Garibaldi planning commission within five working days of the decision.
6. The decision of the Garibaldi planning commission shall be final unless appealed by a party to the public hearing.
7. An appeal of a decision of the Garibaldi planning commission shall be to the Tillamook County board of commissioners.
8. The review of the appeal shall be according to procedures in the Tillamook County zoning ordinance.
9. Garibaldi shall have standing to participate in the appeal.
10. Tillamook County shall notify Garibaldi of its final decision on an appeal within five working days of the decision.
B. Amendments to the Garibaldi comprehensive plan, including the urban growth boundary and plan map, Garibaldi zoning ordinance and Garibaldi subdivision ordinance shall be adopted by ordinance by both Garibaldi and Tillamook County according to the following procedure.
1. Application shall be submitted to Garibaldi on forms provided by the city.
2. Upon receipt of a complete application the city shall notify the county department of planning and development of the hearing date at which the matter will be considered before the Garibaldi planning commission and city council.
3. The county shall have standing to participate in the public hearing before the planning commission and city council.
4. The application shall be reviewed by the Garibaldi planning commission at a public hearing according to procedures specified in the comprehensive plan, zoning ordinance, or subdivision ordinance.
5. The city shall notify the county of the recommendation of the Garibaldi planning commission within five working days of the recommendation.
6. The Garibaldi city council shall hold a public hearing on the application according to applicable procedures specified in the comprehensive plan, zoning ordinance or subdivision ordinance.
7. If the city council approves the application, it shall do so by ordinance. If the city council denies the application, the decision may be appealed to the land use board of appeals.
8. The city shall notify the county of its final action within five working days of adoption of an ordinance or denial of the application.
9. Tillamook County shall hold a public hearing, on applications approved by Garibaldi, according to procedures established in the Tillamook County comprehensive plan or Tillamook County zoning ordinance.
10. Tillamook County shall notify Garibaldi of its final decision within five working days of its decision. [Ord. 170 Att. E, § 5, 1990.]
18.12.060 Administration.
A. Tillamook County shall be responsible for issuing building permits and mobile home placement permits in the urban growth area.
B. Tillamook County shall be responsible for the enforcement of the provisions of the zoning ordinance and subdivision ordinance in the urban growth area. [Ord. 170 Att. E, § 6, 1990.]
18.12.070 Annexation.
Annexation within the Garibaldi urban growth boundary shall be in accordance with relevant annexation procedures under Oregon Law and the policies of the Garibaldi comprehensive plan. [Ord. 170 Att. E, § 7, 1990.]
18.12.080 Services.
A. Garibaldi sewer and water service shall be extended to areas in the urban growth boundary only upon annexation to the city.
B. Provision of sewer and water service shall occur beyond the urban growth boundary only after a determination by affected agencies that a “danger to the public health” as defined by ORS 413.705(5) exists. The service thus authorized shall serve only the area in which the health hazard has been established. [Ord. 170 Att. E, § 8, 1990.]