A. Legislative Purpose: The purpose for establishing an area of city impact is to identify a logical urban fringe area adjoining the city. The urban fringe area is realizing, or will realize, growth and development pressures that must be planned and managed in an orderly fashion. The area of city impact recognizes trade area, geographic factors and the potential delivery of public services as being associated with the city and comprised of areas that may reasonably be annexed to the city in the near and distant future.
B. Geographic Area Of City Impact: The officially adopted and agreed upon "area of city impact for Harrison, Idaho" is established by ordinance 330 and by Kootenai County, Idaho, and is set forth therein on the map entitled "Area Of City Impact For Harrison, Idaho" dated December 15, 1994, and the description of such boundaries are on file in the office of the city clerk.
C. Applicable Documents:
1. Comprehensive Plan: The comprehensive plan and subsequent amendments thereto, as officially adopted by Kootenai County, shall apply to the area of city impact within the unincorporated area of Kootenai County. If in conflict, the city shall amend its comprehensive plan to be consistent with the Kootenai County comprehensive plan.
2. Subdivision Ordinance: The subdivision ordinance and subsequent amendments thereto, as officially adopted by Kootenai County, shall apply to the area of city impact within the unincorporated area of Kootenai County. The subdivision ordinance of the county shall also prevail over any city ordinances pertaining to the division of original parcels of record, plat amendments, lot line adjustments, minor subdivisions, short plats or administrative lot splits.
3. Zoning Ordinance: The zoning ordinance, zoning map and subsequent amendments thereto, as officially adopted by Kootenai County, shall apply to the area of city impact within the unincorporated area of Kootenai County.
D. Review: The county acknowledges that the city is currently working on a subdivision and zoning ordinance and may wish to reopen this agreement upon completion of those ordinances to review whether they should be applied within the area of impact.
E. Administration And Enforcement:
1. The county shall be responsible for the administration and enforcement of the plan and ordinances listed in subsection C of this section, and shall receive all permit fees for inspection performed to recapture direct costs of inspections, administration, legal publications and other costs arising from the process.
2. Amendments to the county's comprehensive plan, requests for preliminary and final plats or the vacation thereof, requests for zone changes or any other type of development applications, with the exception of building permits or development applications for agricultural purposes, involving property located in the area of city impact within the unincorporated area of Kootenai County being proposed, shall be reviewed by the city council upon recommendation of the city planning and zoning commission in accordance with Idaho Code titles 67 and 50, who will give a recommendation to the county for approval, disapproval or the placement of certain conditions.
The county shall notify the city within twenty (20) days of receiving an application for development of any type within the area of city impact. Copies of such application shall be forwarded to the city with notification. The city shall return a recommendation within thirty (30) days of receipt of the application but at least fifteen (15) days prior to any public hearing set for the matter. The city agrees to return a response even if they have no comment on the application to acknowledge receipt of the application. If no acknowledgment is received within the time period, the county agrees to confirm that notice was received by the city. (Ord. 330, 12-15-1994)
3. The city reserves the right to renegotiate the area of impact boundaries in the future. Upon a request for annexation, the city agrees to notify the county and allow the county thirty (30) days to comment on such request. The county agrees to return a response even if they have no comment on the application. If no acknowledgment is received within the time period, the city agrees to confirm that notice was received by the county. (Ord. 436, 4-28-2010)
4. Maintenance of public streets located in the area of city impact shall be the exclusive responsibility of the Eastside highway district unless otherwise stipulated by written agreement between the highway district and the city.
5. Law enforcement and fire services in the area of city impact shall remain the responsibility of Kootenai County, the Eastside fire protection district and the St. Maries rural fire district unless otherwise stipulated by written agreement between the county and/or fire district and the city.
6. The city shall appoint a member on its planning and zoning commission to represent the area of city impact. This representative shall reside within the area of city impact and shall be reappointed upon any vacancy by citizens also residing within the area of city impact.
F. Renegotiation: The area of city impact agreement shall be reviewed by the city and Kootenai County at least once every five (5) years and shall be renegotiated at any time upon the request of either party. Renegotiation shall begin thirty (30) days after written request by either the city or county and shall follow procedures for the original negotiation, as set forth in Idaho Code 67-6526. (Ord. 330, 12-15-1994)