(A)   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 Burley, Idaho" has been established by duly enacted ordinances in the City, establishing the following described area as the area of City impact: (Ord. 1112, 11-2-1998)

Part of Sections 23, 24, 25, 26, 35, and 36 of Township 10 South, Range 22 East of the Boise Meridian, and part of Sections 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, and 33 of Township 11 South, Range 23 East of the Boise Meridian as follows:

Beginning at the Southeast section corner of Section 36 of T.10 S., R.22 E., B.M., which shall be the Point of Beginning;

Thence west along the south line of Section 36 to the Southeast section corner of Section 35;

Thence west along the south line of Section 35 for a distance of 25 feet more or less to the west right of way of 200 West Road;

Thence north along the west right of way of the 200 West Road parallel to and 25 feet distance from the east section line of Section 35 to the north line of Section 35 (south line of Section 26);

Thence north continuing along the west right of way of the 200 West Road parallel to and 25 feet distance from the east section line of Section 26 to the north line of Section 26 (south line of Section 23);

Thence north continuing along the extended west right of way of the 200 West Road parallel to and 25 feet distance from the east section line of Section 23 to the mean high water line of the Snake River (south bank);

Thence easterly along the mean high water line of the Snake River through Sections 23 and 24 of T.10 S., R.22 E., B.M. to the east line of Section 24;

Thence easterly continuing along the mean highwater line of the Snake River through Sections 18, 17, 16, 21, 22, and 27 of T.10 S., R.23 E., B.M. to the east line of Section 27;

Thence south along the east line of Section 27 to the Southeast section corner of said Section 27;

Thence west along the south line of Section 27 to the Northeast section corner of Section 33;

Thence west along the south line of Sections 33, 32, and 31 to the Point of Beginning.

Save and except that portion of the described area that falls within the boundaries of the City of Burley.

(Ord. 1350, 2-12-2018)

   (C)   Comprehensive Plan: The Comprehensive Plan and subsequent amendments thereto as officially adopted by the City shall apply to the area of City impact within the unincorporated area of Cassia County, Idaho. Both the City and Cassia County shall amend their Comprehensive Plans to be consistent with this agreement, if required.

   (D)   Subdivision Ordinance: The subdivision ordinance 1 and subsequent amendments thereto as officially adopted by the City shall apply to the area of City impact within the unincorporated area of Cassia County. The subdivision ordinance of the City shall also prevail over any Cassia County ordinances pertaining to the division of original parcels of record, plat amendments, lot line adjustments, minor subdivisions, short plats or administrative lot splits.

   (E)   Zoning Ordinance: The zoning ordinance, Zoning Map and subsequent amendments thereto as officially adopted by the City shall apply to the area of City impact within the unincorporated area of Cassia County.

   (F)   Code And Ordinance Administration And Enforcement:

      1.   The City shall be responsible for the administration and enforcement of the City's ordinances listed in subsections (C), (D) and (E) 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. Appeal and hearing procedures shall follow those adopted by the City presently and in the future.

      2.   Amendments to the City Comprehensive Plan, requests for preliminary and final plats or the vacation thereof, and request for zone changes involving property located in the area of City impact within the unincorporated area of Cassia County being proposed for nonagricultural development of any type shall be considered by the City Council upon recommendation of the City Planning and Zoning Commission in accordance with title 67 and title 50 Idaho Code.

      3.   The authority to enter into and execute development agreements with a subdivider and to accept required bonding or other form of security to guarantee construction of required street improvements involving plats located within the area of City impact within the unincorporated area of Cassia County shall rest jointly with the Burley Highway District, the City, and Cassia County.

      4.   Maintenance of public streets located in the area of City impact shall be the exclusive responsibility of the Burley 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 the City and the Burley Fire Department unless otherwise stipulated by written agreement between the County and/or fire district and the City.

      6.   The City shall appoint a proportionate number of its Planning and Zoning Commission to represent the area of City impact. Those representatives 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.

   (G)   Renegotiation: The Area of City Impact Agreement shall be reviewed by the City and Cassia County at least once every five (5) years and shall be renegotiated at any time upon the request of either party hereto. 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, section 67-6526. (Ord. 1112, 11-2-1998)

   (A)   Purpose: The purpose of 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, development pressure that must be planned for in an orderly manner. Section 67-6526, Idaho Code, requires that cities and counties negotiate an area of City impact.

   (B)   Consideration: The following factors were considered by the Planning Commission and the Council in the establishment of an area of City impact:

      1.   Trade area;

      2.   Geographic factors;

      3.   Areas that can reasonably be expected to be annexed to the City in the future; and

      4.   The Planning and Zoning Commission, after hearing, recommended the adoption of the proposed area.

   (C)   Geographic Area Of City Impact: The officially adopted geographic area of City impact is shown on the map entitled "Area of City Impact for Burley, Idaho", and particularly described as follows:

Beginning at the NE corner of Section 17, Township 10 South, Range 23 East, Boise Meridian, being the true point of beginning; thence North along the East section line of Section 8, Township 10 South, Range 23 East Boise Meridian, to the South right-of-way of Interstate 80 North; thence West along the Southern right-of-way of Interstate 80 North to 700 West road; thence South to the Snake River; thence Northeasterly along the Snake River to the 600 West Road; thence North to the True Point of Beginning. EXCEPTING THEREFROM that portion of the abovedescribed lands presently within the City limits of the City of Burley, Idaho.

   (D)   Comprehensive Plan: The Comprehensive Plan and subsequent amendments thereto, as officially adopted by the City, shall apply to the area of City impact within the unincorporated area of Minidoka County, Idaho.

   (E)   Zoning And Subdivision Regulations: The zoning and subdivision regulations 1 , and subsequent amendments thereto, as officially adopted by the City, shall apply to the area of City impact within the unincorporated area of Minidoka County, Idaho. (Ord. 919, 1978)

   (F)   Building Permits And Water Systems:

      1.   Where individual water system approval is required or where individual subsurface sewage disposal systems are needed, the necessary permits shall be obtained from the Minidoka County Health Authority prior to the building permit being issued.

      2.   All building permits issued in the unincorporated area of the City of Burley Impact Area in Minidoka County, shall be issued by the Burley Building Inspector and all fees paid thereby shall be retained by the City. (Ord. 926, 12-18-1978)

   MAP OF AREA OF CITY IMPACT/MINIDOKA COUNTY

(Ord. 919, 1978)