The purpose for establishing this area of impact is to identify a logical urban fringe area adjoining the city of Cascade, Idaho. The governing bodies of the city of Cascade and Valley County recognize the importance of planning for future growth in the area of impact and understand that the delivery of most public services is, or will be, associated with the city of Cascade. The area of impact is comprised of land that may reasonably be expected to be annexed into the city of Cascade in the near or distant future. The urban fringe area is experiencing growth and development pressures that must be managed in order to provide for planned, orderly, and efficient growth. Furthermore, it is the intent of this agreement to:

   (A)   Set forth a formal mechanism for planning and growth management regardless of jurisdictional boundaries.

   (B)   Consider the interests of both the city of Cascade and Valley County in planning and land use decision making.

   (C)   Engage, involve, and consider the interests of those most impacted by land use decisions, regardless of the jurisdiction in which they may reside. (Ord. 642, 9-27-2010)

The officially adopted and agreed upon area of impact boundary is established by Cascade and Valley County and is set forth on the map titled "City Of Cascade Impact Area", as prepared by John Russell, Idaho professional land surveyor #6021, and revised on August 4, 2010. The "Cascade impact area" is defined as that unincorporated land mass which lies contiguous to the city of Cascade, Idaho, having as its closest boundary to the city, the limits of said city, as they now exist or as they may be altered by future annexation of land to the city of Cascade, and having as its outermost boundary a defined line positioned and described in the city of Cascade and Valley County area of impact agreement, exhibit A, along with the referenced map, both of which can be found at either the city of Cascade or Valley County. (Ord. 642, 9-27-2010)

In the event the city of Cascade or Valley County desires to alter the outermost boundaries of the city impact area, or to change the jurisdiction over said area, it shall do so by renegotiation in accordance with Idaho Code and section 3-8-15 of this chapter. (Ord. 642, 9-27-2010)

All matters beyond the city limits of Cascade within the area of impact, concerning zoning and subdivisions shall be under the guidance of the Valley County planning and zoning commission with the Valley County board of commissioners having final permitting authority. Notice of all developments shall be submitted to the city of Cascade for review and comment. Valley County shall take into consideration all comments in relationship to the future land use map so long as responses are received in a timely manner. (Ord. 642, 9-27-2010)

When property located within the Cascade impact area is contiguous to the city of Cascade and the owner or their agent desire to change the principal land use, the owner must first apply for annexation into the city. A property owner may not purposefully circumvent this requirement by creating a strip of undeveloped land, as determined by the administrator of Valley County. If the annexation is denied then the owner may proceed with an application to Valley County in accordance with this agreement. (Ord. 642, 9-27-2010)

The Valley County comprehensive plan and subsequent amendments thereto as officially adopted by Valley County shall apply within the Cascade impact area as set forth in title 67, chapter 65, Idaho Code. A specific section describing the uses envisioned in the impact area will be included in the plan and depicted on an attached future land use map. (Ord. 642, 9-27-2010)

The Valley County land use and development ordinance and subsequent amendments thereto as officially adopted by Valley County shall apply within the Cascade impact area as set forth in title 67, chapter 65, Idaho Code. All permits within the impact area including, but not necessarily limited to, zone changes, variances, record of surveys, conditional use permits, special use permits, and planned unit developments, shall be reviewed by the Valley County planning and zoning commission with final approval authority resting with the Valley County board of commissioners. (Ord. 642, 9-27-2010)

The Valley County subdivision ordinance and subsequent amendments thereto as officially adopted by Valley County shall apply within the Cascade impact area as set forth in title 67, chapter 65, Idaho Code. Valley County shall modify their subdivision regulations to accommodate different standards in accordance with the city of Cascade. (Ord. 642, 9-27-2010)

Upon receipt of any development request, permit application or discretionary action submitted to Valley County for developments within the city of Cascade area of impact, the county shall deliver a copy of the completed application and supporting documents to the city of Cascade at least forty five (45) days prior to any county public hearing or public meeting.

The city of Cascade will then have the opportunity to review the application and submit recommendations or opinions. These must be submitted in writing to the Valley County planning and zoning commission on official city letterhead at least seven (7) days prior to the county hearing or meeting date.

All official communication between the city and county pertaining to a development proposal within the city of Cascade impact area shall be in writing. If the city does not provide written comment on any particular proposal, then the note "No comment from the City of Cascade" will be entered into the official public record for the affected project. (Ord. 642, 9-27-2010)

All public improvements within the city of Cascade impact area should be designed and constructed according to the city standards for future annexation consideration when appropriate. Valley County should consider adopting city of Cascade public improvement standards for use within the impact area if changes or annexation are requested. City of Cascade water and sewer service may be available subject to city of Cascade service extension policies and city code requirements being met. All costs associated with upgrading or extending main lines and/or connecting to city services will be paid by the landowner or developers according to this code and the fee schedule. (Ord. 642, 9-27-2010)

All building code administration within the Cascade impact area will be conducted by Valley County outside of the present city limits. (Ord. 642, 9-27-2010)

Approach permits, when required, shall be obtained from the Valley County road department or the Idaho transportation department prior to construction of project improvements. Permit requirements must be completed prior to recordation of a final plat or final occupancy of a structure. (Ord. 642, 9-27-2010)

The floodplain ordinance adopted by Valley County shall apply within the Cascade impact area and shall be administered by Valley County. (Ord. 642, 9-27-2010)

Maintenance of public streets within the Cascade impact area shall be the responsibility of Valley County unless otherwise stipulated by written agreement between the county and city. (Ord. 642, 9-27-2010)

The Cascade impact area agreement shall be reviewed by the city of Cascade and Valley County periodically as set forth in the Idaho Code. In accordance with Idaho Code, the Cascade city council or the Valley County board of commissioners may request in writing to renegotiate any provision of this agreement at any time. Within thirty (30) days of receipt of such written request by either party, a meeting between the two (2) parties shall occur. While renegotiation is occurring, all provisions of this agreement shall remain in effect until this agreement is amended or a substitute agreement is adopted by the city of Cascade and Valley County, in accordance with the notice and hearing procedures set forth in title 67, chapter 65, Idaho Code or until a declaratory judgment from the district court is final. Provided, however, that this agreement or stipulated portions thereof, shall be of no further force and effect if both jurisdictions so agree by mutually adopted resolution. (Ord. 642, 9-27-2010)

This agreement shall not be amended, supplanted or repealed except pursuant to section 3-8-15 of this chapter, which requires the renegotiation of the terms of this agreement with Valley County, pursuant to the Idaho Code. (Ord. 642, 9-27-2010)

Should any section, clause, or provision of this agreement be declared by the courts to be invalid, the same shall not affect the validity of the agreement as a whole or any part thereof, other than the part so declared to be invalid. The provisions of the agreement may be enforced by either the city of Cascade or Valley County by virtue of legal action initiated to require specific performance with the terms of this agreement. (Ord. 642, 9-27-2010)

This agreement shall be effective upon passage and publication according to Idaho Code. (Ord. 642, 9-27-2010)