The purpose of this chapter is to establish an area of impact for the city of Franklin. This action is required by laws to promote the health, safety and general welfare of the citizens of Franklin and Franklin County by:

   A.   Ensuring that development in the established areas of impact of the city has no adverse impact on the municipal water supply and does not increase potential for flooding, contamination or damage to the city's wellhead and watershed protection area;

   B.   Ensuring that development in the established area of impact of the city limits does not impose an unnecessary fiscal burden on residents of the city, by generating demands for new and improved public facilities;

   C.   Ensuring that growth in the established area of impact of the city limits is planned and managed in an orderly fashion;

   D.   Ensuring that development in the established area of impact of the city does not unduly impact residents' enjoyment of their homes, create safety hazards, or necessitate major street improvements. (Ord. 2005-10-12, 10-12-2005)

The officially adopted and agreed upon areas of impact for the city of Franklin are shown on the map attached to the ordinance codified herein. The area of impact will include one-half (1/2) mile outside of the current city boundaries to the west, north, and east of Franklin. South of the current Franklin city limits, the area of impact will extend one mile to the Utah state line. The area of impact also includes the city's water transmission lines and the area is identified as twenty five feet (25') on either side of the water transmission lines from the water sources and prohibits building structures that might prevent normal maintenance and replacement of the water transmission lines.

The wellhead protection area is identified on the map and description from the Franklin city source water protection plan attached to the ordinance codified herein. (Ord. 2005-10-12, 10-12-2005)

The comprehensive plan and subsequent amendments thereto as officially adopted by Franklin County shall apply to the area of impact within the unincorporated area of Franklin. Both the city and county shall amend their comprehensive plans to be consistent with this agreement, if required. (Ord. 2005-10-12, 10-12-2005)

The subdivision ordinance and subsequent amendments thereto as officially adopted by Franklin County shall apply within the area of impact. (Ord. 2005-10-12, 10-12-2005)

   A.   The county of Franklin shall be responsible for the administration and enforcement of the county's ordinances where they apply.

   B.   All proposed subdivision development plats or any development requiring a building permit under county ordinances situated within the area of impact shown on the map attached to the ordinance codified herein shall be submitted to the city for review and comment at least fifteen (15) days before the first official decision regarding the subdivision or development is to be made by the county.

   C.   Maintenance of public streets located in the area of impact shall remain the responsibility of Franklin county and the state of Idaho, unless otherwise stipulated by written agreement between Franklin County, state of Idaho, and city of Franklin.

   D.   Law enforcement and fire services in the area of impact shall remain the responsibility of Franklin County, unless otherwise stipulated by written agreement between the county and/or fire district and the city of Franklin. (Ord. 2005-10-12, 10-12-2005)

No permanent building or structure shall be placed within twenty five feet (25') of the Franklin city water transmission line. The following development is not permitted within the source watershed protection areas:

   A.   Animal confinement operations (ACOs) as defined by Franklin County ordinance 2002-2.

   B.   Within the source water protection area as identified on the source water protection map, the minimum size for a parcel of land will be five (5) acres. If smaller parcels are proposed, the developer or property owner must perform a nutrient-pathogen evaluation at their expense. The findings of the nutrient-pathogen evaluation will be evaluated by the Idaho DEQ organization. If the nutrient-pathogen evaluation indicates a smaller parcel will not negatively affect the city of Franklin's watershed, the city and county may agree to a smaller parcel for the specific project area studied in the nutrient-pathogen evaluation. (Ord. 2005-10-12, 10-12-2005)

The area of impact agreement may be reviewed 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. 2005-10-12, 10-12-2005)