The purpose of this section is to establish an area of city impact for the city within the unincorporated area of Franklin County. The adoption of an ordinance for the area of city impact shall:

1. Ensure that development in the area of city impact has no unreasonably adverse impact on the city's municipal water supply;
2. Ensure that development in the area of city impact has no unreasonably adverse impact on or unduly increases the potential for flooding, contamination of groundwater, surface water, fish and wildlife habitat, and protects spring sources, wellhead and watershed protection areas;
3. Ensure that development in the area of city impact has no unreasonably adverse impact on land use areas within the city;
4. Ensure that development in the area of city impact has no unreasonably adverse impact on residents of the city or the county by generating demands for new and improved publicly-funded facilities in the area of city impact;
5. Ensure that development in the area of city impact has no unreasonably adverse impact by increasing traffic routed through the city or county, thereby unduly impacting residents' enjoyment of their homes, or creating safety hazards, or necessitating major street improvements at public expense;
6. Take into full consideration trade areas of the city, geographic factors, and areas that can reasonably be expected to be annexed in to the city in the future;
7. Ensure the rights of county residents to make reasonable use of their property.
8. All items are for comment only whether it pertains to the city or the county.

(Ord. No. 2017-2, § 1, 2-27-2017)

Establishment of an area of city impact is provided for in the Local Land Use Planning Act, Idaho Code Section 67-6526.

(Ord. No. 2017-2, § 2, 2-27-2017)

The area of city impact is hereby adopted as the area designated on the attached area of city impact map, incorporated herein by reference, and more particularly described as follows, provided that the area described imposes no land use restrictions except as specified in other sections of this chapter.

1. The unincorporated area generally described as the area lying three-quarters (0.75) of a mile north of 800 North Street (1400 North), three-quarters (0.75) of a mile west of 800 West Street (1400 West) following along the meander line of the Bear River at points of intersection between 1400 North to 1400 South, three-quarters (0.75) of a mile south of 800 South Street (1400 South), and three-quarters (0.75) of a mile east of 800 East Street (1400 East).
2. The unincorporated area extending thirty-five (35) feet beyond the centerline of any street or road situated on the boundary of the area of city impact.
3. Fifty (50) feet on each side of the city's water main line(s) from Bergquist Springs to the city's water storage tanks, and from the storage tanks to the city.
4. The watershed protection area and all of the land within three thousand (3,000) feet of Bergquist Springs.
5. The watershed protection area and all the land within one thousand five hundred (1,500) feet of the spring below Glendale Reservoir described in the July 11, 1959 agreement and addendum agreement, dated December 11, 2000, between Preston Eastside Water Company, Preston-Whitney Irrigation Company and the city.

(Ord. No. 2017-2, § 3, 2-27-2017)

The comprehensive plan of Franklin County and subsequent amendments thereto shall apply to the area of city impact, except for any federal lands located in the area of city impact. All other ordinances of the county and subsequent amendments relating to zoning, subdivision, and development shall apply to the area of city impact, unless otherwise stated in this chapter, and except for any federal lands located in the area of city impact. Both city and county shall amend their comprehensive plans to be consistent with this chapter, if required. Any federal lands located in the area of city impact are for reference only and are governed by special use permit between the United States Forest Service and the city.

(Ord. No. 2017-2, § 4, 2-27-2017)

1. Franklin County shall be responsible for the administration and enforcement of the county's ordinances where they apply within the area of city impact.
2. All proposed subdivision development plats or any development or building requiring a permit under county ordinances situated within the area of city impact shown on the city impact map shall be submitted to the city for review and comment at least fourteen (14) days before the first official decision regarding the subdivision or development is to be made by the county.
3. All proposed subdivision development plats or any industrial occupancy requiring a permit from the city which is within one-quarter (0.25) of a mile within the city limits shall be submitted to the county for review and comment at least fourteen (14) days before the first official decision regarding the subdivision or development is to be made by the city.
4. Maintenance of public streets located in the area of city impact shall remain the responsibility of the county and the state, unless otherwise stipulated by written agreement between the county, state, and the city.
5. Law enforcement and fire services in the area of city impact shall remain the responsibility of the county unless otherwise stipulated by written agreement between the county and/or fire district and the city.
6. Animal confinement operations (ACO's) as defined by Franklin County Ordinance No. 2002-2 within the area of city impact should only be allowed with vigilant review and input by both the city and county.

(Ord. No. 2017-2, § 5, 2-27-2017)

The area of city impact shall be reviewed at least once every ten (10) years by the city and county 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. No. 2017-2, § 6, 2-27-2017)