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MOSCOW AREA OF CITY IMP ACT AGREEMENT This AGREEMENT, by and between LATAH COUNTY, a political subdivision of the State of Idaho and the CITY OF MOSCOW, a municipal corporation of the State of Idaho, provides for an Area of City hnpact around the City of Moscow, Idaho. WHEREAS, the Local Land Use Planning Act as enacted by the Idaho Legislature, I. C. 67-6501 et seq, requires adoption of an "Area of City Impact" around each city; and WHEREAS, Latah County and the City of Moscow adopted an Area of City Impact in January, 1993, and have coordinated land use planning as provided by that Agreement since that date; and WHEREAS, on July 10, 2003, in response to a ruling by the district court finding portions of Latah County's ordinance adopting the Area of Impact unconstitutional, Latah County and the City of Moscow entered into a revised, interim Area of Impact Agreement and both Latah County and the City of Moscow adopted emergency ordinances thus enacting a temporary, constitutional procedure for land use applications and permits in the Area of Impact; and WHEREAS, Latah County and the City of Moscow have renegotiated the Area of City Impact and have agreed to the policies and procedures set forth herein; and WHEREAS, Latah County and the City of Moscow adopted the new Area of City Impact agreement and ordinances in January of 2004; and WHEREAS, in 2006, as per section 8 of this agreement and the Area of City Impact Ordinance, the City of Moscow requested to renegotiate to ask the County to adopt the ordinances the City adopted since January 2004 and to modify the Area of City hnpact Agreement and Ordinance to allow for a 23 day return period on Quasi-judicial applications; NOW THEREFORE, the City of Moscow and Latah County hereby agree as follows: SECTION 1: AREA This Agreement shall affect the unincorporated area of Latah County within the following Sections: Sections 4, 5, 6, 7, 9, 16, 19, 20, and 21, Township 39 North, Range 5 West, B.M.; Sections 12 and 13, Township 39 North, Range 6 West, B.M.; and Section 32, Township 40 North, Range 5 West, B.M., as depicted on the attached map, and as provided in Latah County Ordinance 246 and Moscow City Ordinance #2004-02, which have been adopted pursuant to the provisions ofi.C. 67-6526(a). SECTION 2: DEFINITIONS The following words when used herein shall have these meanings: \lOSCOW AREA OF CITY IMPACT AGREEMENT- 2006 2006-44 ---PAGE BREAK--- 2.1 Administrative requests shall mean applications, requests, determinations, or interpretations other than quasi- judicial and legislative actions as defined herein, such as land or lot divisions, zoning determinations, floodplain determinations, zoning interpretations of the Zoning Administrator or designee, recreational vehicle design reviews, mobile home park design reviews and other administrative actions. 2.2 Area shall mean the City of Moscow's Area of City Impact. 2.3 Board shall mean the Board of Latah County Commissioners. 2.4 City shall mean the City of Moscow. 2.5 Complaints shall mean written requests for enforcement under the ordinances adopted pursuant to Section 3 of this Agreement. 2.6 County shall mean Latah County. 2. 7 Legislative actions shall mean amendments to the zoning map or ordinances, and other similar decisions by a governing board sitting in a legislative capacity, where its decision produces a general rule or policy applicable to an open class of individuals, interests, or situations. 2.8 Non-Area County Ordinances shall mean all other Latah County Ordinances, such as the Latah County Zoning Ordinance, the Latah County Subdivision Ordinance, the Latah County Hearing Procedures Ordinance, and any other ordinance hereafter adopted which supercedes or replaces any of those Ordinances, but not such Ordinances specifically adopted by this Agreement for the Area. 2.9 Quasi-judicial applications shall mean applications for decisions or determinations regarding property located within the Area, which are made by a governing board or its designee sitting in a quasi-judicial capacity, where its decision involves the application of a general rule or policy to specific individuals, interests, or situations, including but not limited to conditional use permits, special use permits, plarmed unit developments, subdivisions, variances, rezones, and other quasi-judicial proceedings. SECTION 3: GOVEħ"JING PLAN AND ORDINANCES 3.1 The City's Comprehensive Plan and Zoning, Subdivision, and Mobile Home and RV Park Ordinances, The City's Comprehensive Plan and Zoning, Subdivision, and Mobile Home and RV Park Ordinances, as well as Moscow City Ordinances #2005-33, #2005- 04, are hereby adopted by the County for the Area, except for the appeals processes contained within the above listed Ordinances. 3.2 No amendments to the Comprehensive Plan or the Zoning, Subdivision, and Mobile Home and RV Park Ordinances shall be effective in the Area until such amendments are MOSCOW AREA OF CITY IMPACT AGREEMENT- 2006 2 ---PAGE BREAK--- adopted by the City and, thereafter, adopted by the County. 3.3 The County has adopted this Agreement in Latah County Ordinance 247 and Latah County Ordinance 273 and the City has adopted this Agreement in Moscow City Ordinance #2004-0 I and Moscow City Ordinance # ;2 uo4 . SECTION 4: ADMINISTRATION OF THE AREA OF CITY IMPACT 4. I The Board authorizes the City to administer the Comprehensive Plan and Ordinances for the Area, as identified in Section 3.1 of this Agreement and to initially review and make recommendations regarding applications, requests for permits, and inquiries made regarding property within the Area. 4.2 All applications, requests for permits, and inquiries regarding property located within the Area, which are made pursuant to the ordinances adopted under Section 3 of this Agreement, shall be made to the County. The County shall charge and collect a fee based upon the attached fee schedule. The completed application, request, or inquiry shall be forwarded to the City within seven days of receipt. The County shall also forward fifty (50) percent of each collected fee to the City without unreasonable delay. 4.3 Following the receipt by the County of an application, request, or inquiry for property in the Area, a joint application conference may be held with the applicant and staff from the City and County to review and discuss the application, request or inquiry. 4.4 Applications, requests, and inquiries shall be processed as follows: 4.4.1 Administrative Requests. 4.4. 1.1 Within thirty (30) days of receipt of an administrative request, the City shall make a recommendation and shall forward that recommendation along with all relevant supporting documentation to the County Plauning and Building Department which shall render a final determination. 4.4. 1.2 The City and County recognize that some administrative requests are informal and can be addressed by City staff without the need of the referral procedure described in Section 4.2 and 4.4. 1.1 of this Agreement. In such situations, the City agrees that it will advise the requestor that the City's interpretation is not final and that, if the person wishes to receive a final determination, the City will refer the matter to the County. 4.4.2 Quasi-judicial applications. 4.4.2. I Quasi-judicial applications shall be reviewed by the City staff and scheduled for a single public hearing before the City Board of Adjustment, City Planning and Zoning Commission, or the City Council. \10SCOW AREA OF CITY IMPACT AGREEMENT 2006 3 ---PAGE BREAK--- 4.4.2.2The City's public hearing shall be videotaped. Any failure of the videotape shall not require that the public hearing be repeated, provided that a transcribable record has been otherwise preserved as required by law. 4.4.2.3 The hearing body shall provide a written recommendation which shall be forwarded, with the record and all supporting materials, to the County within twenty-three (23) days of the close of the hearing. 4.4.2.4 The County may accept, reject, or modify the City's recommendation in whole or in part. In doing so, the County may rely on the record of the City's public hearing, or may hold its own public hearing before the Zoning Commission or the Board of Commissioners. No new testimony will be taken unless a duly noticed public hearing is held. Any public hearing before the County shall be conducted in accordance with the applicable Non-Area County Ordinance and other relevant legal provisions. In the event the County intends to modify the City's recommended conditions, the County agrees that it will hold a public hearing before doing so unless the Board or Commission unanimously agrees that a public hearing is not necessary. 4.4.2.5 Appeals of final decisions by the County Zoning Commission regarding conditional and special use permits may be made to the Board pursuant to the appeal procedures contained within Section 5 of this Agreement. 4.4.3 Inspections. Development or establishment of a land use resulting from approval of a permit application in the Area shall be inspected. The City and County shall work cooperatively in performing inspections to verify compliance with applicable development standards and special conditions of approval. Unless otherwise mutually agreed, the County shall inspect, as part of the building permit inspection process, compliance with building related standards of the Zoning and Mobile Home Codes, such as setbacks, building height, and building size. Further, unless otherwise mutually agreed, the City shall inspect for compliance with other standards of the Zoning, Subdivision, Mobile Home, and Recreational Vehicle Park Codes, or any conditions of approval of an associated quasi-judicial permit application that are not directly related to building construction. Examples of such standards include but are not limited to landscaping, open space, fencing, parking, paving, outdoor lighting, curbing, sidewalks, flood plain, and trash dumpsters. When a technical inspection of such improvement is needed, the City may conduct the inspection or require the applicant to provide a written statement of compliance from an engineer certified in the State of Idaho. Public improvements shall be inspected by the respective public agency which permits or oversees such improvements. The County YlOSCOW AREA OF CITY lMPACT AGREEMENT- 2006 4 ---PAGE BREAK--- retains authority over recognizing the approval of all inspections and certificates of occupancy. 4.4.4 Complaints shall be received in writing by the County. The County shall forward the complaint to the City Zoning Administrator within seven days of receipt. The City Zoning Administrator shall conduct an initial investigation and forward the relevant information collected with an enforcement recommendation to the County within 30 days of receipt of the complaint from the County. All recommendations regarding complaints shall be forwarded to the County, even if the City recommends no enforcement. 4.5 The County shall issue building permits and mobile home installation permits in the Area and shall forward copies of these applications to the City prior to issuance. The City shall review these applications for compliance with the applicable Ordinances. The City shall indicate compliance or non-compliance to the County within one ( 1) week when possible, and in no event longer than thirty (30) days from receipt of the permit application. 4.6 If an application for a Zoning District Amendment, Comprehensive Plan Amendment, or Subdivision Plat for land located within in the Area is received in conjunction with a request for annexation, the application shall be presented, by the applicant, directly to the City, not the County. The City shall collect the appropriate fee in accordance with the fee schedule incorporated herein, except the annexation fee which shall be based upon the City's adopted fee schedule. In the event the property which is the subject of the application is annexed by the City while the application is pending before the City, the City can thereafter make a final determination on the application as though the property had been within the City at the time the application was made. In the event that the annexation is not executed prior to the City's final determination on the application, the City shall forward fifty (50) percent of the previously collected fee, excluding any annexation request fee, with the recommendation, record, and supporting materials to the County within fourteen (14) days. SECTION 5: APPEALS PROCESS 5.1 There shall be no appeal of City recommendations, determinations or interpretations because such recommendations are not final determinations. Appeals from County actions shall be governed by the appeal provisions of Non-Area County Ordinances. Appeals from Special Use Permits shall follow the same appeal process and procedures contained in Non-Area County Ordinances related to Conditional Use Permits. 5.2 Final decisions by the County made under this Agreement may be subject to judicial rev1ew. :V!OSCO W AREA OF CITY IMP ACT AGREEMENT- 2006 5 ---PAGE BREAK--- SECTION 6: ENFORCEMENT The County Prosecuting Attorney may take legal action to enforce land use regulations within the Area. The City will make its staff available and will fully cooperate with the County's enforcement efforts. In certain circumstances the County Prosecuting Attorney may, upon consent of the City Attorney, appoint the City Attorney to take enforcement action in the Area. Any enforcement action taken by the City Attorney shall be on behalf of, and pursuant to the direction of, of the County. SECTION 7: CONFLICT WITH OTHER ORDINANCES To the extent that the processes contained in this Agreement conflict with processes contained in City Ordinances or in Non-Area County Ordinances, the processes contained in this Agreement shall control. SECTION 8: RENEGOTIATION 8.1 This Agreement shall be renegotiated at any time upon written request of either party in accordance with Idaho Code § 67-6526(d). 8.2 It is the intent of the parties that the governing boards shall, at least every ten (10) years, undertake a review of the Area of City Impact Plan and Ordinance requirements to determine whether renegotiations are in the best interests of the citizenry. IN WITNESS WHEREOF, the City, by and through its Mayor and City Clerk, and the County, by and through the Board of County Commissioners, have executed this Agreement to be effective as dated. L TA COUNT J A. "Jack" Nelson Cli ir County CommissionJ?- "Tom S. Stroschein Commissioner ATTEST: Clerk -OlQ Date signed l\!OSCOW AREA OF CITY IMPACT AGREEMENT - 2006 6 ---PAGE BREAK--- CITY OF MOSCOW: MOSCOW AREA OF CITY IMPACT AGREEMENT 2006 7 ---PAGE BREAK--- FEE SCHEDULE Development Permit . . . . . . . . . . . . . . . . . . . . . $40 Conditional Use Permit/Special Use Permit . . . $225 Rezone . . . . . . . . . . $550 Variance . . . . . . $200 Co-Location $50 Comprehensive Plan Amendment... $550 Land or Lot Division . . . . . . . . . . . . . . . . . . $1 00 plus $25 for each additional lot Planned Unit Development . . . . . . . . . . . . . $325 optional workshop $100 Vacations . . . . . . . . . . . . . . . . $275 Subdivision (Full Plat) . . . . . . $525 plus $25 per lot Appeals . . . . . . . . . . . . . . . $1 00 Mobile Home Parks . . . . . . . . . . . . . . $375 plus $5 per lot RV Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $185 MOSCOW AREA OF CITY IMPACT AGREEMENT 2006 8 ---PAGE BREAK--- LATAH COUNTY BOARD OF COMMISSIONERS MOTION AND ORDER P.O. Box 8068 + 522 S. Adams+ Moscow, ID 83843 (208) 882-8580 +Fax: (208) 883-2280 [EMAIL REDACTED] COMMISSIONER _ MOVES THAT THE BOARD: Approve and 7'1signature on the amended Moscow Area of City Impact Agreement as modified in Ordinance #273. ABSENT ABSTAIN John A. "Jack" l'{elson, Chair / Tom S. Stroschein, Commissioner ATTEST: DATE: Clerk eputy Jerk ---PAGE BREAK--- UPDATED: July. 2012 Scale: 1"=1200' Note: Land is typically zoned Agriculture-Forest (AF) unless otherwise stated. R-1 R-2 R-3 R-4 MB FR I SR Color ZONING LEGEND Single Family - 9600 s.f. Single Family - 7000 s.f. Duplex Multiple Family Rural Residential Highway Business Industrial Farm - Ranch - Transitional AF Agriculture - Forestry City Area of Impact Zone Boundary Section Boundary State Boundary City Limit Creeks/Ponds/Drainages The City of Moscow accepts no liability for the accuracy of this drawing. Any and all information shown must be verified by the user.