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478122 MOSCOW AREA OF CITY IMPACT AGREEMENT INTERIM AGREEMENT This AGREEMENT, by and between LATAH COUNTY, a political subdivision cf the State of Idaho and the CITY OF MOSCOW, a municipal of the State cf Idaho, provides for an Area of City Impact: around the City of Moscow, Idaho. WHEREAS, the Local Land Use Planning Act as enacted by the Idaho slature, I.e. 67-6501 et. seq., requires adoption of an ''area of citď{ impact" around each city; and VVHEREAS, Latah County and the Cicy of Mosco\v have coordinated land use planning as provided by the Moscow Area of City Impact Agreement since January 11, 1993; and WHEREAS, the district court, State of Idaho, County of Latah has ruled that the Area of Impact Ordinance, Latah County Ordinance #122 as amended, is unconstitutional; and WHEREAS, the unconstitutionality of Latah County Ordinance #122 as amended leaves the Moscow Area of Impact without a current Zoning or Subdivision Ordinance; and WHEREAS, the lack of land use ordinances in the City of Moscow Area of Impact could have dire financial, land use, environmental, and quality of life effects upon the City of Moscow, Latah County, and their residents; and WHEREAS, on June 3 o, 2 003, Latah County adopted an emergency ordinance, Latah County Ordinance #243, which requires that Latah County perform the final, substantive review of every decision made by the City of Moscow in the area of impact; and WHEREAS, this interim Area of Impact Agreement is intended to replace the existing agreement and incorporate the changes made by Latah County Ordinance #243, thus putting into place a temporary, constitutional procedure for land use applications and permits in the Area of Impact; and WHEREAS, Latah County and the City of Moscow intend to adopt a renegotiated agreement prior to the expiration of Latah County Ordinance 243, which expires one hundred twenty (120) days from t adoption date; AREA OF IMPACT P_GREEMENT - II'JTERIM 1 ---PAGE BREAK--- NOVĎ THEREFORE, the City of Moscow and Latah County hereby agree as follows: Section l: area This ordinance shall affect the unincorporated County within the following sections: Sections 3, of Latah 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, North, Range 5 West, B. Sections 1, 12, 39 North1 Range 6 West, B.M.; and Sections 40 North, Range 5 West, B. M. SECTION 2: DEFINITIONS and 30, 13, and 31, 32, 4, 5, 6, 7, Township 39 24, Township 33, Township The following words when used herein shall have these meanings: AREA shall mean the City of Moscow's Area of City Impact; BOARD shall mean the Board of Latah County Commissioners; CITY shall mean the City of Moscow; and COUNTY shal.l mean Latah County. SECTION 3: GOVERNING PLAN AND ORDINANCES 3.01 The City's Comprehensive Plan, Zoning, Subdivision, and Mobile Home Park and RV Park Ordinances are adopted by the County for the Area, with the following exceptions: the City's mobile home installation standards and building standards. 3. 02 No amer1drnents of the Comprehensive Plan or the Zoning, Subdivision, and Mobile Home Park and RV Park Ordinances in the Area shall be effective until adopted by the City as required by its ordinances and thereafter by the County. SECTION 4: 1\.DMINISTRATION OF THE AREA OF CITY IMPACT 4. 01 The Board authorizes the City to administer the governing plan and ordinances for the Area and the Board authorizes the City Planning and Zoning Commission, the City Board of Adjustment, and the City Council to make initial decisions, subject to Section 5. 01. The Board also authorizes the ARE?. CF IMPACT AGREEMENT IJ:JTERIM 2 ---PAGE BREAK--- Ci to ini+:ially issue all zoning, subdivision, and mobile home park and RV park permits required by the adopted regulations1 collect fees subject to Section 5.01 and for all adrninistrative duties of those charged in the City). to charge and (not in excess 4. 02 All zor1ir1g 1 subdivision, and mobile home park a_nd RV park applicat-ons in the Area shall be processed by the City in accordance with the application procedures of the adopted ordinances, with the exception of the City's appeal processes, which shall not apply to applications in the Area. 4.03 When considering representation on shall as nearly population living matters pertaining to the City Planning and as possible, reflect within the Area as population living within the City. the Area, vooing Zoning commission the ratio of compared to the SECTION 5: REVIEW &D APPEAL PROCESS 5. 01 Conditional use permits, variances, planned unit developments, subdivision applications, and any other application or permit in the Area of Impact shall De forwarded by the City to the County for review within ten (10) days of the City's initial decision. Additionally, any appeals from initial decisions by the City will be made to the County by delivering a written notice of appeal to the County Planning and Building Department within fifteen (15) days of the City's initial decision. In reviewing an initial decision or in considering an appeal, the County has unlimited authority to reverse, modify or affirm the City's initial decision. The County rr1ay attach or remove conditions and may also hold its own public hearing. If the County intends to modify or reverse an initial decision by the City, it shall hold its own public hearing. 5. 02 Final decisions by the County made under Section 5. 01 may be subject to judicial review. SECTION 6 : ENFORCEMENT P..REJ\. OF IMPACT AGREEMENT INTERIM 3 ---PAGE BREAK--- ?he County may take legal action to enforce land use regulations within the Area, or may designate/appoint the City Attorney to c::ake enforcement action or1 bet'1al f of the County. SECTION 7: BUILDING PERMITS 7. 01 The Cour1ty will issue building permit:s and mobile horne installation permits in the Area and shall forward copies cf these applications to the City immediately. The City shall review these applications for compliance with zoning, subdivis or mobile home park ordinances within the Area. The City shall indicate compliance or non-compliance without unreasonable aečay. If the City has failed to indicate compliance er non-compliance or to request a time extension within one week of receipt, the County may assume compliance. 7.02 The County shall collect and pay the City a for review regarding building compliance subdivision and mobile home park regulations. reasonable fee with zoning, SECTION 8. 8. 01 This RENEGOTIATION agreement shall be of either renegotiated at any time upon party. This written request written request shall set forth the changes in the agreement sought by the requesting party. If the adopt the requested changes for renegotiation set forth be implemented. other party has not agreed to within 180 days, the procedure in Idaho Code §67-6526(b) shall 8.02 It is the intent renegotiated prior of the parties that to October 28, 2003. this agreement be IN WITNESS WHEREOF, the City, Clerk, and the County, by Commissioners, dated. 1ayor have executed ?XREA OF IMPACT PYGREEMENT - INTERIM by and through its Mayor and City and through the Board of County this agreement to be effective as 4 ---PAGE BREAK--- LATAio COUNTY: Chair County Commissioner . zZit2ctf;l TČm S. Stroscnein Commissioner I do hereby certify that !he toregolng is a true copy of the original docuropnlr;: on record in thi!} ·effipe.pne lhis - - day of cY1 20 Susalf Pete)n Exofficio Auditor & Record« Latah County, Idaho OF IMPACT AGREEME1'JT - INTERIM ATTEST: r J (1 iLLCk, a L Cl euK'/Deput y Clerk\ Date signed 5