Understanding Area of City Impact (ACI) and its Importance in Urban Planning
Area of City Impact (ACI) plays a crucial role in urban planning, delineating boundaries between city and county jurisdictions to manage development effectively. By implementing specific ordinances and procedures, ACI helps coordinate growth, infrastructure investments, and land use planning for sustainable urban development.
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AREA OF CITY AREA OF CITY IMPACT IMPACT Life on the Edge Life on the Edge Jerry Mason July, 2020
Local Land Use Planning Act (LUPA) Successor to Standard Planning and Zoning Enabling Act pre-Depression Enacted in 1975 modeled after American Law Institute (ABA) prototype Change in 1980 Cooper v. Ada County Cooper v. Ada County Blaha v. Board of Ada County Commissioners Blaha v. Board of Ada County Commissioners (2000) Exclusive jurisdiction outside city rests with board of commissioners
Mandatory procedure (shall adopt) Mandatory procedure (shall adopt) - - 67 67- -6526 6526 Map identifying area (both city and county ordinance) Map identifying area (both city and county ordinance) Separate ordinance applying plans and ordinances for ACI (both city and county) Separate ordinance applying plans and ordinances for ACI (both city and county) Implementation requires total of four separate ordinances Implementation requires total of four separate ordinances County and city ordinances (one by each) describing boundaries of ACI County and city ordinances (one by each) describing boundaries of ACI County and city ordinances (one by each) setting requirements County and city ordinances (one by each) setting requirements Cities cannot carry out Category B or C annexation unless in ACI Cities cannot carry out Category B or C annexation unless in ACI I.C. I.C. 50 50- -222 222 Area of City Impact (ACI)
Why Have an Area of City Impact? Development often happens on a city s fringe City s future is in the hands of the county Doctrine of Separate Sovereignty draws a sharp line In city limits exclusively city jurisdiction Unincorporated area exclusively county jurisdiction Cities invest millions in utilities and streets counties can support or frustrate
Three Options to Implement ACI Application of city plan and ordinances Application of county plan and ordinances Application of mutually agreed upon plan and ordinances Apply Blaha Blaha decision Cities have no authority outside corporate limits Only second and third options remain Only second and third options remain third option must be implemented by county implemented by county third option must be
Article XII, 2 of the Idaho Constitution provides that any county or incorporated county or incorporated city or town city or town may make and enforce, within its limits its limits, all such local police, sanitary and other regulations as are not in conflict with its charter or with the general laws. . Therefore, any reading of the implementing ordinances granting the City the power ordinances granting the City the power to restrict development in the impact area by denying approval of a subdivision application made to the County would be an extraterritorial exercise of jurisdiction by the City and an infringement on the infringement on the constitutional right of the County constitutional right of the County. Excerpt From Blaha Blaha (Separate (Separate Sovereignty) Sovereignty) within
Possible Subjects of Negotiation Possible Subjects of Negotiation Boundary (ies) should be based on clear rationale Allowable uses Development standards Road standards Water system capacity and continuity Sewer methods Fire flows Order of development
Either City or County may demand compliance by written notice Either City or County may demand compliance by written notice start in 30 days. start in 30 days. To all To all Beware starting the dispute resolution procedures Beware starting the dispute resolution procedures Why? Why? Agreements need to be true agreements Agreements need to be true agreements Begins committee of nine process Begins committee of nine process 3 county commissioners 3 county commissioners 3 elected city officials appointed by mayor/confirmed by council 3 elected city officials appointed by mayor/confirmed by council Together Together choose 3 more choose 3 more Failure to Agree ACI negotiations
Develop recommendation in 180 Develop recommendation in 180 days days Refer to respective governing Refer to respective governing boards boards Governing boards have 60 days Governing boards have 60 days to act to act If either fails to implement If either fails to implement other can seek declaratory other can seek declaratory judgment identifying area and judgment identifying area and establishing requirements establishing requirements Factors: (1) trade area; (2) Factors: (1) trade area; (2) geographic factors and (3) geographic factors and (3) reasonable expectation of reasonable expectation of annexation annexation Committee of Nine ( Dispute Resolution )
ACI Details Overlapping ACI Overlapping ACI agree to adjustments or election agree to adjustments or election ACI remains until renegotiated ACI remains until renegotiated if cannot agree, resort to judicial review to judicial review Renegotiation starts within thirty (30) days of request Renegotiation starts within thirty (30) days of request by either party by either party then follow original negotiation then follow original negotiation procedures procedures P P- -Z must review before process moves forward Z must review before process moves forward negotiation or renegotiation negotiation or renegotiation Some thoughts about negotiation (staff, chairman and Some thoughts about negotiation (staff, chairman and mayor, see if agreement is possible) mayor, see if agreement is possible) if cannot agree, resort
Further Details Review status every ten (10) years Review status every ten (10) years Growth not precluded in areas outside ACI Growth not precluded in areas outside ACI Representation from ACI on city P Representation from ACI on city P- -Z required if city regulations apply in ACI regulations apply in ACI question if possible in light of question if possible in light of Blaha Blaha decision decision Allows expansion of P Allows expansion of P- -Z to accommodate more than 13 Z to accommodate more than 13 Z required if city
Practical Considerations Keep the politics in mind county officials don t have authority in cities; city officials don t have authority outside Keep administration simple Personalities can make a difference try to steer around hostility Not a one-and-done process; communication must be constant Patience some decisions may be adverse If can t agree on substance, agree on extensive area and assure communication
Counties are everywhere boundaries set by state legislature Cities have historically been established where urbanization is occurring boundaries set at time of creation Thereafter, only lands that qualify by law are eligible in the discretion of the city council Procedures set by state law Appeals allowed in city-initiated annexations Adding Lands to City by Annexation
Owners often seek access to city- owned utilities Predictability of system extension Protection against inconsistent standards for transportation, etc. Avoid defacto build- up of unserved urban development residents use, but don t pay Why Annexation?
Consequences of Not Annexing Consequences of Not Annexing Gaps in basic systems Inadequate dedication and fee collection for future urban needs Remedial costs may be unaffordable Inequitable sharing of common costs Pressure on county budgets paid by city taxpayers
ACI AN INVITATION TO LISTEN AND COOPERATE
