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HomeMy WebLinkAbout[08d] Orderly Annexation Planning Process TOWN OF ST. JOSEPH RESOLUTION NO. CITY OF ST JOSEPH RESOLUTION NO. JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE TOWN OF ST. JOSEPH AND THE CITY OF ST. JOSEPH, MINNESOTA WHEREAS, the Town of St. Joseph (hereinafter referred to as the "Town ") and the City of St. Joseph (hereinafter referred to as the "City "), both located entirely within Stearns County, in the State of Minnesota, have agreed that there is a clear need for a cooperative future planning effort for the land governed by the two jurisdictions; and, WHEREAS, to this end, have met extensively in discussion and study of future planning issues as the Greater St. Joseph Area Committee; and, WHEREAS, the Town Board and City Council have expressed their desire to encourage future development of land near the City so as to avail such development of municipal services as much as is practical; NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual terms and conditions that follow, that the City and Town enter into this Joint Resolution for Orderly Annexation. 1. Designation of Orderly Annexation Area. The Town and City desire to designate the area set forth on the map attached (Exhibit 4) and the legal descriptions attached (Exhibits 1,2 and 3) as subject to orderly annexation under and pursuant to Minnesota Statutes Section 414.0325. 2. Office of Administrative Hearings Jurisdiction. Upon approval by the Town Board and the City Council, this Joint Resolution shall confer jurisdiction upon the Chief Administrative Law Judge of the Office of Administrative Hearings (hereinafter referred to as the "Office of Administrative Hearings") so as to accomplish said orderly annexations in accordance with the terms of this Joint Resolution. 3. No Alterations of Boundaries. The Town and City mutually agree and state that no alterations by the Office of Administrative Hearings of the stated boundaries of the area designated for orderly annexation is appropriate. 4. Review and Comment by the Office of Administrative Hearings. The Town and City mutually agree and state that this Joint Resolution and Agreement sets forth all the conditions for annexation of the areas designated, and that no consideration by the Office of Administrative Hearings is necessary. The Board may review and comment, but shall, within thirty (30) days, order the annexation in accordance with the terms of this Joint Resolution. 5. Planning and Land Use Control Authority. The Town and City mutually agree and state that within thirty (30) days of the effective date of the order establishing the Orderly Annexation area, a board will be established to exercise planning and land use control authority within the designated orderly annexation area pursuant to Minnesota Statutes, Section 414.0325, Subdivision 5c, in the manner prescribed by Minnesota Statutes 1976, Section 471.59, Subdivision 2 through 8, inclusive. The Town and City have executed a Memorandum of Understanding (MOU) cooperating with Stearns County to administer zoning regulations for the purpose of ensuring better consistency in land use regulations and in the implementation of the same. In accordance with the executed MOU as referenced above the Town and City will create a Joint Planning Board which shall have exclusive authority over land use and zoning issues within the OA area. Any issues that would normally come before the Planning Commissions of either the City or the Town that involves land within the boundaries of the orderly annexation area described in Section One prior to annexation will be heard by a Joint Planning Board. Membership of this Joint Planning Board shall be as follows: A. Three (3) members from the City Planning Board B. Three (3) members from the Town Planning Board C. One (1) member of the St. Joseph City Council. D. One (1) member of the Town Board. E. One (1) ex officio member of the County Board or the County Planning Commission The Joint Planning Board shall serve as the "governing body" and "board of appeals and adjustments" for purposes of Minnesota Statutes Section 462.357 and 462.358 within the orderly annexation area. The Joint Planning Board shall have all of the powers contained in Minnesota Statutes Section 462.351 to 462.364, and shall have the authority to adopt and enforce the Uniform Fire Code promulgated pursuant to Minnesota Statutes Section 299F.011. The responsibilities of the Joint Planning Board are those identified in the MOU referenced above and attached as Exhibit 5. 6. Applicable Land Use Controls: Prior to annexation, land use controls for the area designated for orderly annexation shall follow the terms and conditions outlined in the MOU referenced above and attached as exhibit 1; following annexation and upon the Town and City receiving notification from MN Planning that the annexation has been ordered, the ordinances of the City shall control. At this time the City shall serve as the "governing body." 7. Tax Rate for Annexed Property: When undeveloped land is annexed for the purpose of development, the City tax rate shall not apply until a plat has been recorded at the Stearns County Recorder's Office. Until that time the Town tax rate for the Urban Expansion District shall be used. All other properties annexed shall be taxed at the City tax rate upon completion of annexation. 8. Municipal Reimbursement. The City and Town mutually agree and state that, pursuant to Minnesota Statutes 414.036, a reimbursement from the City to the Town shall occur for the taxes collected on and annexed into the City, according to the following conditions: A. All reimbursement will be based on the valuation and tax capacity of the land as it exists in the Town at the time of its annexation. B. The reimbursement on said land shall be based on a five (5) year schedule with a percentage of base taxes reimbursed to the Town as follows: Year 1 60% Year 2 50% Year 3 40% Year 4 30% Year 5 20% C. At the sixth year, and every year thereafter, all pertinent tax revenues will be the property of the City. D. Any circumstances of extreme undue hardship may be cause for re- negotiation of this section on a case -by -case basis. 9. Conditions for Orderly Annexation. A. • Zones 1, 2 and 3 in Prior Annexation Agreements. The December 18, 1997 Annexation Agreement between the City and Town contain three zones which were to be annexed into the City over differing periods of time. The City and Town desire to maintain the zones for purposes of this Agreement. The zones are designated as: ZONE PROJECTED LIFE LEGAL DESC. MAP Zone 1 0 -1 Year (1997 -2002) Exhibit 1 Exhibit 4 Zone 2 6 -10 Years (2003 -2007) Exhibit 2 Exhibit 4 Zone 3 11 -20 Years (2008 -2017) Exhibit 3 Exhibit 4 The City will continue to make reasonable efforts to provide and plan for the possible extension of services into each zone within the projected life of each zone. Once the projected life of a zone has expired, such as is the case for Zone 1, the City may annex the property on the City's own petition for annexation and the annexation shall not be subject to the annexation petition requirements in paragraph 7B below, and shall not be subject to the Criteria for Annexation in paragraph 7C [11 below. The Township shall not object to such annexation petition by the City. Zone 2 will expire on December 31, 2007. Zone 3 will expire on December 31, 2017. Unless a petition of property owners for annexation has been filed with the City pursuant to paragraph 7B below, and the criteria for annexation as established in paragraph 7C below of this agreement is met, the City agrees not to petition for annexation of any area within Zone 2 until December 31, 2007, or unless it is ordered to provide sanitary sewer and /or municipal water services to any areas in said zone by the MPCA or any other state or federal regulatory agency. Unless a petition of property owners for annexation has been filed with the City pursuant to paragraph 7B below, and the criteria for annexation as established in paragraph 7C below of this agreement is met, the City agrees not to petition for annexation of any area within Zone 3 until December 31, 2017, or unless it is ordered to provide sanitary sewer and /or municipal water services to any areas in said zone by the MPCA or any other state or federal regulatory agency. For all areas within the annexation area between the City and Town which are not a part of Zone 1, Zone 2 and Zone 3, the City agrees not to petition for annexation of any area unless a petition of property owners for annexation has been filed with the City pursuant to paragraph 7B, Annexation Petition Requirements, and the Criteria for Annexation as established in paragraph 7C of this Agreement has been met. B. Annexation Petition Requirements. Subject to the exceptions in paragraph 7A above, the owners of at least sixty (60) percent of the parcels of property in the affected area must petition in order for the annexation to be considered. If the owners of sixty (60) percent or more, but Tess than one hundred (100) percent of the parcels of property in the affected area petition for annexation, a joint hearing of both the Town Board and the City Council shall be called to consider the petition. The petition shall not be approved unless both the Town Board and City Council, voting as separate boards, approve the petition seeking annexation. If the owners of one hundred (100) percent of the parcels of property in the affected area petition for annexation, the City Council will, as an agenda item at their next regular Council meeting, review the petition for consideration of annexation. C. Criteria for Annexation. Subject to the exceptions set forth in paragraph 7A above, the City and Township agree that, unless both the Township and City mutually agree to consider a specific annexation request, property will not be annexed unless all three of the criteria stated below are satisfied: 1. A petition for annexation has been received and either 100% of the property owners have petitioned to do so, or the subject property has completed the hearing process as hereinafter set forth, with approval of the proposed annexation being obtained from both the City and Township; and 2. The property for which annexation is sought is contiguous to the City Limits. For the purposes of this requirement, "contiguous" shall mean: a. That the property is sought to be annexed abuts property within the City; or b. That the property sought to be annexed would abut property within the City, but for the existence of an intervening road right -of -way, the existence of the body of a river or the existence of the body of a lake. A road right -of -way (other than as if traversed across its width to get to the property to be annexed as provided for in this paragraph) shall not be used as a basis for a finding that said property abuts or is contiguous to property within the City; or c. If only an apex of the property sought to be annexed abuts property within the City; and 3. The City has immediate ability to extend water and sewer services to the subject property and the property owner has a good faith intent to immediately plat the property for which annexation is sought. That following annexation, but before a building permit is issued by the City for the construction of any structures thereon, City water and sewer services must be provided to the structure for which any building permit is sought. In the event that the City and Township mutually agree to consider an annexation request that does not meet all three (3) criteria established above, at least 60% of the affected property owners must submit a petition for annexation. In that event, a joint hearing of both the Town Board and the City Council shall be called to consider and act on the petition. The petition for annexation shall not be approved unless both the Town Board and the City Council, voting as separate bodies, approve the petition seeking annexation. 10. Periodic Review. The City and Town mutually agree and state that a periodic review of this agreement is to be conducted beginning three (3) years after the effective date of this agreement and every three (3) years thereafter. The Joint Planning Committee as described in Section 5 of this agreement shall be responsible for conducting this periodic review, and shall present a report of said review to both the City Council and Township Board for their consideration of any recommendations. 11. Authorization. The appropriate officers of the City and Town are hereby authorized to carry the terms of this Joint Resolution into effect. 12. Severabilitv and Repealer. A determination that a provision of this joint Resolution is unlawful or unenforceable shall not affect the validity or enforceability of the other provisions herein. Any prior agreement or joint resolution existing between the parties and affecting the property described in the attached Exhibits shall be considered repealed upon the effective date of this Joint Resolution. Upon adoption of this Orderly Annexation Agreement by the City of St. Joseph and Township of St. Joseph, and approval by the Office of Administrative Hearings, the Joint Resolution as to Orderly Annexation, City of St. Joseph and Township of St. Joseph, dated October 2, 1975 and subsequently amended by joint resolution approved by the City of St. Joseph on April 16, 1987, and approved by the Town of St. Joseph on April 27, 1987 and subsequently amended by joint resolution approved by the City of St. Joseph on December 18, 1997 and approved by the Town of St. Joseph on December 29, 1997, shall hereby be considered revoked by the provisions of this Agreement. 13. Effective Date. This Joint Resolution shall be effective upon adoption by the governing bodies of the City and Township and approved by the Office of Administrative Hearings. Approved the day of , 2010, by the Town Board of the Town of St. Joseph. Chair Clerk Approved the day of , 2010, by the City Council of the City of St. Joseph. Mayor Clerk/Administrator Exhibit 1 0 — 5 Year Urban Service Area Section 02- 124-29 S Y2- SWY West ofCR133 Section 03- 124 -29 So. 10 A of NE'/ - SE SE % - SE So. 30 A of SW % - SE So. 30AofSE % -SW % SW'/ - SW'/ Section 04- 124 -29 SE'/ - SE'/ No. of Sly R of Railroad Section 09- 124 -29 NE'/ - NE'/ No. of SIy of Railroad E % So. Of CSAH 75 SIy R/W Less City SY2 -SW'/ E of 1-94 Ely RNV Section 10- 124 -29 E % - NE % No. of NIy R/W of Railroad Less City NE 1 /4 - NW 1 /4 Less City W 1/2 - NW 1/4 Less City SE ' - SW 1/4 Less City S 1/2 - SE % Less City Section 11- 124-29 WY2- NWY Less City E 1/2 - SW % Less City Section 14- 124 -29 N 1/2 - NW ' Less City Section 15- 124 -29 N % - NE' Less City NW ' - NW '/ Less City NE % - NW '/ Less City Exhibit 2 6 —10 Year Urban Service Area Section 02- 124-29 W % -SE'/ NE' /. -SW' E %2- NW'/ -SW'/ Section 03- 124-29 W% -NE% NW' NW'/ - SW' NE'/ - SW'/ NW' - SE' No. 10 A of SE'/ - SW'/ No. 10AofSW'/ -SE' Section 04- 124-29 NE'/ - SE'/ NW'/ - SE'/ E of So. Fork Watab River SW% - SE' SE' - SE'/ So. of SIy RNV of Railroad Section 09- 124 -29 E %2 - NE' So. of SIy R/W of Railroad and No. of NIy R/W of CSAH 75 Less City Section 11- 124-29 W % -E% Section 14- 124-29 NW' - NE'/ W 792 Ft SW % - NE'/ Less Triangle, Containing 20 A. S % - NW' N %2- NW'/ -SW'/ N %2- NE'/ -SW'/ Section 15- 124-29 NW '/ - NW '/ Less City S %2 -NW' N % -SW' Section '/ - SW 1/4 Section 16- 124-29 N %2 -NE'/ Less City S %2 -NE'/ Eof Ely RNV I -94 NW ' E of Ely RNV 1 -94 SE'/ of Ely RNV 1 -94 Exhibit 3 11 — 20 Year Urban Service Area Section 01- 124-29 Entire Section Section 02- 124 -29 NE '/ NW'/ W' /2- NW'/ -SW% E' /2 -SE% Section 03- 124-29 E %2 - NE% NE% - SE% Less SIy 10 A Section 11- 124 -29 E' /2 -E% Section 12- 124-29 Entire Section Section 13- 124 -29 That part of Section 13 North of the Sauk River Section 14- 124 -29 That part of Section 14 North of the Sauk River described as follows: E' /2 - NE'/ E 792 Ft SW'/ - NE'/ Less Triangle, Containing 20 A SE S %2 -SW'/ S%2- NW % -SW SY2- NE % -SW' Section 15- 124 -29 S /2 -NE'/ SE'/ SE' - SW'/ Section 21- 124 -29 That part of Section 21, Northeast of Interstate Highway 1 -94 Section 22- 124-29 That part of Section 22, Northeast of Interstate Highway 1 -94 and North of the Sauk River Section 23- 124 -29 That part of Section 23 North of the Sauk River Exhibit 3 — Cont'd 11 — 20 Year Urban Service Area Area added 2006 Section 04- 124-29 NW '/ NE'/ SW NW 1/4 of the SE'/ Tying West of the centerline of the Watab Creek Section 05- 124-29 That part lying easterly and northeasterly of the easterly and northeasterly right -of -way line of Interstate Highway Number 94 Section 08- 124 -29 That part Tying easterly and northeasterly of the easterly and northeasterly right -of -way line of Interstate Highway Number 94 Section 09- 124-29 NW 1/4 N'h EXHIBIT 4 MAP EXHIBIT 5 MEMORANDUM OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING Revised November , 2010 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF STEARNS THE TOWNSHIP OF ST. JOSEPH AND THE CITY OF ST. JOSEPH (JOINT POWERS AGREEMENT) WHEREAS, Stearns County Land Use and Zoning Ordinance, Number 439 was effective June 22, 2010; and WHEREAS, Section 1.4 of Stearns County Land Use and Zoning Ordinance Number 439 states that this Ordinance shall apply to all areas in Stearns County, Minnesota, "except as otherwise provided in law "; and WHEREAS, Section 9.15 of Stearns County Land Use and Zoning Ordinance Number 439 (Attachment 1 hereto) addresses land use controls applicable in areas subject to orderly annexation areas; WHEREAS, the final plat requirements of Section 5.5 of Stearns County Subdivision Ordinance Number 230; or successor ordinance, shall apply within the Town of St. Joseph orderly annexation areas; and WHEREAS, Minnesota Statutes, Section 414.0325, subd. 5 provides that a joint resolution may provide for the establishment of a board to exercise planning and land use control authority within any area designated as an orderly annexation area; and WHEREAS, the City of St. Joseph (the "City ") and the Township of St. Joseph (the "Township ") have signed such a joint resolution designating a portion of the Town of St. Joseph as an orderly annexation area ( "OA area "), and in addition, have created the Township of St. Joseph - City of St. Joseph Joint Planning Board ( "Joint Planning Board "), which has exclusive authority over land use and zoning issues within the OA area; and WHEREAS, Stearns County (the "County ") the Township and the City desire to enter into a Memorandum of Understanding in order to provide an opportunity to cooperate in administering zoning within the OA area for the purpose of ensuring better consistency in land use regulations and in the implementation of those regulations; and WHEREAS, Minnesota Statutes Section 462.371 provides that any two or more counties, cities or towns may enter into an agreement under Minnesota Statute Section 471.59 for the conduct of regional planning activities under the Municipal Planning Act; and WHEREAS, the County, the Township and the City desire to enter into this Memorandum of Understanding as a joint powers agreement under Minnesota Statute Section 471.59 to ensure mutual understanding of each party to this Memorandum of their respective duties and responsibilities related to land use issues; and WHEREAS, the County, the Township and the City desire to streamline processes and provide efficient level of services to its residents by allowing the County to administer the applications in the OA area for items involving platting, administrative subdivisions, rezoning, variance /administrative appeals, and interim use and conditional use permits. The County will review applications for compliance, collect application fees, publish required legal notices, and will provide recommendations to the Joint Planning Board for consideration herein described in the Attachment 2; and WHEREAS, the County will act as the Zoning Administrator, reviewing and overseeing all relevant zoning related matters in the OA area. They will administer all provisions of Stearns County Ordinances; or successor ordinances within the OA area of the OA area that are not specifically administered or enforced by the Township through this memorandum of understanding; and WHEREAS, the Township will provide building, fire, and electrical code inspection services in the OA area; and WHEREAS, all applicable Stearns County Regulations apply to the OA area unless otherwise specified through the Orderly Annexation Agreement or Memorandum of Understanding; and WHEREAS, the Joint Planning Board will consist of eight members and one ex- officio member as follows: one member from St. Joseph Town Board, three members from St. Joseph Town Planning Commission, one member from City of St. Joseph City Council, and three members from the City of St. Joseph Planning Commission, and one ex- officio member from the Steams County Board or Stearns County Planning Commission, will have final authority on all zoning matter described in Attachment 2 in the OA area; and WHEREAS, upon adoption of this Memorandum of Understanding by the City, the Township and Steams County, the previous MOU executed by the participating entities on the following dates: City of St. Joseph , 20 Township of St. Joseph ,20_ Steams County , 20_ shall hereby be considered rescinded and superseded by the provisions of this agreement. NOW THEREFORE IT IS AGREED, by the County, the Township and the City to cooperate in administering their land use controls as set out in Attachment 2 of this Memorandum of Understanding. In considering land use applications the following additional provisions will apply: 1. The land use controls for the OA Area shall be the Stearns County Urban Expansion District (Section 9.15 of the Stearns County Land Use and Zoning Ordinance No. 439) (Attachment 1), except as limited in Attachment 2. 2. No property within the OA Area shall be rezoned prior to annexation without the approval of both the City and the Township. 3. Additional uses that may be allowed in the OA Area by Conditional Use Permit or Interim Use Permit, shall be those as identified in Attachment 3 which are identical to the uses allowed in the City of St. Joseph Code of Ordinances. County of Stearns Date: By: , Chair Stearns County Board of Commissioners Date: Attest: Randy R. Schreifels Stearns County Auditor - Treasurer Clerk Steams County Township of St. Joseph Date: By: Board Chair, Township of St. Joseph Date: Attest: Town Clerk, Township of St. Joseph City of St. Joseph Date: By: Mayor, City of St. Joseph Date: Attest: City Administrator /Clerk, City of St. Joseph ATTACHMENT 1 SECTION 9.15 STEARNS COUNTY LAND USE AND ZONING ORDINANCE ATTACHMENT 2 A. Land Use and Zoning Ordinance Provisions 1. Residential accessory buildings shall meet the road setbacks and in no case shall they be located closer to the road than the residential dwelling. 2. No residential accessory building shall be located on a lot prior to the location of a residential dwelling on the same lot. 3. Any manufactured home to be used as a residential dwelling unit and located within the Urban Expansion Zone shall be no less than 24 feet in width and shall bear the Seal of Compliance issued by the State of Minnesota. Residential dwelling units shall be no less than 24 feet in width. 4. The transfer of residential development rights within the Township is prohibited in the OA area. 5. The transfer of residential development rights from another Township into St. Joseph Township is prohibited in the OA area. 6. The transfer of residential development rights from St. Joseph Township into another Township is prohibited in the OA area. 7. The following uses (as such are defined in the Stearns County Land Use and Zoning Ordinance) which are permitted or provisional uses in the Urban Expansion District shall require a conditional use permit in the OA Area: a. Antennas — TV/Radio Receiving, Short Wave/Private Transmitting b. Essential Services, Transmission Services and Utility Substations c. Animal Feedlot expansions d. Bed and Breakfast Inns e. Government administrative and service buildings f. Home extended businesses g. Home occupations h. Outdoor recreational facilities i. Accessory agricultural buildings that are accessory to an Agricultural Operation j. Accessory residential buildings k. Kennels — private 1. Solar systems m. Structures related to public airports n. Any other uses determined by the Joint Planning Board to be similar in nature and impact to the permitted or conditional uses enumerated herein and which are in harmony with the City of St. Joseph Comprehensive Plan. 8. The following uses as such are defined in the Stearns County Land Use and Zoning Ordinance) which are permitted or provisional uses in the Urban Expansion District shall require an interim use permit in the OA Area: a. Temporary uses /Special Events b. All uses under Section 9.15.7 of the Stearns County Land Use and Zoning Ordinance c. Any other uses determined by the Joint Planning Board to be similar in nature and impact to the conditional or interim uses enumerated herein and which are in harmony with the City of St. Joseph Comprehensive Plan B. Administrative Roles & Responsibilities 1. The County shall review all applicable Ordinances, in the OA area, determining the appropriate levels of approval necessary for the applicant to proceed. They will review the applications for compliance and determine whether there is sufficient information for them to proceed. 2. The County will administer the applications in the OA area for items involving platting, rezoning, variance /administrative appeals, administrative subdivisions, interim use and conditional use permits. The County will review applications for compliance, collect application fees, develop the required legal notices, send the notification labels to the Township, and will provide recommendations to the Joint Planning Board for consideration. The County will collect the entire application fee and will reimburse the Town and the City their portions of the fee. The County's fee will consist of staff time and materials. 3. The Township will set the public hearing for the Joint Planning Board by sending out property owner notifications on joint City /Township letterhead. The County will send the notification to the official newspaper for publications. The Town and the City will post the public hearings in their respected jurisdictions. 4. The County will review any preliminary plat application with the Stearns County Platting Committee. The committee will provide the notice of the meeting to the City and the Township. 5. The County will forward the application and the Department's review to the City and Township for consideration at the Joint Planning Board public hearing. 6. The County will forward recommendations to the Township and the City. Recommendations will be based on the County's review of applicable regulations that apply to the OA area. Additional recommendations from the Township and the City can also be included based on any additional applicable regulations they have that would potentially impact the OA area. 7. The Township and the City will schedule bi- monthly meetings to be held on an as needed basis for the Joint Planning Board. The Town Board and the City Council shall establish fees for regular and special meeting of the Joint • Planning Board. 8. The Joint Planning Board will serve as the Board of Adjustment in the OA area and shall hold the public hearings on all applications for conditional use /interim use permits, variances, rezonings, platting, administrative subdivisions and administrative appeals. Except for rezonings, the Joint Planning Board who will have final authority on all matters listed above except that any aggrieved person or persons shall have the right to appeal within thirty (30) days, after receipt of notice of the decision, to the Stearns County District Court. The Joint Planning Board shall serve as an advisory board and shall make recommendations on rezonings which shall be submitted to the Township and the City for final decision. Rezonings shall require the approval of both the Township and the City at a joint meeting. 9. The City and the Township will alternate staffing the Joint Planning Board meetings. Each party will agree to rotate the responsibility on an annual basis and will prepare agendas, take the minutes of the meetings, and handle the appropriate paper work associated with the meeting including notifying and recording the necessary permits associated with the action of the Joint Planning Board. 10. The County will issue site construction permits, and will issue preliminary enforcement letters to anyone not in compliance with the provisions set forth in zoning regulations or any other additional restrictions established by the Joint Planning Board. Further enforcement actions will be brought before the Joint Planning Board. Any relevant information will be forwarded to the Township and the City. 11. The Township shall issue all building permits, and conduct building inspections for each permit issued. The Township will provide the County and the City with copies of permits and inspection reports for any permit issued therefore on a monthly basis. 12. Any inconsistencies within the OA area will be brought to the attention of the Joint Planning Board for resolution. 13. Any ordinance revisions affecting the OA area shall be reviewed by the Joint Planning Board prior to adoption. 14. The Joint Planning Board shall regularly review the City of St. Joseph Comprehensive Plan. 15. This Memorandum of Understanding may be terminated by mutual agreement, however, if the parties are unable to mutually agree, then any party can unilaterally without cause terminate the Memorandum of Understanding on ninety (90) days written notice. 16. The parties shall obtain liability coverage for the activities to be conducted by the Joint Planning Board. The cost of such coverage shall be split equally by the City, the County and the Town. ATTACHMENT 3 The purpose of this attachment is to identify future land uses for property in the OA Area. The areas have been identified with a Planning District Number which corresponds to the City of St. Joseph Comprehensive Plan. The uses allowed in the district are the same uses identified in the City of St. Joseph Code of Ordinance. When reviewing a land use application in the OA Area, the documents listed above should be reviewed to assure that permitted uses have not changed. This attachment is an illustration of uses at the time of execution of this agreement and are subject to change as the documents are amended.