Ordinance - 1996 - 273 - Amend Title 9 - 03/26/1996ORIGINAL
ORDINANCE NO. 273
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, ADDING A DEFINITION OF
PRIVATE ROAD TO SECTION 9-1-6, AMENDING SECTION 9-3-2-1:I OF THE EAGLE
CITY CODE TO ALLOW PRIVATE STREETS; ADDING A NEW SECTION 9-3-2-5 TO
THE EAGLE CITY CODE SETTING FORTH THE FINDINGS REQUIRED TO BE MADE
BY THE COUNCIL IN ORDER TO APPROVE A PRIVATE STREET AND FURTHER
SETTING FORTH THE CONSTRUCTION AND DESIGN STANDARDS FOR PRIVATE
STREETS; AMENDING SECTION 9-5-4-3:B OF THE EAGLE CITY CODE TO ALLOW
PRIVATE STREETS IN PLANNED UNIT AND CONDOMINIUM SUBDIVISIONS; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, as follows:
Section 1: That Section 9-1-6 of the Eagle City Code be, and the same hereby is, amended
by adding a definition of a private street as follows:
PRIVATE STREET
A right-of-way which provides access to adiacent properties
under separate ownership and which is not dedicated to or,
officially accepted by a public entity. but not including a
driveway as defined in Section 9-3-2-1:J of this Code..
Section 2: That Section 9-3-2-1:I of the Eagle City Code be, and the same hereby is,
amended to read as follows:
I. Private Streets. Private streets may be permitted in accordance with the provisions,
of Section 9-3-2-5 of this Cod
Section 3: That a new Section 9-3-2-5 be, and the same hereby is, added to the Eagle City
Code, to read as follows:
9-3-2-5: Private Streets: Private streets may_ be permitted. in the discretion of the
Council. subiect to the following:
A General Required Findings: Private streets may be permitted when the Council finds
that the private street is in compliance with each of the following standards:
Unigjie or special circumstances exist with respect to. by way of example but not
limitation. the proposed use. design. location. topography. or other features of the
development or its surrounding_ s such that private streets will serve to enhance the
overall development;
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2 The private street provides safe and effective movement of both vehicular and,
pedestrian traffic:
2 The private street provides adequate access for service and emergency vehicles;
4 The private street does not adversely affect access or good transportation planning
to adiacent property and to the area travel networks:
The private street does not landlock adiacent property due to topography or parcel
layout:
Cz Other than to provide emergency access. the private street does not connect one
public street to another. encouraging travel through the development served by the
private street: and
7 The use or alignment of the private street does not interfere with the continuity of
public streets.
8. An appropriate mechanism has been established for the repair and maintenance of
the private street. including provisions for the funding thereof.
B Construction and Design Standards. Private streets shall conform to the following
construction and design requirements:
All private street construction shall be in accordance with Ada County Highway
District's structural standards for streets including base course and asphaltic concrete
mat thickness utilizing the appropriate traffic index. and shall further be in
accordance with Ada County Highway District's intersection design and drainage
reauirements.
2 Except as may be otherwise set forth in this Section. private streets shall meet such
design and dimensional requirements as the Council may determine are appropriate
consideringthe proposed use and the site upon which the private streets are to be
placed. including. in the discretion of the Council. provisions for sidewalks. curbs.
and gutters. provided. however. that all private streets shall contain travel lanes a
minimum of twelve (12) feet in width and shall otherwise provide for the safe.
convenient and effective movement of both vehicular and pedestrian traffic.
aThe design engineer shall identify on the construction drawings for the review and
normal by the City Engineer. all traffic signs needed for the proiect. including but
not limited to designated parking and no parking areas. speed. stop. and such other
signs as are required for safe pedestrian and vehicle travel.
4„ All private streets shall. during the progress of construction, be inspected and tested.
at the expense of the owner or developer. by a qualified inspector in order to insure
compliance with the construction and design standards set forth in this section. the
2 3nroe
construction drawings as prepared by the Registered Professional Engineer. and
good engineering and construction practices. Reports of such inspections and tem
shall be submitted. together with a certification of such compliance. for the review
and approval by the City Engineer.
All private streets shall originate in a public right of way and terminate in a public
right of way. or at one of the following approved turn -around areas:
& A cul-de-sac in which islands may be designed subject to the approval of the
Eagle Fire District and City Engineer and provided further that proper
maintenance of the island is provided for}
b A hammerhead/Tee type turn -around or as may be otherwise approved by the
Eagle Fire District and the City Engineer: or
c Such other turn -around area as may be approved by Council.
6. Unless expressly provided. none of the provisions of Chapters 3 and 4. Title 9. shall
be applicable to private streets. Notwithstanding the foregoing. the provisions of
Sections 9-3-2-4 and 9-4-1-4 of this Code shall be applicable to private streets.
7 The design of all private streets and related storm drainage facilities shall be
prepared by a licensed professional engineer in the State of Idaho in substantial
conformance with engineering and design standards in effect at the time of
preparation of the design. Construction drawings. together with a certification of
such conformity. shall be submitted for the review and approval by the City
Engineer. No part of Section 9-3-2-5 shall be construed as allowing a private street
that is not in conformance with current engineering and design standards.
C Access and Maintenance Regyirements. Provision shall be made for the future
maintenance of and access to private streets as follows:
L A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefore prepared by a licensed professional engineer in the State of Idaho, together
with a proposed method for funding the same. including but not limited to the
creation and maintenance of a reserve fund for that purpose. shall be submitted to
the city council for review and approval prior to execution of the final plat by the
city.
2 The location of the private street shall be clearly depicted on the face of the plat and
notes shall be included on the face of the plat which shall (1) act to convey to each
lot owner within the subdivision to be served by the private street the perpetual right
of ingress and egress over the described private street. (2)_provide that such
perpetual easement shall run with the land. and (3) provide that the restrictive
covenant for maintenance of the private street cannot be modified and the
- 3 - 3/7/96
homeowners/property owners association or other entity cannot be dissolved without
the express consent of the City of Eagle.
3 A restrictive covenant for repair and maintenance of the private street shall be
recorded at the time of recording the plat which said covenant shall create a
homeowners/pronertv owners association or substantially similar entity and make
provision for the Perpetual maintenance of the private street in accordance with the
approved plan as provided for in Subsection C.1. hereof. Said restrictive covenant
shall also provide that the said covenant shall run with the land and that the said
covenant cannot be modified and that the homeowners/property owners association
or other entity cannot be dissolved without the express consent of the City of Eagle.,
The said restrictive covenant shall be reviewed and approved by the City Attorney_
prior to certification and signing of the final plat by the City Engineer.
4 The Council may. in the reasonable exercise of its discretion. order the owners or
the entity responsible for the maintenance of any private street approved in
accordance with the provisions of this Section to undertake such repair and
maintenance activities as it may determine is necessary to protect the Public health,
safety. or welfare and make such expenditures from the funds reserved therefore as
may be reapired thereby: and the owner or responsible entity shall. as a condition
of approval of any such private street. be deemed to have agreed to comply with
any such order and to reimburse the City of Eagle all of its costs. including attorney
fees. incurred in obtaining or enforcing any such order. Any order entered by the
Council pursuant to this Subsection may be enforced by a court of competent
iurisdiction and the City of Eagle shall be entitled to recover its costs and attorney_
fees incurred in connection therewith.
Section 4: That Section 9-5-4-3:B of the Eagle City Code be, and the same hereby is,
amended to read as follows:
B: Private Streets: Private streets may be Permitted Pursuant to the provisions of Section
9-3-2-5 of this Cod
Section 5: That this Ordinance shall take effect and be in force from and after its passage,
approval, and publication.
DATED this g69 day of 4IVA..)
, 1996.
-4- 3/7/96
Q/1.A w Ia, �r�q
SUMMARY OF
ORDINANCE 273
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, ADDING A DEFINITION OF
PRIVATE ROAD TO SECTION 9-1-6, AMENDING SECTION 9-3-2-1:I OF THE
EAGLE CITY CODE TO ALLOW PRIVATE STREETS; ADDING A NEW SECTION 9-
3-2-5 TO THE EAGLE CITY CODE SETTING FORTH THE FINDINGS REQUIRED
TO BE MADE BY THE COUNCIL IN ORDER TO APPROVE A PRIVATE STREET
AND FURTHER SETTING FORTH THE CONSTRUCTION AND DESIGN
STANDARDS FOR PRIVATE STREETS; AMENDING SECTION 9-5-4-3:B OF THE
EAGLE CITY CODE TO ALLOW PRIVATE STREETS IN PLANNED UNIT AND
CONDOMINIUM SUBDIVISIONS; AND PROVIDING AN EFFECTIVE DATE.
A summary of the principal provisions of Ordinance No. 273 of the City of Eagle, Idaho,
adopted on March 26. 1996 is as follows:
Section 1: Amends Section 9-1-6 of the Eagle City Code to add the definition of a private
street as follows:
PRIVATE STREET A right-of-wav which provides access to adjacent properties
under senarate ownershin and which is not dedicated to or
officially accepted by a public entity. but not including
driveway as defined in Section 9-3-2-1:J of this Code.
Section 2: Amends Section 9-3-2-1:I of the Eagle City Code to read as follows:
I. Private Streets. Private streets may be nermitted in accordance with the
provisions of Section 9-3-2-5 of this Code
r ..1. ':C '147
Section 3: Adds a new Section 9-3-2-5 to the Eagle City Code setting forth General
Required Findings to be made by Council in order to approve private streets, Construction
and Design Standards and Access and Maintenance Requirements.
Section 4: Amends Section 9-5-4-3:B of the Eagle City Code to read as follows:
B. Private Streets: Private streets may be permitted pursuant to the provisions of
Section 9-3-2-5 of this Code shall L. �,. �.l.:L:l:.::.i a.. j r1�.....;1 ....:1 k..d •
comb...:..:..... �..b1:.:�:,,.. �.rblect-t,, ll.� ,. .:�:�.., of this Titte.
Section 5: Provides for effective date.
The full text of Ordinance 273 is available at City Hall and will be provided to any person
for inspection upon personal request during normal office hours.
DATED this 1 day of April , 1996
AT
Y
WER BARBARA MONTGOMERY, CMC
APR -03-96 16:49 FROM:CITY OF EAGLE
CITY CLERK
ID:208+939+6827
CERTIFICATION OF CITY ATTORNEY
PAGE 2/2
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho, hereby certify that
I have read the foregoing Summary of Ordinance No. 273 of the City of Eagle and that the same is
true and complete and provides adequate notice to the public of the contents of, said ordinance.
DATED THI h day of April, 1996.
Fadden
ttorney for the City of Eagle
PROOF Or PUBLICATION
County of Ada
Stale of Idaho
Tere Foley, being first duly sworn, on oalb says she
is the principal clerk of The Valley News -Times, u
newspaper ofgenerulelrcutulion, published weekly
• at Meridian, County of Ada, Sltilc of Yduho;
That the annexed notice was published hi said
newspaper once each and every week for /
consecutive weeks, firs) publication being on the
3,cil day of
19 .
That the said newspaper has been published
conliniiotisly and uninterruptedly in said county
during' a period of more Than sevenly-eight
consecutive weeks prior In the first publication of
the attached nollce.
Principal Clerk
Subscribed and sworn before inc Ibis r 15;1i14
of i9 y(cErr .t
Residence:
Meridian , Idaho
�r(ary Public
My commission expires: March 2000
vvr./
Legal notice of public hearing
City of Eagle, Idaho
NOTICE is hereby given that the
Eagle Planning and Zoning will hold
a public hearing on January 22,
1996 at 7:30 p.m. at the EAGLE
CITY HALL.
The purpose of the hearing is to
consider.
ORDINANCE NO. 273 - AN ORDI-
NANCE OF THE CITY OF EAGLE,
IDAHO, AMENDING SECTION 9-
3-2-1:1 OFTHE EAGLE CITY CODE
TO ALLOW PRIVATE STREETS;
ADDING A NEW SECTION 9-3-2-5
TO THE EAGLE CITY CODE SET-
TING FORTH THE FINDINGS RE-
QUIRED TO BE MADE BY THE
COUNCIL IN ORDER TO AP-
PROVE A PRIVATE STREET AND
FURTHER SETTING FORTH THE
CONSTRUCTION AND DESIGN
STANDARDS FOR PRIVATE
STREETS; AMENDING SECTION
9-5-4-3:B OF THE EAGLE CITY
CODE TO ALLOW PRIVATE
STREETS IN PLANNED UNIT
AND CONDOMINIUM SUBDIVI-
SIONS,
APPLICATION: City of Eagle
A specific ordinance detailing the
above description is on file in the
office of the Eagle City Clerk for
public inspection. Written comments
will be accepted until 5:00 p.m. on
the day of the public hearing.
Publish: January 3, 1996
Barbara Montgomery, CMC
Eagle City Clerk
PROOF OF PUBLICAI'ION
County of Ada
State of Idaho
Tere Foley, being first duly sworn, on oath says she
is the principal clerk of The Valley News, a
newspaper of general circulation, published weekly
at Meridian, County of Ada, State of Idaho;
That the annexed notice was published in said
newspaper once each and every week for
consecutive weeks, first publication being on the
day of
. 199 .
That the said newspaper has been published
continuously and uninterruptedly in said county
during a period of more than seventy-eight
consecutive weeks prior to the first publication of
the attached notice.
Tere Foley
Principal Clerk
Subscribed and sworn bef re me this 9 day
of �-e_./,199
otary Public
Residence: MERIDIAN
My commission expires: MARCH 2000
(SEAL)
Legal notice of public hearing
City of Eagle, Idaho
NOTICE is hereby given that the
Eagle City Council will hold a public
hearing on February 27, 1996 at
7:30 p.m. atthe EAGLE CITY HALL.
The purpose of the hearing is to
consider.
ORDINANCE NO. 273 - AN ORDI-
NANCE OF THE CITY OF EAGLE,
IDAHO, ADDING A DEFINITION
OF PRIVATE ROAD TO SECTION
9-1-6. AMENDING SECTION 9-3-
2-1:1 OF THE EAGLE CITY CODE
TO ALLOW PRIVATE STREETS;
ADDING A NEW SECTION 9-3-2-5
TO THE EAGLE CITY CODE SET-
TING FORTH THE FINDINGS RE-
QUIRED TO BE MADE BY THE
COUNCIL IN ORDER TO AP-
PROVE A PRIVATE STREET AND
FURTHER SETTING FORTH THE
CONSTRUCTION AND DESIGN
STANDARDS FOR PRIVATE
STREETeAMENDING SECTION
9-5-4-3:B OF THE EAGLE CITY
CODE TO ALLOW PRIVATE
STREETS IN PLANNED UNIT AND
CONDOMINIUM SUBDIVISIONS.
APPLICATION: City of Eagle
A specific ordinance detailing the
above description is on file in the
office of the Eagle City Clerk for
public inspection. Written comments
will be accepted until 5:00 p.m. on
the day of the public hearing.
Publish: February 7, 1996.
Barbara Montgomery, CMC
Eagle City Clerk
PROOF OF PUBLICATION
County of Ada
State of Idaho
Tere Foley, being first duly sworn, on oath says she
is the principal clerk of The Valley News, a
newspaper of general circulation, published weekly
at Meridian, County of Ada, State of Idaho;
That the annexed notice was published in said
newspaper once each and every week for
consecutive weeks, first publication being on the
/1 ay of 0 ,199. .
That the said newspaper has been published
continuously and uninterruptedly in said county
during a period of more than seventy-eight
consecutive weeks prior to the first publication of
the attached notice.
Tere Fofey
Principal Clerk
S bs ed and rn yre me this / $ day
Residence: ;MERIDIAN
My commission expires: MARCH 2000
(SEAL)
S#tfIiI161ARY OF
ORDINANCE'
AN 0 CE OF THE CITY
OF EAGLE, IDAHO, ADDING A
DEFINITION OF PRIVATE ROAD
TO SECTION 9-1-6, AMENDING
SECTION 9-3-2-1:I OF THE EAGLE
CITY CODE TO ALLOW PRIVATE
STREETS; ADDING A NEW SEC-
TION 9-3-2-5 TO THE EAGLE CITY
CODE SETTING FORTH THE
FINDINGS REQUIRED TO BE
MADE BY THE COUNCIL IN OR-
DER TO APPROVE A PRIVATE
STREET AND FURTHER SET-
TING FORTH THE CONSTRUC-
TION AND DESIGN STANDARDS
FOR PRIVATE STREETS;
AMENDING SECTION 9-5-4-3:B
OF THE EAGLE CITY CODE TO
ALLOW PRIVATE STREETS IN
PLANNED UNIT- AND CONDO-
MINIUM SUBDIVISIONS; AND
PROVIDING AN EFFECTIVE
DATE.
A summary of the principal provi-
sions of Ordinance No. 273 of the
City of Eagle, Idaho, adopted on
March 26, 1996 is as follows:
Section 1: Amends Section 9-1-6
of the Eagle City Code to add the
definition of a private street as
follows:
PRIVATE STREET A richt-of-wav
which provides access to adja-
cent properties under separate
ownership and which is not dedi-
cated to or officially accented by
a oublic entity. but not including
a driveway as defined in Section
9.3-2-1:J of this Code.
Section 2: Amends Section 9-3-
2-1:1 of the Eagle City Code to
read as follows:
I. Private Streets. Private streets
may be permitted In accordance
with the provisions of Section 9 -
cieir
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