Ordinance - 2016 - 753 - Amending 9-3-2-5 - 08/23/2016ORDINANCE NO. 753
AN ORDINANCE OFTHE CITY OF EAG ,I- ADA COUNTY IDAHO, AMENDING EAGI,,E
CITY CODE SIECTION 9-3-2-5TOLIMITJ'HE RESTRICTIONS ON PRIVATE STREETS,
TO PERMIT MIJLTIPLE CONNECTIONS OF PRIVATE STREETS TCS PUBIAC STREETS
WHERE ACCESS IS CONTROLLED AS APPROVED BY THE CITY COUNCIL, ANEW TO
PERMIT THE CITY COUNCIL TO WAIVE OR MODIFY THE STANDARDS AND
RFIQUIREMENTS OF SECTION 9-3-2-5 IN CERTAIN CIRCUMSTANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WI-If,'REAS, the City of Eagle, Idaho is a municipal corporation organized and operating Linder
the laws of the State of` Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish and amend a Subdivision Ordinance; and
WI IERI."AS, the Mayor and Council have determined that good cause exists for amending the
Title 9 Land Subdivisions so as to provide for the provision of private streets; and
NOW, THEREFORE, BE IT ORDAINED BY T14E MAYOR AND CITY COUNCIL OF
THE CITY OF EAGLE, Ada County, Idaho;
Section 1: That Section 9-3-2-5 of the Eagle City Code, be and is hereby amended, in part, to
read as follows with underline text to be added and strike -through text to be deleted:
9-3-2-5: PRIVATE STREETS:
Private streets may be permitted, in the discretion of the council, subJect, to the following:
A. Compliance,: Private streets may provide access to
you cr..ien pei-eent (10-1,4)) o � the an
Lqrcel or lots will,..: - -111, UR . o A- provided the council determines that the private
streets are in compliance with each ofthe f'ollowing standards:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private streets will
serve to eiihance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel layout.
6. Other than to provide ernergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the private street'
Lirovided, however, that in order to provide secondary access, a private street may have more than
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753 Piivate SITeets doc,
One conn more than one public street if access
thereto iscouncil.
7. The use or alignment of the private streets does not interf'ere with the continuity of public
streets,
8. An appropriate mechanism has been established fbr the repair and maintenance of the
private streets, including provisions for the funding thereol".
B. Construction And Design Standards,- Private streets shall conform to the following construction
and design requirements:
1. All private street construction shall be in accordance with Ada County highway district's
structural standards for streets including base course and asphaltic concrete neat thickness utilizing
the appropriate traffic index or as may be: recommended by the city engineer and approved by the
City council, and shall further be in accordance with Ada County highway district's intersection
design and drainage requirements, or as may be recommended by the city engineer and approved
by the City Council.
2. Except, as may be otherwise set forth in this section, private streets shall meet such design
and dimensional requires rents as the council may determine are appropriate considering the
proposed use and the site upon which the private streets are to be placed, however, all private
streets shall contain paved travel lanes a minimum of twelve feet (IT) in width (except as noted
herein) and shall otherwise provide for the safe, convenient, and effective movement of both
vehicular and pedestrian traffic.Vertical curbing, shall be provided for streets that are less than
thirty four fleet (34') in total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-617 of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by tile city engineer, all traffic signs needed for the project, including, but not limited to,
designated parking and "no parking" areas, speed, stop, and Such other signs as are required Im-
sal'c pedestrian and vehicle travel.
5. 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 ensure compliance with
the construction and design standards set forth in this section, the construction drawings as
prepared by the: registered professional engineer, and good engineering and construction practices.
Reports of such inspections and tests shall be Submitted, together with a certification of' such
compliance, for the review and approval by the city engineer.
6. 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 turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1 G of
this chapter and 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 harnrnerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
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KACOUNCIUOrdirunces'Ord 753 hivatc STi "is tkxk
7. 'File design of all private streets and related storm drainage facilities shall be prepared
by a licensed professional engineer in the state in substantial conformance with engineering and
design standards in effect at the time of preparation of the design, Construction drawings, together
with as certification of such conformity, shall be submitted for the review and approval by the city
engineer, No part of this section shall be construed as allowing a private street that is not in
conformance with current engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive standard
shall prevail, unless specifically determined otherwise by the city council.
C'. Access And Maintenance ReqUirernents: Provisions shall be made for the future maintenance
of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities Cor tile period of the expected lifetime thereof' and a cost estimate therefor
prepared by a licensed professional engineer in the state, 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 with the final plat application for review and approval by the city
engineer and city council.
2. The location of the private street shall be clearly depicted on the face of tile plat and
notes shall be included on the face of the plat which shall-,
a. 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;
1). Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners'/property owners' association or other entity cannot
be dissolved without the express consent of the city.
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'/property 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 CI of this section.
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 homeowners7property owners' association or
other entity cannot be dissolved without the express consent of the city. 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 niay determine
is necessary to protect the public health, safety, or welfare and make such expenditures From the
funds reserved therefor as may be required 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 ally
Such order and to reimburse the city all of its costs, including attorney ices, incurred in obtaining
or enforcing any such order. Any order entered by the council pursuant to this subsection may be
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753 Pr ,mc Sueem docx
enforced by a court of competent jurisdiction and the city shall be entitled to recover its costs and
attorney fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all
applicable components of the comprehensive plan.
E. Waiver: The council ma waive ormodifany of the standards oi - requirements oftlus section
y
9-:3-2-5 when tlae private streets Imavc beem7 dctenaained to be an rote gyral element ofthe overall plan
and scheme of the development or will serve to enhance the overall development•, provided,
howe iblic health orsafety.
Section 7: The provisions ofthis ordinance are hereby declared to be severable and ifany provision
of this act or the application of such provision to any person or circumstance is declared invalid
[Ior any reason, such declaration shall not affect the validity of remaining portions of this ordinance.
Section 8: This, ordinance shall take effect and be in force from and after its passage, approval, and
publication as required by law. In lieu of publication of the entire ordinance, a summary thereof in
compliance with Section 50-901 A, Idaho, Code, may be published.
Approved and adopted this 23rd day of August, 2016.
CITY OF EAGLE
Ada County, Idaho
S'l RIDGEWAY
MAYOR qORA
ATTEST:
0
4 TE OV
Aslu
CITY CLERK
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K TOUNCIUOidinanccs'Od 751 Private Streetsdccx
EGEIVED & RLED
GITY OF EAGLE
Valley Times SEP
110 Box 166, Star, Idaho 83669 FIW —L"
I,EGAI, ADVERTISING PROOF OF PUBLICATION
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Account: C 1-1 61� L)( � fication:
Address:6 U,'-) 'i'- C I'v, c,
dates: <7) (0
. . ... . ... iUfi Y�,,, �1(r .Nurnber (inesST) — _A11101.111t Do(v
August 29, 2016
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WHERE , the 10 '"'T %ld (,oltIllcil 11,1,we Ijejprtnined OlUt UPC"'i C
': AS,e 'd in,ovistOtt! Of PrIvat,
title 9 SublivisiOr's Sfl tut; to prov, v
tj R,)RDAINFJ) 13y 'TIJE MAYOR ANI
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Cj,ry ()f, F, A (,I L Y: Idaho;
9-3-2-5 Of d1c le (_,,jj,y J�re and is N
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Underline text t,,) bo,,, added OWt
as 3-2-5,, FRIVA 01 S111tfF,TS� nell, I'm
be PeA,njittcd, in brow:. diSUCti(` ofthe We
'de acccqs to 440-4, *t,
J)rivate Mc0s'Inay PrOVI '04,
t: naltllatMuen, St t
pg)vided die colff
11 ahg :a (11� lots f o
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LIN 4o vvith resiVel to the
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t"Cature", 10 r the developtnent orlt-q SAM,WrKlin
servL to w:aah ttlea tile dcv0k)P1`Rer1l-
cie, ""ge, and drevttvc
,2. i'he private etre is sluill rrovd,�
ptttC
ede,,0644" n4ft't', s'de wajk,�, jinli parking,
s folr seat3, 1,1.oc pj,iT,tttc streets gI)o'll provide adeqUatc Bccla'�s C"s or t
4, "file private StrUCts' 41" 11"t eAversely tlfrc�
to the'0C tf ayo�t nevWorks.
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(i. Othcr ti"'Lol 1k) Ina)"Ic
1,jjed to ;ojiothcr, ther eb y, en C 0 Ut
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n ,Nfall nrivate streets aril related stuni,
Melissa Upton, being duly sworn, deposes
and says: That site is the Principal Clerk of
Valley Times, a weekly newspaper published at
Star, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity of Meridian.
Star, and Eagle, and has been uninterruptedly
published in said County during a period of
seventy-eight consecutive weeks prior to the first
lication of this notice, a copy of which is attached
hereto, and that the notice Was published in
Valley Tirnes, in conformity with Section 60-108,,
Idaho Codes, as amended, for I tirne(s)
in the regular and entire issue of said paper, and
was printed in the newspaper proper, and not in a
supplement; and that said notice was published
on the following dates:
E)
Ending -A- y - (-k -Ly
T
STATE OF IDAHO)
)SS
OUNTY OF ADA
D
I11 this day of,,�� i the year of 2016
before rne, a Notarylublic, personally appeared
i Upton, known or identified to me to be the person
whose name is subscribed to the within instrument,
and being by me first duly sworn, declared that the
rents herein are true, and acknowledged to me that
she executed the same.
Notary Public for Idaho
Residing at S
commission expires: �) i I q