Ordinance - 2002 - 420 - Amend Title 9/Subdivisions - 05/21/2002ORI GINAL
ORDINANCE NO. 420
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING EAGLE CITY
CODE TITLE 9 "SUBDIVISIONS", CHAPTER 4 "REQUIRED IMPROVEMENTS", SECTION 1-6 (F)
"SIDEWALK DESIGN"; AMENDING SECTION 1-12 "GREENBELT AREAS, LANDSCAPE
SCREENING"; AMENDING SECTION 2-2 "GUARANTEE OF IMPROVEMENTS" AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under 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 the Subdivision Ordinance; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending the
Subdivision Ordinance.
WHEREAS, the City of Eagle desires to manage growth and development in the best interests of
its citizens; and
WHEREAS, The City of Eagle proposes to establish criteria for separated sidewalks and parkway
areas; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Section 1: That Title 9, Chapter 4, Section 1-6 (F) of the Eagle City Code be, and the same is hereby
amended with strike -through text to be deleted and underline text to be added as follows:
F. Sidewalk Design:
1. Sidewalks, a minimum five (5') feet wide, shall be required on both sides
of the street; except, that where the average width of lots, as measured at the street
frontage line or at the building setback line, is over one hundred feet (100'),
sidewalks on only one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in
accordance with the standards and specifications of the Ada County Highway
District.
3. Sidewalks shall be separated from the edge of the abutting roadway and /
or back of curb bv a minimum five-foot (5') wide landscape strip. The landscape
strip shall be completed with sod, automatic irrigation, and planted with 3 -inch
minimum caliper shade -class trees along all streets within the subdivision.
Installation of landscaping shall be in accordance with Section 8-2A-7 of this
Code.
4. Trees shall be placed at the front of each lot generally located on each
side lot line. Minor variations to the location of a tree may be considered bv the
Design Review Board during the review of the subdivision landscape plan.
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K:\COUNCIL\Draft Ordinances\Draft Ord 420 separated sidewalks and buffer areas.doe
5. If sidewalk is required on one side of each street only (as provided for in
Title 9, Chapter 4, Section 1-6 F (1)), then the trees on the side of the street with
no sidewalk shall be placed within five feet (5') of the edge of roadway.
6. In zoning districts which prohibit densities greater than one dwelling unit
per two (2) acres and at the Council's discretion. a 4 -foot wide striped path (with
pedestrian designation markings such as diamonds or pedestrian/bicycle symbols)
on both edges of all internal roadways may be permitted in lieu of constructing
sidewalks. Trees shall be placed within five -feet (5') of the edge of roadway.
Section 2: That Title 9, Chapter 4, Section 1-12 of the Eagle City Code be, and the same is hereby
amended with strike -through text to be deleted and underline text to be added as follows:
9-4-1-12: LANDSCAPE BUFFER AREAS :
Greenbelts -or 1 Landscape ing buffer areas, in accordance with Section 8-2A-7 of
this Code shall sereexiag maybe required for the protection of residential
properties from adjacent Yajcv: seecial streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features.
Subdivision plats shall show the location of all buffer anygreenbelt areas.
Section 3: That Title 9, Chapter 4, Section 2-2 of the Eagle City Code be, and the same is hereby
amended with strike -through text to be deleted and underline text to be added as follows:
9-4-2-2 GUARANTEE OF IMPROVEMENTS: In lieu of the actual installation of required the
public improvements required bv this title prior to the City Clerk signing before filing of
the final plat, the City Council may permit the subdivider to provide a surety/financial
guarantee of performance in one or a combination of the following arrangements for
those requirements which are over and beyond the requirements of any other agency
responsible for the administration, operation and maintenance of the applicable public
improvement.
A. *i&t ✓ ix Y::r
the City CourpiA clw surety s• py
by the City ^oarril_
137 Cash Deposit, Certified Check, Negetiable-Bend Certificate of Deposit, or
Irrevocable Bank Letter Of Credit: A cash deposit, certified check, negotiable
bead certificate of deposit, or an irrevocable bank letter of credit (issued bv a local
bank in the Eagle/Boise area), , shame-deposited
-an-agtat a 01st-sorri ;
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K:\COUNCIL\Draft Ordinances\Draft Ord 420 separated sidewalks and buffer areas.aoc
Wil. in the amount equal to one hundred fifty percent (150%) of the
estimated construction costs of public improvements shall be provided by the
owner/developer and held by the City until said construction is complete.
Construction cost estimates shall be reviewed and approved by the City Zoning
Administrator prior to City acceptance of said surety. The surety initiation and
extension fees shall be established by Resolution of the City Council.
Council.
In the case of cash deposits or certified checks, an agreement between the City
Council and the subdivider may provide for progressive payment out of the cash
deposit or reduction of the certified check, negotiable bond or irrevocable bank
letter of credit, to the extent of the cost of the completed portion of the public
improvement, in accordance with a previously entered -into agreement.
B. Completion Time: All public improvements shall be completed within one year
from the date of acceptance of the surety/financial guarantee of performance by the City.
The Zoning Administrator may authorize a delay in the completion of public
improvements during the months of November. December. January. February. and March
due to weather conditions, if at a minimum, the surety is extended.
Notwithstanding the forgoing. no fmal occupancy permit will be issued for any residence
or business, whichever is applicable, until the sidewalk, sod, automatic irrigation, and
street trees required in Section 9-4-1-6 of this Title have been installed along the frontage
of the lot that said residence/business is located upon.,
Section 4: The provisions of this ordinance are hereby declared to be severable and if any provision
of this act or the application of such provision to any person or circumstance is declared
invalid for any reason, such declaration shall not affect the validity of remaining portions
of this ordinance.
Section 3:
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 50-901A, Idaho Code, may be published.
DATED this 21° day of May 2002.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Co rt1 Id. o
Rick Yzaguirre,
ATTEST:
'Yh(9 -.L_
Sharon K. Moore, Eagle City tlerk
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Page 3 of 3
K:\COUNCIL\Draft Ordinances\Draft Ord 420 separated sidewalks and buffer areas.doc
Account: City of Eagle
Address: 310 E. state street
PO Box 1520
Eagle, ID 83616
Attention: Sharon Moore
Page 8
Valley Times
PO Box 1790 Eagle, Idaho
83616
RECEIVED et FILED
CITY OF EAGLE N.
JUL 0 8 2002
LEGAL ADVERTISING PROOF OF PUBLICATION File.
Identification: Ordinance Nd 43Alte t".
Run Dates: 6/18/02
ORDINANCE NO. 420
,ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMEND-
ING EAGLE CITY CODE TITLE 9 "SUBDIVISIONS", CHAPTER 4 "REQUIRED
IMPROVEMENTS", SECTION 1-6 (F) "SIDEWALK DESIGN"; AMENDING SEC-
TION 1-12 "GREENBELT AREAS, LANDSCAPE SCREENING"; AMENDING
SECTION 2-2 "GUARANTEE OF IMPROVEMENTS" AND PROVIDING AN EF-
FECTIVE DATE.
WHEREAS, the City of Eagle. Idaho is a municipal corporation organized and
operating under 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 the Subdivision Ordinance; and
WHEREAS, the Mayor and Council have determined that good cause exists for
amending the Subdivision Ordinance.
WHEREAS, the City of Eagle desires to manage growth and development in the
best interests of its citizens; and
WHEREAS, The City of Eagle proposes to establish criteria for separated side-
walks and parkway areas; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF EAGLE, IDAHO, as follows:
Section l; That Title 9, Chapter 4, Section 1-6 (F) of the Eagle City Code be,
and the same is hereby amended with strike -through text to be deleted and underline
text to be added as follows:
F. Sidewalk Design:
1. Sidewalks, a minimum five (5') feet wide, shall be required on both sides of
the street; except, that where the average width of lots, as measured at the street
frontage line or at the building setback line, is over one hundred feet (100'), sidewalks
on only one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance
with the standards and specifications of the Ada County Highway District.
3. Sidewalks shall be separated from the edee of the abutting roadway and .' or
back of curb by a minimum five-foot (5'1 wide landscape strip. The landscape strip
shall be completed with sod. automatic irrieation. and planted with 3 -inch minimum
caliper shade -class trees alone all streets within the subdivision. Installation of land-
scaping shall be in accordance with Section 8-2A-7 of this Code.
4. Trees shall be placed at the front of each lot eenerallv located on each side
lot line. Minor variations to the location of a tree may be considered by the Design
Review Board durine the review of the subdivision landscape plan.
5. If sidewalk is reauired on one side of each street only (as provided for in Title
9. Chapter 4. Section 1-6 F (11)_ then the trees on the side of the street with no
sidewalk shall be placed within five feet (5') of the edee of roadway.
6. In zonine districts which nrohibit densities greater than one dwelline unit per
two (2) acres and at the Council's discretion. a 4 -foot wide strined Hath (with
pedestrian designation markines such as diamonds or pedestrian/bicycle symbols) on
both edges of all internal roadways may be permitted in lieu of constructtne side-,
walks. Trees shall be placed within five -feet (5.) of the edee of roadway.
Section 2: That Title 9, Chapter 4, Section 1-12 of the Eagle City Code be, and
the same is hereby amended with strike -through text to be deleted and underline text
to be added as follows:
9-4-1-12: , LANDSCAPE BUFFER ",11EAS N-
I-Ai6:
+ Landscape ing buffer areas. in accordant: with Section 8-2A-7
of this Code shall b ..i , be -required for the protection of residential prop-
erties from .fj /.... ; : :1 :'.J. streets classified as collectors. arterials, freewaLs/
expressways, waterways, railroad rights of way or other features. Subdivision plats
shall show the location of all buffer b._..:/ ..It areas.
Section 3: That Title 9, Chapter 4, Section 2-2 of the Eagle City Code be, and
the same is hereby amended with strike -through text to be deleted and underline text
to be added as follows:
9-4-2-2 GUARANTEE OF IMPROVEMENTS: In lieu of the actual installa-
tion of I.,qu:n.d the public improvements reouired by this title prior to the City Clerk
i pin heft.., T.I:..b ..F the final plat, the City Council may permit the subdivider to
provide a surety financial guarantee of performance in one or a combination of the
following arrangements for those requirements which are over and beyond the re-
quirements of any other agency responsible for the administration, operation and
maintenance of the applicable public improvement.
A. AhTT6_1
0110%) of 1N_ ; .6
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rr. . �1 ►r 1\.. C::, C ..._a, ..1 1. 11 1_
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..0 L , _ .6_ r �l. .... . ....... o . .. b. _..._... LJ/. ►- ft ....o
1, iL_ 3:, Cash Deposit, Certified Check, I _6✓.: /i _
Bonet Certificate of Deposit. or Irrevocable Bank Letter Of Credit: A cash
deposit, certified check, ,, 6 \J 1_ 1 :/ certificate of deposit. or an irrevocable
Number Lines
Other:
118 Amount:
Valley limes
94.99
Legal Notices
bank letter of credit (issued by a local bank in the Eaglg/Boise areal, accepta
Iiy the City Cown..:1,
..:. 1v .ul�_ _rJ 1 _ l.L/ �I 1�. r___ / 410%) of 1._ ✓. _.�
..f 1.-
U1,
. ph p b -- rr 1 L, A._'1, in the amount eaual to i
hundred fifty percent (150%) of the estimated construction costs of vul
improvements shall be provided by the owner/developer and held by the C
until. said construction is complete. Construction cost estimates shall be,
viewed and approved by the City ZoninP Administrator prior to City acc
tance of said surety. The surety initiation and extension fees shall be es!
lished by Resolution of the City Council.
Ih.:i.- /. \� ::, :,1 d J.. L, .. b ;:/✓, \ ,..
a..oun..u.
In the case of cash deposits or certified checks, an agreement between the 1
Council and the subdivider may provide for progressive payment out of the c
deposit or reduction of the certified check, negotiable bond or irrevocable b
letter of credit, to the extent of the cost of the completed portion of the pu
improvement, in accordance with a previously entered -into agreement.
B. Completion Time: All public improvements shall be completed within.
year from the date of acceptance of the surety: financial euarantee of perform
by the City. The Zonine Administrator may authorize a delay in the comnletioi
public improvements during the months of November_ December. January. Fehrt.
and March due to weather conditions. if at a minimum. the surety is extended..
Notwithstandine the forgoing. no final occupancy nermit will be issued for.
residence or business. whichever is applicable. until the sidewalk. sod. autorr
irrieation. and street trees reauired in Section 9-4-1-6 of this Title have beer
stalled alone the frontage of the lot that said residence/business is located upon
Section 4: The provisions of this ordinance are hereby declared to be sever
and if any provision of this act or the application of such provision to any perso
circumstance is declared invalid for any reason, such declaration shall not affect
validity of remaining portions of this ordinance.
Section 3: This ordinance shall take effect and be in force from and afte
passage, approval, and publication as required by law. In lieu of publication of
entire ordinance, a summary thereof in compliance with Section 50-901A, k
Code, may be published.
DATED this 21" day of May 2002.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Rick Yzaguirre, Mayor
ATTEST:
Sharon K Moore, Eagle City Clerk