Ordinance - 2002 - 403 - Repeal Section 1-6 Chapter 4/Title 9/Enact New - 03/20/2002ORDINANCE NO. 403
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, REPEALING
SECTION 1-6, CHAPTER 4, TITLE 9 OF THE EAGLE CITY CODE, SIDEWALKS
AND PEDESTRIAN PATHWAYS, AND ENACTING A NEW SECTION 1-6, OF
CHAPTER 4, TITLE 9 OF THE EAGLE CITY CODE, PROVIDING FOR THE
FOLLOWING SECTION: SECTION 9-4-1-6 PEDESTRIANBICYCLE PATHWAY
AND SIDEWALK REGULATIONS; AND PROVIDING AN EF'F'ECTIVE 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 wishes to encourage non -motorized forms of travel and to
provide safe, convenient and aesthetic alternative travel routes to common destinations.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho;
Section 1: That Title 9, Chapter 4, Section 1-6 of the Eagle City Code be repealed.
Section 2: That Title 9, Chapter 4, Section 1-6 of the Eagle City Code be, and the
same is hereby enacted to read as follows:
9-4-1-6: PEDESTRIANBICYCLE PATHWAY AND SIDEWALK
REGULATIONS:
A. Intent: The placement of pathways is intended to encourage non -
motorized forms of travel, and to provide safe, convenient and
aesthetic alternative travel routes to common destinations such as
schools, parks, shopping centers, etc. The following factors will be
considered in the placement of any pathway: the utility and need
for a given pathway, impacts to existing neighborhoods,
compliance with the Transportation/Pathway Network maps within
the Comprehensive Plan, pathway design as it relates to both crime
prevention and function, and the responsibilities of ownership,
maintenance, and liability.
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B. Location:
1. The City shall require the creation and maintenance of
pathways, (except in cases where it is shown to be
inappropriate), that provides access to adjacent:
a. schools;
b. public parks;
c. adopted pathway elements within the
Comprehensive Plan and the Ridge -to -Rivers Pathway
Plan;
d. neighborhoods;
e. shopping areas;
f. public lands;
g. transportation or other community facilities, and
vacant parcels, held either publicly or privately which
could provide future neighborhood connection(s) to the
above noted sites; and
h. in similar cases where deemed appropriate.
2. In addition, pathways may be required to connect sites
other than those noted above:
a. when there is evidence that a pedestrian/cyclist
would otherwise be forced to travel alongside a designated
arterial roadway, or other roadway that may be hazardous
for non -motorized forms of travel, in order to reach the
desired destination, or,
b. when the pedestrian/cyclist would otherwise have
to travel a distance of more than 'h mile alongside a local or
collector roadway in order to reach the desired destination.
C. Existing Neighborhoods: The placement of a path will be based
upon consideration of current residents of a neighborhood as well
as future residents. Based upon the following, the City may
choose to provide a pathway in existing neighborhoods when:
1. The pathway would provide access to a major pathway
element such as The Boise River Greenbelt.
2. The pathway would provide access to a nearby school or
park.
3. A substantial lack of motorized access exists in the given
area.
4. No alternative pathway is provided.
5. Connects to adjacent subdivision pathways.
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D. Pathway Design: While the City may exercise considerable
discretion in determining the design of pathways, the following
minimum standards should be followed:
1. The paved portion of the pathway may range from six (6')
feet to ten (10') feet in width. Micro -pathways within
subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum six (6') feet wide and shall
be located within a sixteen (16') foot wide pedestrian access
easement. Regional pathways such as the Boise River Greenbelt
and pathways located adjacent to major roadways shall be a
minimum ten (10') feet wide and shall be located within a twenty
(20') foot wide pedestrian access easement.
2. Barriers may be placed at the terminal ends of paths to
restrict use by motor vehicles while allowing use by bicycles,
wheel chairs and other modes of travel.
3. A five (5') foot wide landscaped area/building and fence
setback, as measured from both edges of the paved path, shall be
required, and will be owned by either the abutting property
owner(s) or a Home Owners Association unless accepted by a
public entity. The 5 -foot wide landscaped area on either side of
the pathway may be decreased to a minimum of 2 -feet wide (as
measured from the edge of asphalt to the easement line) when
used in conjunction with a meandering pathway, however, the
total width of the landscape area shall not be less than 10 -feet (ie
2 -feet on one side of the path and 8 -feet on the other). For safety
purposes, planting material in this area is limited to 3 feet in
height. The landscape, fence and building regulations for this
area shall be indicated by a note on the plat.
4. The official design standards for pathways set forth in the
following manuals are to be used as guides: The Bicycle
Pedestrian Design Manual for Ada County, The Design Guide for
Accessible Outdoor Recreation, and The Guide for the
Development of Bicycle Facilities, or other nationally recognized
design standards.
5. A Root Barrier shall be placed on both sides of the pathway
to prohibit tree roots from damaging the pathway surface. The
root barrier shall consist of black injection molded panels with a
minimum of 0.085 -inch wall thickness in modules a minimum of
twenty-four inches long by twenty-four inches deep. Each panel
shall have no less than four (4) vertical deflecting ribs of a
minimum 0.085 -inch thickness protruding one-half inch at 90 -
degrees from the interior of the panel, spaced six -inches apart. A
minimum of nine anti -lift tabs, three each between the vertical
ribs, shall be integrated into each panel, measuring a minimum of
0.085 -inch thickness and protruding 3/8 -inches from the panel
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wall. An integrated joining system shall be employed for instant
assembly by sliding one panel into the other. An alternative-tvpe
barrier system of equal root penetrative resistance may be
considered on a case by case basis, subject to the approval of the
Zoning Administrator.
6. In order to design for crime
prevention the following design standards will be followed:
a. The use of "see through" fencing is preferred, as it
provides better visibility from adjacent homes or buildings.
If solid fencing is used it may not exceed 4 feet in height.
b. Adequate lighting may be provided as determined
by Eagle City Council and may be owned and maintained
by the City of Eagle once the path is turned over to the City
for maintenance.
c. The use of corners and curves in the design of the
paths is discouraged.
7. Consideration shall be given to off-street parking where
paths connect to popular destination points such as the Boise River
Greenbelt, and nearby streets may become congested with vehicles
parked by pathway users. Where pathway links connect to major
public open space that required vehicular parking, the Council may
request the developer to designate land to be purchased and
maintained by the appropriate public authority for public parking.
Buffering of surrounding residential uses shall be considered in the
area for purchase.
E. Responsibility: The following provisions are intended to provide
guidance to those entities that are responsible for construction,
maintenance and/or liability for a pathway. Installation costs,
which may include construction of the paved path, are the
responsibility of the developer.
1. Home Owners Association:
a. Pathway systems within a proposed subdivision
providing access to private common space and/or other
amenities that are used solely by the residents of a
subdivision shall be the responsibility of the Home Owners
Association.
b. Where the residents of a subdivision will be the
primary beneficiaries of a pathway, and, travel from
adjoining neighborhoods will be minimal, a home owners
association may be required to take responsibility for that
path.
2. City of Eagle: When location, length and design of a path
have been agreed upon by the City of Eagle and the developer, the
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City may accept maintenance and liability for the pathways as
designated in the Comprehensive Plan, so long as the pathway is
in good condition and repair.
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.
Section 3: This ordinance or summary thereof in compliance with Idaho
Code § 50-901A, shall be published once in the official newspaper of the City, and shall
take effect immediately upon its passage, approval and publication.
DATED thisla day of March, 2002.
CITY COUNCIL OF THE CITY OF EAGLE
Ada C,ty, daho
Rick za e Mayor
ATTEST:
14.
Sharon K. Moore, Eagle City Clerk
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SUMMARY OF
ORDINANCE NO. 403
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, REPEALING
SECTION 1-6, CHAPTER 4, TITLE 9 OF THE EAGLE CITY CODE, SIDEWALKS AND
PEDESTRIAN PATHWAYS, AND ENACTING A NEW SECTION 1-6, OF CHAPTER 4,
TITLE 9 OF THE EAGLE CITY CODE, PROVIDING FOR THE FOLLOWING SECTION:
SECTION 9-4-1-6 PEDESTRIAN/BICYCLE PATHWAY AND SIDEWALK REGULATIONS;
AND PROVIDING AN EFFECTIVE DATE.
A summary of the principal provisions of Ordinance No. 403 of the City of Eagle, Ada
County, Idaho, adopted on March 12, 2002 is as follows:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF EAGLE, Ada County, Idaho;
Section 1: That Title 9, Chapter 4, Section 1-6 of the Eagle City Code be repealed.
Section 2: That Title 9, Chapter 4, Section 1-6 of the Eagle City Code be, and the
same is hereby enacted to establish regulations for Pedestrian/Bicycle Pathway and Sidewalk
including intent, location, existing neighborhoods, pathway design, responsibility and sidewalk
design.
Section 3: States that Ordinance No. 403 shall take effect and be in force from and after
its passage, approval, and publication as required by law. Provides that a summary of Ordinance
No. 403 may be published in lieu of the entire ordinance in compliance with Section 50-901A,
Idaho Code.
The full text of Ordinance No. 403 is available at Eagle City Hall and will be provided to
any citizen upon personal request during normal office hours.
DATED as of the 3(°( day of 6 , 2002.
ATTEST:
c. iL ‘7111
Sharon I. Moore, City Clerk
CITY OF EAGLE
Ada Co ty, Idaho
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SUMMARY OF ORDINANCE NO. 403 - PAGE 1 OF 2
CERTIFICATION OF CITY ATTORNEY
As City Attorney for and legal advisor to the City of Eagle, Idaho, I hereby certify that I
have reviewed the foregoing Summary of Ordinance No. 403 of the City of Eagle, adopted on
March 12, 2002 and that the same is true and complete and provides adequate notice to the public
of the contents of the Ordinance.
DATED as of the _ day of
, 2002.
By: Susan E. Buxton, Ci Attorney
SUMMARY OF ORDINANCE NO. 403 — PAGE 2 OF 2
The Idaho
Statesman
P.O. Box 40, Boise, Idaho 83707-0040
RCITY, O FE FILEDIj
APR 0 9 2002
LEGAL ADVERTISING PROOF OF PUBLICAT
identification
Account # PTI#
116026 635789
Attention
SHERI HORTON
CITY OF EAGLE
310 E STATE ST.
EAGLE, ID 83616
PO.#
LEGAL NOTICE
SUMMARY OF
ORDINANCE NO. 403
AN ORDINANCE OF THE CITY OF
EAGLE ADA COUNTY, IDAHO, REPEAL -
OF THEEEAG SECTIONE CITY C�RS4IDEWALKTITLE S
AND PEDESTRIAN PATHWAYS, AND
ENACTING A NEW SECTION 1-6 OF
CHAPTER' 4, TITLE 9 OF THE EAGLE
CITY CODE, PROVIDING FOR THE FOL-
LOWING SECTION: SECTION 9-4-1-6
PEDESTRIAN/BICYCLE PATHWAY AND
SIDEWALK REGULATIONS; AND PRO-
VIDING AN EFFECTIVE DATE.
A summary of the principal provisions of
Ordinance No. 403 of the City of Eagle Ada
County,Idaho, adopted on March 12, X2002
is as fllows:
NOW THEREFORE, BE R ORDAINED BY
THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE Ma County, Idaho;
Section 1: That Title 9, Chapter 4, Sec-
tion 1-6 of the Eagle City Code be repealed.
Section 2: That Title 9, Chapter 4, Sec-
tion 1-6 of the Eagle City Code be, and the
same is hereby enacted to establish regula-
tions for Pedestrian/Bicycle Pathwayand
Sidewalk including intent, location, existing
neighborhoods,pathway design, responsibil-
ity and sidewaldesign.
Section 3: States that Ordinance No. 403
shall take effect and be in force from and
after its passage, approval and publication
as required by law. Provides that a summary
of Ordinance No. 403 may be published in
lieu of the entire ordinance in compliance
with Section 50-901A, Idaho Code.
The full text of Ord'mance No. 403 is avail-
able at Eagle City Hall and will be provided
to any citizen upon personal request during
normal office hours.
DATED as of the 3rd day of April, 2002.
CITY OF EAGLE
Ada County, idaho
Rick Yzaguirre, Mayor
ATTEST: Sharon K. Moore, City Clerk
CERTIFICATION OF CITY ATTORNEY
As City Attomey for and legal advisor to
the City of Eagle, Idaho, I hereby certify that
I1 have reviewed the foregoing Summary of
Ordinance No. 403 of the City of Eagle,
Iadopted on March 12, 2002 and that the
same is true and ocmplete and provides
adequate notice to the public of the con-
tents of the Ordinance.
DATED as of the 3rd day of April, 2002.
By: Susan E. Buxton
City Attorney
Pub. Apr. 8, 2002 13136
SUMMARY ORDINANCE 403
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APRIL 8, 2002
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JANICE HILDRETH, being duly sworn, deposes and says: That
she is the Principal Clerk of The Idaho Statesman, a daily
newspaper printed and published at Boise, Ada County, State
of Idaho, and having a general circulation therein, and which
said newspaper has been continuously and uninterruptedly
published in said County during a period of twelve consecutive
months prior to the first publication of the notice, a copy of
which is attached hereto: that said notice was published in
The Idaho Statesman, in conformity with Section 60-108,
Idaho Code, as amended, for:
ONE
consecutive weekly
consecutive daily
insertion(s)
beginning issue of:
ending issue of:
X
single
odd skip
APRIL 8 , 2002
APRIL 8 , 2002
STATE OF IDAHO
COUNTY OF ADA
On this 8 day of
before me, a Notary Public, personally appeared before me
Janice Hildreth known or identified to me to be the person
whose name subscribed to the within instrument, and being
by me first duly sworn, declared that the statements therein
are true, and acknowledged to me that she executed the same.
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in the year of 2002
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