Ordinance - 1998 - 321 - Amending Title 9/Required Improvements - 04/14/1998ORDINANCE # 321
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING EAGLE
CITY CODE, TITLE 9 "SUBDIVISIONS", CHAPTER 4, "REQUIRED IMPROVEMENTS",
SECTION 1, "IMPROVEMENTS REQUIRED", PARAGRAPH 9, "WATER SUPPLY AND
SEWER SYSTEMS".
WHEREAS, The City of Eagle proposes to amend criteria for irrigation water systems; and
WHEREAS, the City of Eagle finds that the supply of quality potable water in the aquifer in and
around the City of Eagle is a finite resource and that such resource should not be wasted
unnecessarily; and
WHEREAS, the City of Eagle finds that the construction of separate irrigation systems for new
construction would prevent the wasteful use of the potable water and prevent the unnecessary
construction of wells, pumps, and storage facilities necessary to equip the potable water systems
in the City of Eagle with sufficient capacity to handle irrigation and lawn sprinkling needs; and
WHEREAS, the City of Eagle finds that requiring separate irrigation for new subdivisions will
not unreasonably burden either developers or new homeowners and instead will provide a viable
benefit to new properties in the City of Eagle by reducing consumption of potable water and
replacing the consumption with typically less expensive irrigation water for the purpose of
landscape irrigation; and
WHEREAS, the City of Eagle finds that current building codes and rules and regulations of the
water system supplying potable water to the City of Eagle will provide adequate protection to
prevent the cross -connection of such irrigation systems with the potable drinking water systems
in the City of Eagle.
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO, as follows:
Section 1: Eagle City Code Section 9-4-1-9, is amended to add new Section C as follows:
C. Pressurized Irrigation Facilities:
1. For anv new subdivision and/or PUD. to be provided with a public water system
and containing more than four lots. all residential dwelling units within such
subdivision shall be provided with a pressurized irrigation system to be served
with irrigation water unless a waiver. as outlined herein. is approved bv the City_
Council.
The following design requirements shall apply to the pressurized irrigation
system:
a. The pressurized irrigation system shall not be connected to anv potable water
system.
Page 1 of 4
H:\COUNCIL\Ordinances\Ordinance 321.doc
b. The pressurized irrigation system shall be designed by an licensed Idaho
Registered Professional Engineer. and the construction plans for the system
shall be reviewed and approved by the City Engineer.
c. The pressurized irrigation system shall be a piped delivery system which
should be sized for normal operatingpressures of 45 to 80 pounds per sauare
inch (psi). Piping and pumping facilities shall be sized so that under peak
flow conditions the most critical service shall receive 15 gallons per minute
(GPM) at a minimum pressure of 45 psi. Mainline distribution piping shall be
a minimum of three (3) inches in diameter.
d. The pressurized irrigation system shall have an approved anti -siphon valve.
e. All irrigation system connections. lines and hose bibs shall be clearly labeled
and marked as non -potable so as not to be confused with potable water
sources.
f. All underground lines shall be marked with purple warning tape.
2. Irrigation system maintenance and operation shall be provided by the irrigation
district or canal comnanv within which the development lies. by a municipal
irrigation district (if one exists). or by the formation of another entity capable of
operating and maintaining a pressurized irrigation system. The applicant shall
provide written assurance that provisions have been made for ownership.
operation and maintenance of the pressurized irrigation system prior to the City
Engineer signing the final plat. Such written assurance shall include:
a. A letter from an existing entity capable of owning. operating and maintaining
the system assuming responsibility for such operation and maintenance: or
b. If the system is to be owned. operated and maintained by a Homeowners
Association. the applicant shall create binding Covenants. Conditions and
Restrictions (CC&R's). approved by the Eagle City Attorney. providing for
control. use. maintenance and operation of the system. The CC&R's shall
also include a provision for the homeowner's association to be responsible to
pay the irrigation comnanv for irrigation water.
3. The requirement for installation of a pressurized irrigation system may be waived
by the City Council when the applicant has established that any of the following
situations exist (The sale or transfer of an existing water right shall not be grounds
for reauesting a waiver pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the
property. The lack of surface irrigation water right shall be documented in
writing by the appropriate Irrigation District or Canal Company and the
Department of Water Resources and shall be submitted with the subdivision
preliminary plat. In this case a waiver shall only be granted for that portion of
the subdivision that cannot be served.
b. Where an existing surface water right cannot be delivered to the property by
an Irrigation District or Canal Company due to current delivery capacity or
scheduling. In these situations the City Council may still require the
installation of the pressure irrigation system. provided water rights can be
Page 2 of 4
H:\COUNCIL\Ordinances\Ordinance 321.doc
made available to the property and delivery system modifications can be made
so irrigation water can be supplied within two (21 years.
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the City Engineer. The applicant shall present the
proposed alternative delivery system to the City Engineer at the time the
waiver is reauested.
d. The requirements to provide a pressurized irrigation system may be waived by
the City Council when the Council finds that due to the specific circumstances
surrounding a new subdivision. the cost of obtaining water rights. re-
establishing water rights or developing the system would impose an undue
economic hardship on the developer. For purposes of this section an undue
economic hardship shall consist of a showing that the cost per lot to develop
the pressurized irrigation system would be 25% higher than the cost per lot for
providing a pressurized irrigation system to subdivisions of similar size and
density constructed in the City of Eagle within the previous two years: or that
the cost per lot of the pressurized irrigation system would exceed 5% of the
expected per lot market value of the subdivision.
The developer shall bear the burden of providing documentation. acceptable to
the City Engineer and City Council. demonstrating and supporting the
estimated costs of construction of the pressurized irrigation system. and the
cost per lot for irrigation systems in those subdivisions built in the last two
years as noted above. and the expected market value of the subdivision lots.
For phased developments. costs will be analyzed over all phases of the
development rather than the first phase only.
4. Should installation of a pressurized irrigation system be waived by the City
Engineer. as outlined herein. compliance to Idaho Code 31-3805 is still reauired.
5. Reauests for waivers shall be submitted to the City with the preliminary plat
application and shall be accompanied by an irrigation report. prepared by a
licensed Idaho Registered Professional Engineer. stating the location and
availability of surface irrigation water and documenting the basis for the waiver
request. If applicable. the irrigation report shall be accompanied by a letter from
the Irrigation District or Canal Company stating that water rights and/or a delivery
system are not available to the property.
Section 2: 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.
Page 3 of 4
H:\COUNCIL\Ordinances\Ordinance 321.doc
� .t
DATED this No day of,4 i l ; , 1998
CITY OF EAGLE
Ada County, Idaho
RICK YZAG
MAYOR
ATTEST:
Page 4 of 4
H:.COUNCIL.Ordinances\Ordinance 321.doc