Ordinance - 2023 - 897 - Pathway And Trail Standards Update - 06/27/2023 ORDINANCE NO.897
AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY IDAHO, REPEALING TITLE
9 "LAND SUBDIVISIONS", CHAPTER 4 "REQUIRED IMPROVEMENTS", SECTION 1-6
"TRAIL AND PATHWAY REGULATIONS,AND ENACTING A NEW SECTION 1-6
"PATHWAY AND TRAIL REGULATIONS;PROVIDING A SEVERABILITY CLAUSE;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 a Subdivision Ordinance; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending the
Eagle City Subdivision Ordinance to protect the public health and safety and the aesthetic quality
of the City; and
WHEREAS,the proposed changes to the Eagle Subdivision Ordinance are in accordance with the
City of Eagle Comprehensive Plan;
WHEREAS, it is the intent of the City of Eagle Council to provide Eagle citizens with a network
of bicycle and pedestrian routes that promotes health and allows mobility, alternate transportation
and recreation on public trails and pathways; and
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Section 1: That Title 9, Chapter 4, Section 1-6, be, and is hereby repealed in its entirety, and is
hereby amended with the following text to be added:
9-4-1-6: PATHWAY AND TRAIL REGULATIONS:
A. Intent: The placement of Pathways and Trails are intended for management of motorized and
non-motorized forms of use,to provide safe,convenient, and aesthetic alternative travel routes to
common destinations such as schools, parks, shopping centers, etc., and to promote economic
development and recreation options in areas that allow it. The following factors will be
considered in the placement of any Pathway or Trail: the utility, need, and impact to existing
neighborhoods; soils and hydrology; erosion potential; impacts to native wildlife habitat; special
status plant; wildlife species; cultural resources; compliance with the City of Eagle
Comprehensive Plan; compliance with the City of Eagle Pathways and Trails Master Plan;
compliance with any approved Open Space, Wildlife Mitigation Plan, or similar document for
the development; design as it relates to both crime prevention and function; and the
responsibilities of ownership and maintenance.
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B. Pathway and Trail Terms:
1. Pathways: Facilities that are designed to improve connectivity throughout the Pathway
system and developments. The term Pathways shall refer to those facilities that are regulated and
managed by the City or depicted in the City's Pathways and Trails Master Plan.
2. Trails: Facilities that are designed to improve connectivity throughout the Trail
system and development. Trails shall have an open space and trail planning/funding process
approved by the City. Trails shall be managed by the party outlined in the approved open space
and trail planning/funding process.
3. Trailhead: A designated area used for access to Pathways or Trails that may include
vehicle parking, bike parking, restrooms, and other facilities related to trail use.
4. Regional Pathways and Trails: Facilities that are intended to provide regional
connectivity throughout the City.
5. Community Pathway: Facilities that are intended to provide routes to and through
developments connecting to or providing linkage to regional facilities, arterials and collectors
that provide alternative transportation features, or adjacent developments.
6.Neighborhood Pathways: Facilities that are intended to be integrated into the design of
common area open spaces within neighborhoods and provide connectivity on a neighborhood
scale.
7. Tread: the finished usable surface of a pathway or trail:
a. Hard Surface: Refers to tread materials such as concrete, asphalt,pavers,
and rigid permeable composites.
b. Natural Surface: Refers to tread materials made of stone and other natural
materials that have been engineered for specific applications such as gravel, and road mix.
c. Native Surface: Refers to tread materials made from non-engineered
materials, such as native soil or aggregate.
C. Management and Regulations:
1. All Pathways and Trails that are not deemed to be private,by the City, shall have
public access.
2. Such access shall be perpetual and non-revocable but may be relocated by the
landowner so long as the connectivity provided by the original access is not materially affected.
3. Pathways within a platted area shall be identified on the plat with a note, creating
a public access easement for the pathway.
4. Details for pavers and rigid permeable composites, used on a pathway, shall be
approved by the City.
5. Trails shall be surveyed or provided with a center line in GIS or CAD format
with a defined area in the attribute, i.e.,width and type of trail, and conform to City data
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standards.
6.All Trails shall have an open space and trail planning/funding process approved by the
City. This process shall include:
a. Standardized application and review process for new or modified Trails and
open space projects.
b. A defined funding and management structure for implementation
and maintenance of the trail/pathway system in perpetuity.
c. If an open space and trail planning/funding process is created after the
subdivision has been approved by the City, City approval is required.
D. Pathways:
1. Signage:
a. Within public access easement(s)granted to the City;the City shall reserve the
right to display signage.
b. The physical form including materials,placement, and messaging of any
signage that the developer or HOA wishes to display within the public access easement(s)
granted to the City, or signage placed within a five hundred feet(500') of a City-managed
pathway with messaging directed to pathway users, must be approved in writing by the
City.
c. Developer shall add language to the governing documents of the development
(i.e CCR's, charters, bylaws, etc.)that ensures signage will not be placed in any area that
would otherwise mislead the public regarding their right to public access of the Pathways.
2. Pet Waste Stations and Trash Receptacles:
a. For the health and safety of the public,pet waste bag stations and trash
receptacles may be required by the City within public access easement(s) granted to the City.
b. Shall be maintained by the property owner or the City as determined by the
City.
3. Location:
a.The City shall require general conformity with the City's Pathways and Trails
Master Plan,the approved Open Space and Wildlife Mitigation Plan, or similar document for that
development. In addition to conformity with the aforementioned plans, consideration shall be given
for connectivity to the following facilities:
(1) Schools;
(2) Park areas and open space;
(3) Other pathway and trail facilities, including nearby trailheads;
(4) Nearby residential areas;
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(5) Public land;
(6) Public and private transit facilities; and
(7)Future subdivision phases.
b. Pathways may be required to connect sites other than those noted above 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.
c. Pathways may be required to connect to locations other than those noted above
to adapt to the changing needs of the public or to mitigate bike/pedestrian hazards or safety
concerns.
d. Where environmental concerns are observed,the Pathway may be redesigned
pursuant to the City's approval.
4.Design: The City will be responsible for approving the design of Pathways. While
the City may exercise considerable discretion in determining the design of Pathways,the
following minimum standards shall be followed:
a. Those standards adopted by resolution of the City Council titled, "The City of
Eagle Pathways and Trails Design and Construction Standards.
b. For all Pathways maintained by the City, a minimum of a four foot (4')wide
landscaped area, natural open space, area/building and fence setback, as measured from both
edges of the path, shall be required, and will be owned by either the abutting property owner(s)
or a homeowners' association unless accepted by a public entity. The four foot (4') wide
landscaped area on either side of the pathway may be decreased to a minimum of two feet(2')
wide (as measured from the edge of the tread 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 eight feet(8') (i.e.,two feet(2')on one side of the path and six feet(6') on the other). For
safety purposes, planting material in this area is limited to three feet (3') in height. Exceptions
may be granted by the City based on site limitations or alternative management guidelines.
c. Alternative design(s) may be approved by the City.
5. Classifications:
a. Regional:
(1) The tread shall be a minimum of ten feet(10')in width.
(2) Shall be constructed to the City Pathways and Trails Design and
Construction Standards, unless otherwise approved by the City.
(3) Shall be maintained by the City,HOA, developer,or property owner, as
determined by the City.
(4)Tread surface shall be determined by the City.
(5) Shall include a twenty-five foot(25')wide public access easement for
City maintained Pathways. All Pathways not dedicated to the City shall have an easement width of
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a minimum of the tread width plus four feet(4') on each side unless the pathway is located within a
public right-of-way,then an easement is not required. The City may grant an exception to the
required easement width.
(6)Adequate lighting for bridges and tunnels may be required as
determined by the City.
(7) To mitigate congestion along roadways related to regional pathways,
off-street public parking may be required by the City.
b. Community:
(1) Shall be eight-foot(8') in width unless otherwise approved by the City.
(2) Shall be constructed to the City Pathways and Trails Design and
Construction Standards, Idaho Standards for Public Works Construction(ISPWC),or Ada
County Highway District(ACHD) Sidewalk Standard as determined by the City.
(3) Shall be maintained by the City,HOA,developer, or property owner,
as determined by City.
(4)Tread surface shall be determined by the City.
(5) Shall include a twenty-five foot(25') wide public access easement for
City maintained Pathways. All Pathways not dedicated to the City shall have an easement width
of a minimum of the tread width plus four feet(4') on each side unless the pathway is located
within a public right-of-way,then an easement is not required. The City may grant an exception
to the required easement width.
c. Neighborhood:
(1) Shall be six feet(6') in width unless otherwise approved by the City.
(2) Shall be constructed to the City Pathways and Trails Design and
Construction Standards, Idaho Standards for Public Works Construction(ISPWC),or Ada County
Highway District(ACHD) Sidewalk Standard as determined by the City.
(3)Tread surface shall be determined by the City.
d. Special Use Pathways:
(1)Tread may vary in width depending on the location.
(2)No required maximum grade shall be implemented.
(3) Tread surface shall be determined by the City.
E. Trails:
1. Location:
a. While Trails do not require an approval by the City,whenever possible they
should facilitate connectivity to:
(1) Schools;
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(2) Park areas and open space;
(3) Other pathway and trail facilities, including nearby trailheads;
(4)Nearby residential areas;
(5) Public land;
(6) Public and private transit facilities; and
(7) Future subdivision phases.
2. Classifications:
a. Regional:
(1) Shall be constructed to the City Pathways and Trails Design and
Construction Standards, Idaho Standards for Public Works Construction(ISPWC), or Ada
County Highway District(ACHD) Sidewalk Standard,unless a different standard has been
approved by the City.
(2) The tread shall be a minimum of ten feet(10') in width.
(3) Shall be maintained by the entity described in the City approved open
space and trail planning/funding process.
(4) Shall have public access the width of the tread.
(5) The City may grant an exception to the required access width.
b. Special Use Trails:
(1) Tread may vary in width depending on the location.
(2)No required max grade shall be implemented.
F. Notwithstanding the above requirements, if a City-approved management plan such as a
wildlife management plan or wildfire management plan or similar plan conflict(s)with any
provisions of ECC Section 9-4-1-6,the approved management plan shall take precedence.
G. Waiver: The council may waive or modify any of the standards or requirements of this section
upon the determination that the proposed alternative will enhance the overall project; provided,
however, that any such waiver shall not be injurious to public health or safety.
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.
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Approved and adopted this�day of JuJr\ 12023.
CITY OF EAGLE
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KACOUNCII.\Ordinances\ORD 897 Pathway and Trail standards update.doec
SUMMARY OF ORDINANCE NO. 897
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, REPEALING TITLE
9 "LAND SUBDIVISIONS", CHAPTER 4 "REQUIRED IMPROVEMENTS", SECTION 1-6
"TRAIL AND PATHWAY REGULATIONS, AND ENACTING A NEW SECTION 1-6
"PATHWAY AND TRAIL REGULATIONS; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
A summary of the principal provisions of Ordinance No. 897 of the City of Eagle, Ada County,
Idaho, adopted on June 27, 2023 is as follows:
Section 1: That Title 9, Chapter 4, Section 1-6 is repealed in its entirety and replaced with a
new Title 9, Chapter 4, Section 1-6 and subsections A through F with new language.
Section 2: That Title 9, Chapter 4, Section 1-6A "INTENT" is added to provide factors to be
considered in the placement of any Pathway or Trail.
Section 3: That Title 9, Chapter 4, Section 1-6B "PATHWAY AND TRAIL TERMS" is
added to provide definition for Pathways, Trails, Trailhead, Regional Pathways, Community
Pathways,Neighborhood Pathways and Tread.
Section 4: That Title 9, Chapter 4, Section 1-6C "MANAGEMENT AND REGULATIONS"
is added to provide that all pathways not deemed private shall have public access, that access be
perpetual but landowner can relocate access as long as original access is not materially affected,
that pathways shall be identified in a plat note, that pavers and permeable composites used on a
pathway must be approved by the City, that trails be surveyed or centerline in GIS or CAD, and
that all trails have an open space funding process.
Section 5: That Title 9, Chapter 4, Section 1-6D "PATHWAYS" is added to provide
regulation of signage,pet waste stations trash receptacles located in a pathway, and regulations of
pathway location, connection, design, environmental concerns. This section also provides
classifications and standards for Regional,Community,Neighborhood,and Special Use pathways.
Section 6: That Title 9, Chapter 4, Section 1-6E "TRAILS" is added to classifications and
standards for Regional trails and Special Use trails.
Section 7: That Title 9, Chapter 4, Section 1-6F is added to provide that if there is a conflict
between a City-approved management plan that conflicts with any provisions of Section 94-1-6,
the approved management plan shall take precedence.
Section 8: 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
Page 1 of 2
invalid for any reason, such declaration shall not affect the validity of remaining portions of this
ordinance.
Section 9: 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.
SUMMARY
The full text of this Ordinance is available at the City Clerk's Office and will be provided
to any citizen upon personal request during normal office hours.
CITY OF EAGLE
Ada County, Idaho
B
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J son fierce, Mayor
ATTEST: �
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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. 897 the City of Eagle, adopted on, June
27, 2023 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 26 day of July, 2023.
w
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Victor Villegas 6ty Attorney
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