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Ordinance - 1993 - 215 - Require Street Lights In Subdivisions - 03/10/1993ORDINANCE NO. 215 u�1L AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING SUBSECTION 5, SECTION 1, CHAPTER 4, TITLE 9, EAGLE CITY CODE, RELATING TO STREET LIGHTS IN SUBDIVISIONS, TO REQUIRE SUBDIV/D RS WITHIN CITY LIMITS AND WITHIN THE AREA OF CITY IMPACT TO INSTALL STREET LIGHTS; TO PROVIDE THAT THE INSTALLATION BE AT SUBDIVIDERS' EXPENSE; TO PROVIDE THAT THE LIGHTS BE IN ACCORDANCE WITH CITY SPECIFICATIONS AND STANDARDS; TO PROVIDE THAT THE LIGHT LOCATION$ BE DESIGNATED BY THE ADMINISTRATOR; TO PROVIDE THAT THE CITY HAS THE RIGHT TO PAY COSTS OF MAINTENANCE AND POWER AND ASSUME OWNERSHIP OF LIGHTS BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Sectio. That Subsection 5, Section 1, Chapter 4, Title 9, of the Eagle City Code be, and the same hereby is, amended to read as follows: STREET LIGHTS: metalled All subdivrs within the City limits and within the area of City impact _shall be required to install. at ttbdividers' e)cpensej street lights in accordance with City specifications and standards at locatior7s designated, W. -the AdministrAtor (as deed by Eaale_City Code N 9- 1-6. or his/her renresejitatiye. hereinafter referred to, as "AdmitratorW). atter installation and acceptance by the Adm ni.stutor. the City shall lite the richt to pay the cost of maintenance and power and assume, ownership of the street lights. Section. That this Ordinance shall take effect and be in force from and after its passage, approval and publication. DATED this 10th day of MARCH, 1993. SENT BY:DAVIS WRIGHT TREMAINE ; 1-26-93 ; 1:30PM ; flWF 208 939 6827;# 2/10 -013 RESOLUTION NO. -;3416- A RESOLUTION OF THE CITY OF EAGLE, IDAHO, DETAILXNG SPECIFICATIONS FOR STREET LIGHT PLACEMENT AND INSTALLATION; OUTLININiG DEVELOPER RESPONSIBILITIES; PROVIDING FOR 01.,'..;ti.i. LIGHT OWNERSHIP AND MA,A,.,y,wi,NCE; AND PROVIDING VARIANCE PROCEDURES WHEREAS, the City of Eagle, Ada County, Idaho, desires to implement a comprehensive street light policy governing street light specifications, ownership, maintenance, installation, and design standards. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, IDAHO: Sscton 1: That the CITY OF EAGLE 444 LIGHT PLANT POLICY, a copy of which is annexed hereto as Exhibit "A," be, and the same is hereby, approved. Section 3: This Resolution shall take effect and be in force from and after its passage and approval. Adopted by the Eagle City Council, Eagle, Idaho. DATED this day of ` 1993. Approved: MAYOR STEVE GUBRBER Attest: BARBARA MONTGOMERY EAGLE CITY CLERK SENT BY:DAVIS WRIGHT TREMAINE ; 1-26-93 ; 1:32PM ; EXHIBIT "A" DWT BOIS& 208 939 6827;# 5/10 I. PURPOSE POLICY The intent of this policy is to identify standard requirements for Owners and Developers as regards the location and type of street lights for new developments located within the incorporated Eagle City limits or within the Eagle City, impact area. This policy shall be utilised for new subdivisions, conditional uses, design reviews, building plan reviews and other developments not covered by the above. The purpose of street lighting is essentially fourfold: (1) to increase visibility and safety in locations where vehicular traffic and pedestrian traffic share the right of way, (2) to increase visibility and safety for vehicular traffic at intersections, and (3) to act as a deterrent for certain types of crime and thereby increase general public safety. II. GENERAL REQUIREMENTS FOR 4arifi.:4. LIGHT INSTALLATION The City of Eagle has adopted the goal of providing street lights in local residential areas at a maximum spaoing of 600 feet and at locations where street lighting will improve public safety. For purposes of this policy the 600 foot maximum criteria thall apply in areas of relatively straight and level streets that have no locations of obvious traffic conflict. Locations deemed to require additional lighting for improved public safety include intersections, pedestrian crossings, bike paths, sharp curves, steep inclines, steep embankments, dead-end streets and cul-de- sacs. Locations not specifically noted above but which in the determination of the City of Eagle Administrator (as defined by Eagle City Code S 9-1-6, or his/her representative, hereinafter referred to as "Administrator") affect public safety and/or security may also require increased levels of street lighting. City of Eagle requirements for lights along residential collector streets shall be in accordance with the requirements listed above for local residential streets. City of Eagle requirement for lighting along arterial and major collector streets located in predominantly, industrial/commercial areas shall be in accordance with national standards established by the Illuminating Engineering Society (ISS) and the American Association of State Highway and Traffic Officials (AASHTO). Exhibit A, Page 1 SENT BY:DAVIS WRIGHT TRE14AINE ; 1-26-93 ; 1:33PM ; DWT BOISE-) 208 939 6827;# 6/10 Standard lighting leveler are normally expressed in terms of foot candles with the standards taking into account the average to minimum lighting levels as well am the uniformity of Light. The most current and approved revision of the functional street classification lap prepared by the Eagle Planning and Zoning Commission shall be utilized in the classification of streets a residential, residential collector, major collector or arterial. III. SPECIFIC REQUIREMENTS FOR STREET LIGHT INSTALLATION A. Local Residential and Residential Collector Streets 1. Street lights shall be required at intersections, pedestrian crossings, bike paths, sharp curves, steep inclines, steep embankments, dead-end streets' and cul-de- sacs. Individual street lights may not be required at each location identified above if these locations are in close proximity and it is determined by the Administrator that adequate illumination can be achieved with common street lights. Locations not specifically noted above but which in the determination of the Adhinistrator affect safety and/or security may require increased levels of street lighting. 2. Once locations of potential traffic conflict and locations where street lighting will improvelic safety/security have been illuminated as required above, remaining streets shall be evaluated and shall provide for a maximum street light spacing of 600 feet. 3. Increased levels of lighting may be required around schools, hospitals, churches, retail areas, and other facilities with high potential of vehicle/pedestrian accidents. 4. Street lights shall be located along property lines, in common areas and median strips to the greatest extent possible so as to maximize the utility of individual properties. 5. Fixtures shall be a minimum of 10o watt High Pressure Sodium, multi -tap ballast, medium cutoff with external photo control receptacle, acrylic or glass refractor with Type III light distribution or equal approved by the Administrator. Exhibit A, Page 2 SENT BY:DAVIS WRIGHT TREMAINE ; 1-26-93 ; 1:34PM ; DWT B01 SSE-. 208 939 6827;# 7/10 6. Specific street light construction, 'materials, equipment and installation requirements shall be in accordance with the current revision of the Eagle City Standard Specifications for Street Light Installation. B. Arterial and Major Collector Streets 1. When possible, streets of these classifications shall be illuminated in accordance with national standards established by the Illuminating Engineering Society (IES) and the American Association Of State Highway And Traffic Officials (AASHTO) . If the existing streets are not fully developed and upgrading of the streets is not a condition of development approval, the following criteria shall apply: a. Street lights shall be required at intersections, pedestrian crossings, bike paths, sharp curves, steep inclines, steep embankments and dead-end streets. Individual street lights may not be required at each location identified above if these locations are in close proximity and it is determined by the Administrator that adequate illumination can be achieved with common street lights. b. Fixtures shall be 200, 250 or 400 Watt High Pressure Sodium, multi -tap ballast, medium cutoff with external photo control receptacle, acrylic or glass refractor with Type III light distribution or equal approved by tate Administrator. c. Specific street light oonstruotion, materials, equipment and installation requirements shall ba in accordance with the current revision of the Eagle City Standard Specifications for Street Light Installation. IV. DEVELOPER RESPONSIBILITIES A. The Owner or Developer of new developments location within the incorporated Eagle City limits or within the: Eagle city impact area shall provide for street lights in accordance with this Street Light Placement Policy. The Owner or Developer shall be responsible for all costs incurred in designating and installing street lights (for the side of the street which the development fronts) including the 'payment of inspection fees pursuant to Eagle City Code S 1-7-4. Exhibit A, Page 3 F'�aauSld7Kg11�lw�.IDQ SENT BY:DAVIS ARIGHT TREMAINE ; 1-26-93 ; 1:35PM ; DWT BOISE-+ 206 939 6827;# 8/10 B. contractors employed by the Owner or Developer to install street lights shall possess a current Idaho Electrical Contractor's License. C. A11 street light plans prepared by the Owner or Developer's engineer shall be in accordance with this Street Light Placement Policy. Final approval of street light plans shall be by the Administrator. The level of detail required in the submission of street light plans will be dependent upon the number of street lights and the complexity of the street light system to be installed. As a minimum, plans shall be drawn on an appropriate scale and shall indicate specific locations of proposed installations including power source, overhead or underground power supply lines, materials, equipment and type of fixture to be installed. more complex commercial installations or installations designed to Y.S.S. or AASHTO standards will require a more formalized design. D. Street light installations shall be designed to the greatest extent possible to be incorporated into metered systems. This requirement shall be applied to additions to existing metered systems and to new systems. E. Street light installations within the incorporated Eagle city limits shall be a condition of Final Plat approval for new subdivisions and shall be completed prior to final occupancy approval for commercial developments unless special agreements have been approved in writing by the Administrator. F. Inspection of all street light installations shall be completed by Administrator. Any inspection fees must be paid by the Owner or Developer prior to inspection and/or acceptance. G. In situations where site conditions preclude the installation of street lights adjacent to the development, the Owner or Developer will be required to deposit monies sufficient to design, install and inspect street lights under the direction of the Administrator. These lights shall be installed in the general area of the Owner or Developer's project when suitable alternate locations are available, or when adjacent development takes place. V. OWNERSHIP AND MAINTENANCE OF STREET LIGHTS A. Following installation, final inspection, acceptance and energising of street lights in new developments, the City of Eagle has the following options regarding ownership and maintenance of said lights: Exhibit A, Page 4 x:2z11s741tuidat.14a SENT BY:DAVIS WRIGHT TREMAINE ; 1-26-93 ; 1:36PM ; DWT BOISE-* 208 939 6827;# 9/10 (1) The City of Eagle may enter into an agreement with the developer for transfer of ownership of street lights to the City of Eagle by entering into the proper agreements approved by both the Administrator and Eagle City Attorney. The operation and maintenance of said street lights shall be the sole responsibility of the Owner or Developer, With the City of Eagle reserving the right to pay such costs. The Owner or Developer shall be responsible for warranty of said lights against all defeats for a period of one (1) year from the effective date of transfer of ownership. (2) A Home owners or Property Owners Association may retain ownership of the street lights. Proper agreements approved by both the Administrator and the Eagle City Attorney shall be developed which designate those parties responsible for operation and maintenance of said street lights. VI. STANDARD AND NON-STANDARD STREET LIGHTING All work shall conform to the current edition Idaho Standards for Public Works Construction (ISPWC), National Electrical Code (N.E.C.), and the Idaho State Electrica]. Code. In .all cases, street light installations that will ultimately be operated and maintained by the City of Eagle pursuant to Section V, Paragraph A.1 must meet these minimum standards. Should an Owner or Developer choose to install specialty lighting or lighting equipment that does not meet the standards above, the Owner or Developer may proceed with this type of installation only under the requirements identified in Section V Paragraph A.Z. The lighting system proposed shall provide an equivalent level of light or better than would be provided by standard fixtures at specified intervals. VII. INDIVIDUAL COMMERCIAL DEVELOPMENT Commercial development (both new and substantial remodels) shall be required to comply with this Street Light Placement Policy. Should site conditions preclude installation of street lights on a commercial development's street frontage, the Owner or Developer shall deposit funds into a City trust fund sufficient to design, install and inspect street lights required by this Street Light Placement Policy. These funds will then be used, when appropriate, to install street lights required for the property at approved alternate locations. Exhibit A, Page 5 r:,aooai61674naradet SENT BY:DAVIS WRIGHT TREMALNE ; 1-26-83 ; 1:37PM ; VIII. VARIANCES DWT BOISE-► 208 939 6827;#10/10 A. If unusual conditions exist in new developments subject to subdivision requirements such that the strict ' application of this Street Light Placement Policy would result in substantial hardship or inequity, the Eagle City Council may grant a variance so that the subdivider may develop the property in a reasonable manner, but assuring that the public welfare and the interests of the City are protected, and the general intent and spirit of this Street Light Placement Policy are preserved. B. Requests for variances in new developments subject to subdivision requirements shall be administered in accordance with the requirements of Section 9-6-3 of the Eagle City Code. Exhibit A, Page 6 it Da al$5167411Utkt dd k ROOF OF PUBLICATIC1I County of Ada State of Idaho Helen Alidjani, being first duly sworn, on oath says that she is the principal clerk of THE VALLEY NEWS, a newspaper of general circulation, published weekly at Meridian, County of Ada, State of Idaho; That the annexed notice was published in said newspaper once each and every week for consecutive weeks, First publication being on the / PIA" day of , 1993 , and the last publication being on the day of ,1993. That the said newspaper has been published continuously and uninterruptedly in said county during a period of more than seventy-eight consecutive weeks prior to the first publication of the attached notice. (11444— /176 ;9 Principal Clerk Subscribed and swom before me this day of ,c 19 Notary Notary Public Residence: o� My commission expires: 1st 13 0I9 (SEAQ:.) ORDI'NCE NO. 215 AN ORDOO OF THE CITY OF EAGLE, ^SHO AMENDING SUBSECTION f,9 Z!' J 1, CHAPTER 4, TITLE 9, EAGLE ell CODE, RELATING TO STREET LIGHTS IN SUBDIVISIONS, TO REQUIRE SUBDIVIDERS WITHIN CITY L1M TS AND WITHIN THE AREA OF CITY IMPACT TO INSTALL STREET LIGHTS; TO PROVIDE THAT THE LIGHTS BE IN ACCORDANCE WITH CITY SPECIFICATIONS AND STANDARDS; TO PROVIDE THAT THE LIGHT LOCATIONS BE DESIGANATED BY THE ADMINISTRATOR; TO PROVIDE THAT THE CTTY HAS THE RIGHT TO PAY COSTS OF MAINTENANCE AND POWER AND ASSUME OWNERSHIP OF LIGHTS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section 1. That Subsection 5, Section 1, Chapter 4, Tule 9, of the Eagle City Code be, and the same hereby is, amended to read as follows: STREET LIGHTS: 1..,.: 1;1.- ,21:, L n 2I:,%L r_/C../d1A,r:.. All subdividers within the City limits and within the area of City impact shall be ieauired to instalL at subdividers' expense. streetlights inac ordanoe with City specifications and Standards at locations designated bv the Administrator (as defined bv Eagle City Code S 9-1-6_ orhis/ her representative. hereinafter referred to as "Administrator"). After installation and acmntance by the Administrator. the City shall have the right to pav the cost of maintenance and newer and assume ownership of the street lights. Section 2. That this Ordinance shall take effectand be in fore:from and after its passage, apprcval and publication. 1993. DATEDthis 10th day of MARCH, CITY OF EAGLE By /s/r.'112 STEVE GUERBER ATTEST: /s/BARBARA MONTGOMERY, CTI CLERK Publish March 18, 1993. 3( I- ROOF OF PUBLICATIO11 County of Ada State of Idaho Helen Alidjani, being first duly sworn, on oath says that she is the principal clerk of THE VALLEY NEWS, a newspaper of general circulation, published weekly at Meridian, County of Ada, State of Idaho; That the annexed notice was published in said newspaper once each and every week for I consecutive weeks, First publication being on the 1 Fl �" day of F L ucw - , 1993 , and the last publication being on the day of ,1993. That the said newspaper has been published continuously and uninterruptedly in said county during a period of more than seventy-eight consecutive weeks prior to the first publication of the attached notice. , /(% Principal Clerk Sus:obedwand swam before me this d1 day of _ ,19;: ROOF OF PUBLICAMUII County of Ada State of Idaho Helen Alidjani, being first duly sworn, on oath says that she is the principal clerk of THE VALLEY NEWS, a newspaper of general circulation, published weekly at Meridian, County of Ada, State of Idaho; That the annexed notice was published in said newspaper once each and every week for 1 consecutive weeks, First publication being ori the ) 144' day of C P P r ,19 9 2, and the last publication being on the day of ,19 That the said newspaper has been published continuously and uninterruptedly in said county during aperiod of more than seventy-eight consecutive weeks prior to the first publication of the attached notice. Principal Clerk S ibscribed and sworn before me this _,%i day of YJ 92. LL4./� % Notary Public My commission expires: I/ —1 "`—f 7 Residence: (SEAL) LEGAL NOTICE OF PUBLIC HEARING CITY OF EAGLE, IDAHO Notice is hereby given that the Eagle Planning and Zoning will hold a public hearing on January 4.1993 at 7:30 P.M. AT THE EAGLE CITY HALL The purpose of the hearing is to consider: Amending Subsection 5. Section 1. Chapter 4. Trek 9. ECC. relating to street lights in the subdivisions. to require subdividers within City limits to install, street lights: to provide ibat the jnstallatiop be at the subdivider's expense: to provide that the lights be in accordance with City snecificatims and sl, pdards: to o rovide that the light locations be designated by the administrator: to provide the City pav costs of maintenance and noweaq pLvide that subdividers outside Citv limits. but within the Eagle City Area of jmnact. deposit a street light fee with the administrator in lieu of installation: and providing that said fee be determined on a per light basis and be dengsited in a trust fund for future light installsation, Additional city code information is avialable at Eagle City Hall. Written comments will be accepted until 5:00 p.m. on the day of the public hearing. /s/BARBARA MONTOMERY EAGLE CITY CLERK Publish December 17. 1992.