Private streets and private alleys may be permitted, in the discretion of the council, subject to the following:
A. Compliance: The council must find that any proposed private streets or private alleys are in compliance with each of the following criteria:
1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that private streets and or private alleys will serve to enhance the overall development.
2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking are provided.
3. Adequate access for service and emergency vehicles is provided.
4. Access and good transportation planning to adjacent property and to the area travel networks is not adversely affected.
5. Adjacent property will not be landlocked by the site layout.
6. Other than to provide emergency access, the private streets, or private alleys, do not connect one public street to another, thereby encouraging travel through the development served by the private street; provided, however, that in order to provide secondary access, a private street may have more than one connection to a public street and/or may be connected to more than one public street if access thereto is controlled by automatic gates or other control devices approved by the council.
7. The use or alignment of the private streets or alleys do not interfere with the continuity of public streets.
8. An appropriate mechanism has been established for the repair and maintenance of the private streets and private alleys, including provisions for the funding thereof.
9. Private streets and private alleys are only permitted within a planned unit development and are limited to providing access to no more than ten percent (10%) of the lots, except that private streets and private alleys may serve all single family attached dwelling lots.
B. Construction And Design Standards: Private streets and private alleys shall conform to the following construction and design requirements:
1. All private street and private alley construction shall be in accordance with Ada County highway district's structural standards for streets and alleys including base course and asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be recommended by the city engineer and approved by the city council, and shall further be in accordance with Ada County highway district's intersection design and drainage requirements, or as may be recommended by the city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets and private alleys shall meet such design and dimensional requirements as the council may determine are appropriate considering the proposed use and the site upon which the private streets are to be placed, however, all private streets shall contain paved travel lanes a minimum of twelve feet (12') in width and private alleys shall contain paved travel lanes a minimum of ten feet (10') in width and shall provide for the safe, convenient, and effective movement of both vehicular and pedestrian traffic for private streets and vehicle traffic for private alleys. Vertical curbing shall be provided for private streets that are less than thirty-four feet (34') in total width. Alleys must utilize other curb types.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title. However, alternative sidewalk and landscape strip designs may be approved by the City Council based upon a finding made by the Council that characteristics and qualities of the development justify the alternate design. Sidewalks and planter strips, as referenced within subsection 9-4-1-6F of this title, shall not be required along alleys.
4. The design engineer shall identify on the construction drawings for the review and approval by the city engineer, all traffic signs needed for the project, including, but not limited to, designated parking and "no parking" areas, speed, stop, and such other signs as are required for safe pedestrian and vehicle travel.
5. All private streets and private alleys shall, during the progress of construction, be inspected and tested, at the expense of the owner or developer, by a qualified inspector in order to ensure compliance with the construction and design standards set forth in this section, the construction drawings as prepared by the registered professional engineer, and good engineering and construction practices. Reports of such inspections and tests shall be submitted, together with a certification of such compliance, for the review and approval by the city engineer.
6. All dead end private streets and private alleys shall terminate at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of this chapter and subject to the approval of the Eagle fire district and city engineer and provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city engineer, and city council.
d. Private streets and private alleys not exceeding 150-feet may terminate with no turn-around if approved by the Eagle Fire District.
7. The design of all private streets and private alleys and related storm drainage facilities shall be prepared by a licensed professional engineer in the state in substantial conformance with engineering and design standards in effect at the time of preparation of the design. Construction drawings, together with a certification of such conformity, shall be submitted for the review and approval by the city engineer. No part of this section shall be construed as allowing a private street that is not in conformance with current engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable provision of this title, the provision which establishes the higher and/or more restrictive standard shall prevail, unless specifically determined otherwise by the city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance of and access to private streets and private alleys as follows:
1. A plan and schedule for the future repair and maintenance of the private street and private alley and drainage facilities for the period of the expected lifetime thereof and a cost estimate therefor prepared by a licensed professional engineer in the state, together with a proposed method for funding the same, including, but not limited to, the creation and maintenance of a reserve fund for that purpose, shall be submitted with the final plat application for review and approval by the city engineer and city council.
2. The location of private streets and private alleys shall be clearly depicted on the face of the plat and notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private streets or private alleys the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private streets or private alleys cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private streets or private alleys shall be recorded at the time of recording the plat which said covenant shall create a homeowners'/property owners' association or substantially similar entity and make provision for the perpetual maintenance of the private streets or private alleys in accordance with the approved plan as provided for in subsection C1 of this section. Said restrictive covenant shall also provide that the said covenant shall run with the land and that the said covenant cannot be modified and that the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The said restrictive covenant shall be reviewed and approved by the city attorney prior to certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the entity responsible for the maintenance of any private streets or private alleys approved in accordance with the provisions of this section to undertake such repair and maintenance activities as it may determine is necessary to protect the public health, safety, or welfare and make such expenditures from the funds reserved therefor as may be required thereby; and the owner or responsible entity shall, as a condition of approval of any such private street, be deemed to have agreed to comply with any such order and to reimburse the city all of its costs, including attorney fees, incurred in obtaining or enforcing any such order. Any order entered by the council pursuant to this subsection may be enforced by a court of competent jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets and private alleys shall, in all respects, conform to all applicable components of the comprehensive plan.
E. Waiver: The council may waive or modify any of the standards or requirements of this section when the private streets or private alleys have been determined to be an integral element of the overall plan and scheme of the development or will serve to enhance the overall development; provided, however, that any such waiver shall not be injurious to public health or safety. (Ord. 753, 8-23-2016; amd. Ord. 820, 12-10-2019; Ord. 858, 10-26-2021)