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.
   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 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;
            (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 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;
            (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.
(Ord. 566, 5-15-2007; amd. Ord. 820, 12-10-2019; Ord. 827, 10-22-2020; Ord. 858, 10-26-2021; Ord. 868, 8-8-2022; Ord. 897, 6-27-2023)