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Alpine City Zoning Code

3.17

Trail Ordinance

3.17.010 Purpose

The purpose of this Ordinance is to provide off-street venues for activities such as walking, jogging, cross-country skiing, snow-shoeing, cycling, horseback riding, etc.

(Ord. 99-08, 8-10-99; Amended by Ord. 2004-11, 7/13/04; Ord. 2008-05, 7/22/08; Ord. 2009-06, 4/28/09)

3.17.020 Permitted Uses

  1. Trail Usage. Alpine trails are multi-use for pedestrians, equestrians, bicyclists and other similar non-motorized uses. ADA (American Disability Act) access for motorized wheelchairs shall be indicated by signage.

(Ord. 99-08, 8-10-99; Amended by Ord. 2004-11, 7/13/04; Ord. 2008-05, 7/22/08; Ord. 2009-06, 4/28/09)

3.17.030 Special Provisions

  1. All present and future trails in the City of Alpine as noted on the attached map are hereby made a portion of this Ordinance. Usage and restrictions of usage are noted on the map.
  2. Land included in these trails, paths and walkways shall not be disposed of in any manner or used for any other purpose than specified herein except after a recommendation of the Planning Commission and a public hearing by the City Council, and by a majority vote of the City Council.

(Ord. 99-08, 8-10-99; Amended by Ord. 2004-11, 7/13/04; Ord. 2008-05, 7/22/08; Ord. 2009-06, 4/28/09)

3.17.040 Prohibited Activities

All activities not expressly permitted in this Ordinance are prohibited.

(Ord. 99-08, 8-10-99; Amended by Ord. 2004-11, 7/13/04; Ord. 2008-05, 7/22/08; Ord. 2009-06, 4/28/09)

3.17.050 Purpose Of Improved Trails

Trails encourage and enhance public use of open spaces and may be added to any public area, within the guidelines of each designation, as deemed necessary by the City, and following recommended procedures for improvements.

  1. Trails serve to protect the terrain. Without improved trails, pedestrians, equestrians, and cyclists create erosion and can effectively destroy the aesthetic aspects of any open space. In sensitive areas, the City may limit usage to improved trails only.
  2. Trails sanction public use of these lands. Without a clearly marked trail, it is difficult for citizens to know if they are within their rights to traverse open spaces; therefore, usage is inhibited.
  3. Trails are an effective way to direct traffic. They can and should be placed to maximize the privacy of neighboring residences.

(Ord. 99-08, 8-10-99; Amended by Ord. 2004-11, 7/13/04; Ord. 2008-05, 7/22/08; Ord. 2009-06, 4/28/09)

3.17.060 General Restrictions

  1. General Restrictions. Certain restrictions apply to all publicly owned trails, regardless of designation.
    1. No motorized vehicles shall be allowed on trails except for vehicles performing trail maintenance, emergency vehicles, motorized wheel chairs on trails which are ADA (American Disability Act) accessible, or as designated by the City Council.
    2. Public entry may be prohibited in designated areas, at specific times, and/or seasons. This may be further restricted to specific types of use, such as cycling, horseback riding, cross country skiing or as established by the City Council.
    3. Open fires will not be allowed except in City-installed fire pits in such places as the Bowery and historic Moyle Park.
    4. Overnight camping will not be allowed, except in designated areas (Bowery), and with the notification of and a permit from City Hall.
    5. All dogs are to be leashed, except in Lambert Park in which case the dog is to be under the owner's direct control at all times. All animal excrement is to be cleaned up by the dog owner.
    6. Dumping or storage of private property will not be allowed.
    7. Nothing may be placed by individuals to restrict or obstruct the public right-of-way.
    8. The City Council may allow or prohibit other uses as it deems reasonable and proper.

(Ord. 99-08, 8-10-99; Amended by Ord. 2004-11, 7/13/04; Ord. 2008-05, 7/22/08; Ord. 2009-06, 4/28/09)

3.17.070 Trail Definitions And Designations

  1. Definition of Trail Types. The following definitions include the types of trails allowed in the Ordinance. (See Appendix A for cross sections of the trail types.)
    1. Class A: Six (6) foot sidewalk.
    2. Class B: Eight (8) foot asphalt trail.
    3. Class C: Eight (8) foot crushed rock trail.
    4. Class D: Four (4) foot crushed rock trail.
    5. Class E: Two (2) foot dirt trail.
  2. Trail Design
    1. Trail types will be designed on a case-by-case basis. Width may vary within a given trail if topography so indicates. (e.g., wide in flat areas, narrow when winding up or down hills.) Trails may consist of those types defined in DCA 3.17.070 Part 1 and shall be constructed to Alpine City Standards.
    2. All trail corridors shall be a minimum of 20 feet in width and shall be on land deeded to Alpine City in fee simple or on trail easements obtained by the City.
    3. All trails installed in the City's ROW through or leading to open spaces should be located in the center of the ROW wherever possible, or in such a way as to maximize the privacy of adjacent property owners, while at the same time considering topography, aesthetics, views and land use plans.
    4. All proposed trails shall be located in accordance with the Trail Master Plan. The Trail Master Plan shall be used as a guideline in determining the precise placement of the trail. Precise location and type of trails shall be determined by the City Council upon the recommendation of the Planning Commission. The Planning Commission may utilize the Trail Committee to study and evaluate trail proposals.
    5. Signs shall be placed at entry points to trails or to open space from public roads or other public lands. These signs shall identify the trail and also note usage restrictions.
    6. Trailheads designated on the Trail Master Plan shall include off-street parking and may include other facilities such as restrooms or picnic tables.
    7. Alpine City is responsible for the landscaping and maintenance needs of all publicly- owned open space and trails.

(Ord. 99-08, 8-10-99; Amended by Ord. 2004-11, 7/13/04; Ord. 2008-05, 7/22/08; Ord. 2009-06, 4/28/09)

HISTORY
Amended by Ord. 2020-12 on 6/23/2020

3.17.080 Public Right Of Way And Placement Of Trails Through Open Space

  1. The attempt to restrict trail placement is, in effect, an attempt to restrict public use, and therefore not in keeping with the definition of public open space.
  2. On all publicly-owned lands and trail easements, the City retains the right, subject to standards specified in DCA 3.17.070, to install trails as it deems necessary, in order to protect, direct and enhance public use of the open space.

(Ord. 99-08, 8-10-99; Amended by Ord. 2004-11, 7/13/04; Ord. 2008-05, 7/22/08; Ord. 2009-06, 4/28/09)

3.17.090 Master Trail Plan

  1. When a proposed development includes a trail, trailhead or any segment of a trail as shown on the Trail Master Plan, incorporated on the attached map, the building or subdivision plans and plats shall incorporate such trails or trailhead, and they shall be built by the developer.
  2. The City may also indicate future trails in any publicly-owned open space, which will not be required to be constructed by the developer at the time of subdivision improvement, but may be constructed in the future. Such future trails shall be shown on the plans and plats so that future homeowners can be aware of them.

(Ord. 99-08, 8-10-99; Amended by Ord. 2004-11, 7/13/04; Ord. 2008-05, 7/22/08; Ord. 2009-06, 4/28/09)

3.17.100 Trail Improvements And Maintenance

  1. Maintenance and Improvements to Public Trails by Private Individuals/Groups. The City recognizes the benefit of private participation in caring for these lands. Therefore, individual citizens and citizen groups shall be allowed and encouraged to improve and maintain trails. However, these improvements shall be governed by guidelines incorporated in this ordinance, which includes specific rules for each designation.
    1. All requests for improvements and long-term maintenance of City-owned property by citizens shall be presented in writing to the Planning Commission. These requests shall include a written or drawn landscape design. which confirms to the requirements set forth in DCA 3.13 Approval of such requests will be granted based on adherence to general and designation guidelines, compliance with City ordinances and a visit to the site. If approved, the request will be kept on file for further reference.
    2. Any landscaping, maintenance or other improvements to trails which do not receive prior approval as specified within this ordinance shall be deemed an encroachment. All such encroachments shall incur a penalty (fine) as established by the City Council. Upon direction of the City Council and after 30 days notice from the City Administrator, such encroachments are subject to removal and the area involved shall be restored to its original condition at the citizen’s expense.
  2. General Improvement Guidelines. The following guidelines apply to all improvements to publicly-owned lands, regardless of the designation.
    1. Homeowners have no right to encroach on publicly-owned lands. These open spaces are not to be considered or treated as an extension of private property. Without express permission from the City, all of the following apply:
      1. Grass, trees or shrubbery may not be planted.
      2. Fences or other obstructions may not be erected across trails.
      3. Grading may not be done.
      4. Sprinkler systems may not be installed.
      5. Vegetation may not be cut or destroyed.
      6. Rain-gutter or other drainage may not be directed onto trails.
      7. Waterways within trail easements shall not be piped unless approved by the City Council.
      8. All other encroachments are expressly forbidden.
    2. When permission is granted to individuals or groups to improve trails, all such improvements become the property of the City.
      1. The City is ultimately responsible for care and maintenance of such improvements.
      2. The City may remove any elements as it deems necessary.
      3. Written City approval must be obtained for any private parties to remove any such elements.
    3. When permission is given to private parties to improve trails, these same parties will be required to maintain these improvements, unless otherwise specified.
    4. When written permission is given to improve public open spaces and trail easements, the following general guidelines apply to all designations except natural (conservation) areas:
      1. Shrubs may be planted within the trail easement, but must be no more than 2 feet high and be kept pruned back from the trail edge.
      2. Non-invasive groundcovers may be planted in the trail easement but shall be kept off from the trail. Low and slow-growing junipers, cotoneaster, vines and grasses are examples of acceptable plants.
      3. All trees are to be planted outside the trail corridor.
      4. All sprinkling piping and heads are to be located entirely on private property. Drip irrigation pipes may go into the easement and would be the preferred watering method.
  3. Improvements to Private Property Bordering Trails
    1. Fences or borders along property lines adjacent to a trail must meet specific standards.
      1. When the width of the trail easement is less than 50 feet, bordering fences may not exceed 6 feet in height, and shall not obstruct visibility (open designs such as rail fence, field fence, or chain link are preferable.)
      2. When the width of the open space is 50 feet or more, fence standards as specified elsewhere in this ordinance apply.
      3. Fences and hedges must be completely within the boundaries of the private property.
      4. Hedges or shrubs must be maintained to the same height requirement as fences.
      5. The owner of the fence or hedge must maintain the side facing the open space.
    2. Domestic animals on property adjacent to the trail shall be restrained such that they cannot enter the trail easement.
    3. All trees are to be planted entirely on private property. Any trees with branches that overhang the trail must have those branches pruned to a height of at least 10 feet above the trail to provide headroom for cyclists, equestrians and general safety.

(Ord. 99-08, 8-10-99; Amended by Ord. 2004-11, 7/13/04; Ord. 2008-05, 7/22/08; Ord. 2009-06, 4/28/09)

HISTORY
Amended by Ord. 2023-06 on 3/14/2023

3.17.110 Enforcement

  1. Subdivision Approval Stage
    1. Trail designations and ownership shall be included on all plats and recorded on deeds.
    2. Trail signs shall be provided by the City. These signs shall indicate City-owned trails and penalties for misuse or damage.
    3. Developers are required to stake, clearly tape off and post signs marking all trail corridors prior to the start of construction. The site may be walked by City staff, Trail Committee, Planning Commission, and City Council.
    4. A bond to be approved by the City Engineer shall be posted by the developer against damage to public trails during construction.
  2. Before Bond Release
    1. Developers shall ensure that tapes and signs are in place continuously during construction. The tapes and signs shall remain in place until bonds are released. They shall be replaced if necessary if damaged or lost from other causes.
    2. Developers will be assessed a fine if damage is done to publicly owned areas by their sub-contractors or their agents, and they will be required to restore the area(s) at their cost to the satisfaction of the City Engineer.
  3. Before Building Permit is Issued
    1. Before building permits are issued, all potential homeowners with property adjacent to trails shall bond, (amount to be set by City Engineer) for any and all damage done to public property caused by the owner and/or his contractor or agents during home construction.
    2. Public trails must be staked, clearly taped and marked with signs so that all construction crews will be aware of these public lands.
    3. A copy of this ordinance shall be provided to the property owner when the building permit is issued.
  4. Before Occupancy Permits are Issued
    1. All damage to public trails and/or improvements upon it caused by home construction must be repaired by the homeowner at his or her expense.
    2. If construction is completed during winter and weather prohibits replanting or other restoration, an additional bond may be posted to be held until repairs are approved by the City Administrator. The amount of bond is to be determined by the City Engineer.

(Ord. 99-08, 8-10-99; Amended by Ord. 2004-11, 7/13/04; Ord. 2008-05, 7/22/08; Ord. 2009-06, 4/28/09)

HISTORY
Amended by Ord. 2020-12 on 6/23/2020

3.17.120 Other Remedies

Notwithstanding the enforcement measures in DCA 3.17.110, all penalties contained in DCA 3.26 may be imposed in lieu of or in addition to all other remedies in case of infractions.

(Ord. 99-08, 8-10-99; Amended by Ord. 2004-11, 7/13/04; Ord. 2008-05, 7/22/08; Ord. 2009-06, 4/28/09)

3.17.130 Trail Safety And Etiquette

  1. Purpose. The purpose of this Ordinance is to secure the safe, quiet, orderly and suitable use and enjoyment by the public on Alpine City Trail, and to ensure the public’s right quiet, lawful enjoyment, both users and homeowners.
  2. General Restrictions
    1. Trails will be closed between dusk and dawn. This excludes the trails in all City parks and sidewalks designated as trails.
    2. Do not serve, possess, or consume any alcoholic beverages or illegal drugs within or upon the Trail Corridor.
    3. No discharge of any weapons.
    4. No Fires, Fireworks and Smoking along the trail corridor.
    5. No Dumping or any discharge of waste.
    6. Do not remove, alter, injure or destroy the natural resources in city open spaces and trail corridors (rocks, flowers, trees, etc.).
    7. No operation of motorized vehicles except in designated areas. Motorized vehicle trails shall be closed from dusk to 7:00 am.
    8. All dogs must be leashed except within the boundaries of Lambert Park.
    9. Trail users shall not leave the trail corridor and enter on private property without permission of the landowner.
    10. New trails and trail realignments shall be approved by the City.
    11. Nothing will be constructed or placed to restrict the trail right of way.
    12. Any abuse of the above restrictions could result in closing the trail by the City.
  3. Trail Etiquette
    1. Stay on established, marked trails.
    2. Do not cut cross country where there are not trails.
    3. Try to prevent widening of trails.
    4. Bikers yield to Hikers, both yield to horses. Motorized vehicles yield to all.
    5. Do not enter private property.
    6. Keep noise level appropriate.
    7. Keep speed under control.
  4. Trail Events. Any organization wishing to use Alpine City trails must post a refundable deposit for events such as races, etc. to protect against the damage to public trails and clean-up costs. The refundable deposit shall be set by the Alpine City Council on the City Fee Schedule. Alpine City Council shall approve the trail/course to be used in the event. Alpine City shall not take responsibility for injury resulting from said activities.
  5. Trail Watch. The Alpine City Trail Committee is charged with the job of creating and overseeing the trail-watch program. The trail-watch program shall be created too provide a safe city trail system. The trail-watch program shall consist of the following four categories: 1) volunteer patrols, 2) trail maintenance reporting system, 3) better signage, and 4) training and notifying the public on various trail issues including what to do in an emergency or how to report on general trail problems.




(Ord. 99-08, 8-10-99; Amended by Ord. 2004-11, 7/13/04; Ord. 2008-05, 7/22/08; Ord. 2009-06, 4/28/09)

HISTORY
Amended by Ord. 2020-12 on 6/23/2020

2020-12

2023-06