Gem County Unincorporated
City Zoning Code

CHAPTER 24

PRIVATE ROAD STANDARDS

11-24-1: DESIGN STANDARDS APPLICABLE TO TYPE A PRIVATE ROADS:

A. Design Standards. All previously approved private roads, existing as of the effective date of this chapter, shall demonstrate compliance with any applicable maintenance agreements and standards in existence at the time the road was approved. (Ord. 2025-06, 3-24-2025)

11-24-2: DESIGN STANDARDS APPLICABLE TO TYPE B PRIVATE ROADS:

A. Design Standards. All new private roads shall demonstrate compliance with the following design standards within the required subdivision plat or development application.

1. All Type B private roads shall be entirely located within a minimum forty (40) foot wide perpetual access easement, tract, or lot.

a. Where a non-buildable lot is established for location of a private road, the minimum lot size requirements designated for each zone district shall not apply to the non-buildable lot and said lot shall be designated as non-buildable. Shared driveways shall be excluded from this provision.

b. Type B roads shall be designed at a minimum per Idaho Standards for public works construction (ISPWC) standards consisting of twelve (12) inches of compacted pit run aggregate base course and four (4) inches of compacted road mix leveling. (Ord. 2025-06, 3-24-2025)

11-24-3: DESIGN STANDARDS APPLICABLE TO TYPE C PRIVATE ROADS:

A. Design Standards. All private roads that could be dedicated to the county for public use for connectivity in the future shall demonstrate compliance with the following design standards within the required subdivision plat or development application.

1. Type C private roads shall be located within a minimum sixty (60) foot tract or lot and paved per Idaho standards for public works construction (ISPWC).

b. Once full road connection is complete, the tract(s) or lot(s) would be dedicated to the county as public-right-of-way.

2. Creation of, or conversion to, a Type C private road requires a development agreement, recorded with the county clerk and recorder, stating maintenance and transfer of ownership requirements for the eventual public dedication. (Ord. 2025-06, 3-24-2025)

11-24-4: DESIGN STANDARDS APPLICABLE TO ALL PRIVATE ROADS:

A. All new private roads and extensions or expansions of existing private roads shall consist of a minimum improved surface width of twenty-four (24) feet with borrow ditches on either side for drainage. Borrow ditches shall be per the Gem County road and bridge standards.

B. Underground conduit for utilities shall be coordinated with all utility providers before they are completed to prevent future disruption for installation and to determine easement locations.

C. The fire district may require secondary access to a lot or subdivision if it is determined that there is not adequate accessibility to the lot for emergency management.

D. Gravel private roads connecting to a paved public or private roadway shall include a paved approach to the new or expanded private road or road addition per County road and bridge standards.

E. Private roads shall not exceed seven (7) percent grade. Exception to this standard may be granted by the fire district, however, the county will not accept roads in excess of seven (7) percent grade for public dedication.

F. No more than two (2) roads shall intersect at one point.

G. All gates on private roads shall comply with fire district standards and be placed no closer than fifty feet (50') from the right-of-way of the connecting road to allow for adequate pull off and turnaround distance for emergency vehicles.

H. All road intersections shall comply with sight triangle requirements per the Gem County road and bridge standards.

I. Roads shall be constructed with turnarounds and pull-outs to meet the minimum size and length as set forth in the Gem County road and bridge standards and applicable fire district standards.

J. Provision for future roads planned to connect to undeveloped parcels shall be made by the applicant. Roads that are a continuation of established roads shall be aligned so that the centerlines align within no more than ten (10) feet of each other. Easements to protect future connections shall be shown on the document of record.

K. Provision for future pedestrian connections planned within a subdivision shall be made by the applicant per section 11-26-3 .

L. All roads within an area of city Impact (AOCI) shall be constructed to the city's public street standard for an urban local.

M. Existing ditch or canal roads shall not be utilized as access.

N. Roads may cross ditch or canal roads with a crossing license or agreement that includes the provision of a culvert or bridge as approved by the ditch or canal company and fire district to ensure existing water flow is not inhibited. Culvert or bridge shall be per Gem County road and bridge standards if within the county right-of-way. (Ord. 2025-06, 3-24-2025)

11-24-5: CHANGE OF PRIVATE ROAD USE STANDARDS:

A. The following shall apply to any change or expansion of road use due to the addition of lots or uses requiring a development application.

1. When an existing private road has prior written approval and provides access for the additional lots or use being proposed, the previously approved private road may be expanded upon demonstrating approval and adequate access as part of the property development application. Submitted documents shall include:

a. A copy of the recorded perpetual access easement that demonstrates the easement is appurtenant to the additional lots or uses;

b. The recorded maintenance agreement that demonstrates it is applicable to the additional lots or uses.

2. When the existing private road does not provide for access for the additional lots or use as described in paragraph 1 above, all easements and agreements associated with the private road for expansion, as measured from the point of origin, shall be amended or created to include the additional lots or use per the following:

a. The proportion of property owners required for modification pursuant to the applicable existing perpetual access easement or maintenance agreements; or

b. Approval of two thirds (2/3) of the property owners associated with the perpetual access easement or maintenance agreement; and.

c. The amended perpetual access easement and maintenance agreement shall include the new properties or use and, as applicable, acknowledgment of other agreements along the same road, as measured from the point of origin. If no maintenance agreement exists, one shall be established at this time; and

d. New accessory uses, including accessory dwelling units and home occupation permits, that are indicated as a permitted use in title 11, section 5, Zoning Matrix, associated with an existing property are exempt from this provision.

3. Extended or expanded portions of a private road shall be constructed per the following:

a. Idaho standards for public works construction (ISPWC) standards consisting of twelve (12) inches of compacted pit run aggregate base course and four (4) inches of compacted road mix leveling.

b. If the existing road is substandard, then the new extended portion of the road shall be built with a smooth transition between roads. (Ord. 2025-06, 3-24-2025)

11-24-6: MAINTENANCE PROVISIONS APPLICABLE TO ALL NEW PRIVATE ROADS AND EXTENSIONS OR EXPANSION OF EXISTING PRIVATE ROADS:

A. A binding agreement shall be recorded for all private roads that minimally:

1. Provides for the perpetual maintenance of the private road,

2. Provides that said agreement shall run with the land,

3. Acknowledges that the maintenance agreement may be amended with future subdivision of land along the private road that results in additional lots, and

4. Be binding on all successors, heirs, and assigns.

B. Duty To Maintain Access. Any person or group who is responsible for the maintenance of private roads which are necessary for access by residents or for public utility services, vehicles, or equipment, or by emergency personnel, vehicles, or equipment, shall continuously maintain such roads in an unobstructed condition.

C. All private roads shall be continuously maintained in conformance with the standards of this section.

D. Failure To Maintain. If the responsible party fails to maintain the road per the approved agreement, they shall be penalized per section 12-1-8 : Enforcement and Penalties.

1. Whenever a failure to maintain exists which cannot be abated or removed because the person or persons responsible therefore cannot be found, or when the party or parties responsible for the failure to maintain has, on at least one occasion failed and/or refused to abate or remove said maintenance failure, any duly authorized representative of the county shall be empowered to take steps necessary to maintain or abate the failure when such failure has reason to cause harm to people or property, and retains the right to cause the same to be done by abatement action with courts against the said responsible party or parties. (Ord. 2025-06, 3-24-2025)