A.

When allowed: Private roads may be allowed for; dead end roads less than four hundred fifty (450) feet in length (as measured from the closest connecting public road edge of pavement), gated communities, or commercial developments. A private road may provide access to any parcel, lot or lots provided city council makes written findings that the private road(s) is/are in compliance with the following standards:

1.

Unique or extraordinary circumstances exist with respect to the proposed use, design, location, topography, geographic barriers, or other features of the development such that a private road will serve to enhance the overall development.

2.

A private road shall not take access from an arterial unless approved by the planning and zoning director on a case-by-case basis, as said roads are described in the ACHD master streets map, Kuna Street Circulation Plan or state highway plan.

3.

The private road shall provide for the safe and effective movement of vehicular and pedestrian traffic including sidewalks, and parking.

4.

The private road shall provide 24-hour access for service and emergency vehicles.

5.

The private road shall not adversely and/or significantly affect the public's access or the transportation circulation plan to and through the area.

6.

The private road shall not landlock or limit access to adjacent properties.

7.

Other than to provide emergency vehicle access, private roads shall not provide connectivity from one (1) public road to another, or otherwise encourage travel through the development served by the private road; however, a private road may have a secondary access to a public road and/or may be connected to more than one (1) public road if access thereto is controlled by automatic gates or other traffic control devices as approved by city council.

8.

The use or alignment of the private roads shall provide for the continuity of the public road grid or existing or planned public pathways as shown on Kuna's Recreation and Master Pathway Map.

9.

If the private road is situated within a commercial development, the developer shall comply with subsection C, which shall be approved by city council prior to recordation of the final plat.

B.

Construction and design standards: Private roads shall conform to the following construction and design requirements:

1.

A private road shall be a perpetual ingress/egress easement or a single platted lot within the development or subdivision that provides access to all properties served by the private road. When the private road is a portion of a subdivision, the preference is that the private road be a lot within the plat.

2.

The connection of the private road to a public road shall be approved by Ada County Highway District and the city engineer.

3.

The development shall not restrict access to existing or future planned pathways or greenbelts.

4.

Private road construction and design shall be in accordance with Ada County Highway District's structural standards for roadways and requirements for local street sections and the Ada County Highway District's intersection design and storm drainage and storage requirements, and as recommended by the city engineer and approved by city council.

5.

Private roads shall be graded away from public road intersections, where possible.

6.

Except as may be otherwise set forth in this section, private roads shall meet design and dimensional requirements as the city council deems appropriate considering the proposed use, and the site where the private roads are to be located. All private roads shall have a paved travel lane of not less than twenty-eight (28) feet in width.

7.

Curb, gutter and sidewalks shall be required in accordance with KCC § 6-4-2, and may be modified at the discretion of the city planning and zoning director, public works director, city engineer, and approved by city council. Lighting shall comply with the requirements of KCC, as amended.

8.

The design engineer shall identify on the construction drawings submitted for 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, street name(s) and such other signs as are required for safe pedestrian and vehicle travel.

9.

All private roads 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 and KCC 6-4-2, the construction drawings shall be prepared by an Idaho state licensed professional engineer, and follow best practices for engineering and construction. 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.

10.

All private roads shall originate in a public right-of-way and terminate in a public right-of-way, or at a fire district approved turnaround area.

11.

The design of all private roads and related storm drainage facilities shall be prepared by an Idaho state licensed professional engineer and in substantial conformance with engineering and design standards in effect at the time of design. Construction drawings, together with a certification of such conformity, shall be submitted for review and approval to the city engineer. No part of this section shall be construed as allowing a private road that is not in conformance with current engineering and design standards best practices.

12.

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 city council.

C.

Access and maintenance requirements: Provisions shall be made for future maintenance of and access to private roads as follows:

1.

A plan and schedule for future repair and maintenance of the private road and drainage facilities for the expected lifetime thereof and a cost estimate therefore prepared by an Idaho state licensed professional engineer, 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.

2.

The location of the private road shall be clearly depicted on the face of the plat, and the plat notes shall be included on the face of the plat that shall:

a.

Act to convey to each lot owner within the subdivision to be served by the private road the perpetual right of ingress and egress over the described private road;

b.

Provide that such perpetual easement shall run with the land;

c.

Provide the instrument number for the cross-access agreement for all properties being served by the private road, whether or not they are under common ownership; and

d.

Provide that the restrictive covenant for maintenance of the private road cannot be modified or dissolved by the homeowners'/property owners' association or other entity without the express written consent of the city.

3.

A restrictive covenant for repair and maintenance of the private roads shall be recorded at the time of recording the final 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 road in accordance with the approved plan as provided for in subsection 1. above.

4.

The restrictive covenant, as described in subsection 3, above shall be reviewed by the city attorney prior to certification and signing of the final plat by the city engineer.

5.

The private roads shall provide 24-hour access for service and emergency vehicles. If required for access, the developer shall provide the fire and police department with the necessary transmitters and/or any technology updates to allow the access, at the developer's expense.

6.

City council may, in the reasonable exercise of its discretion, order the owners or the entity responsible for the maintenance of any private road approved in accordance with the provisions of this section, to undertake such repair and maintenance activities as necessary to protect public health, safety, or welfare; and the owner or responsible entity shall, as a condition of approval of any such private road, agree to comply with any such order and reimburse the city all costs, including attorney fees, incurred in obtaining or enforcing any such order. Any order entered by the city 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.

Gated roads: Gated roads are only allowed on private roads, and if serving more than one (1) lot, must comply with the following:

1.

No gate(s) may be installed within the public right-of-way;

2.

Each gate placement must receive written approval from the city, fire department and police, prior to installation;

3.

Each gate shall allow for 24-hour emergency vehicle access;

4.

Each gate must be inspected by the city and emergency services prior to signing of the final plat;

5.

All gates within an approved development shall be removed if the private road becomes public road and accepted by the Ada County Highway District;

6.

A gate location may be denied by the city based upon traffic conditions and overall community-wide connectivity needs;

7.

Streetlights on gated roads shall be privately owned and maintained.

E.

Private alleyways may be allowed under the following conditions:

1.

A minimum travel lane of sixteen (16) feet;

2.

Directionally signed one-way;

3.

Designed and constructed in accordance with this chapter;

4.

Connect to roads at each end.

F.

Conformity to comprehensive plan: All private roads and private alleyways shall substantially conform to the comprehensive plan and city standards.

G.

Waiver: City council may waive or modify any of the standards or requirements of this section when a private road has been determined to be an integral element of the overall site plan and scheme of the development, or it will serve to enhance the overall development; provided, any waiver shall not be injurious to public health, safety, or welfare of the public, or substantially impact adjacent properties.

(Ord. No. 2024-06, § 2, 4-16-2024)