8-3-11: PRIVATE ROADS:

   A.   Purpose: This Section allows property owners to construct and maintain private roads to provide access to properties that do not have frontage on a public street.

   B.   Applicability: These standards apply to all new private roads, all extensions to private roads, and in some instances, to existing private roads.

   C.   Process:

      1.   When Application Is Required:

         a.   The construction of all new private roads.

         b.   Extensions to existing private roads.

         c.   The addition of properties to an existing private road, which requires the road to be widened and paved as required in subsection D2 of this Chapter.

         d.   An application for a private road shall not be required when an existing private road has had prior written approval and provides adequate access for the additional lots of property being proposed.

            (1)   Documents demonstrating approval and adequate access must be submitted as part of the property development application.

            (2)   Submitted documents include:

               (A)   A copy of the recorded perpetual access easement that demonstrates the easement is applicable to additional properties;

               (B)   The recorded maintenance agreement that demonstrates it is applicable to the additional properties;

               (C)   And the original approval from Ada County or the city which approved the existing private road.

      2.   Tentative Approval; Requirements: Upon tentative approval of the application by the Director subject to any applicable conditions of approval and Section 8-6-6 of this Title, the following tasks shall be completed in one year or two (2) years if a private road is a part of a subdivision application:

         a.   Obtain approval from the Ada County Street Naming Committee for a private road name (see Title 2, Chapter 1 of this code);

         b.   Contact the Ada County Highway District (ACHD) to install an approved street name sign that complies with the Ada County uniform street naming ordinance (see Title 2, Chapter 1 of this code);

         c.   Record a perpetual access easement with the Ada County Recorder for the private road from a public street to all applicable properties;

         d.   After the private road is constructed and the street name sign is installed, schedule an inspection by the Ada County Engineer; and

         e.   Documentation of a binding contract shall be provided that establishes the party or parties responsible for the repair and maintenance of the private road including regulations for the funding thereof.

      3.   Completion; Approval: Upon completion of the items noted above, the Director shall issue a letter stating that the private road has been approved. No building permit shall be issued for any structure using a private road for access to a public street until the private road has been approved.

   D.   Standards: All private roads (including extensions of previously approved private roads) must be designed by a professional engineer licensed in the state of Idaho and constructed to the following standards (see Figure 8-3-11-1 Private Road Minimum Construction Standards for Properties Outside and Inside an Area of Impact):

   Figure 8-3-11-1 Private Road Minimum Construction Standards for Properties Outside and Inside an Area of Impact

      1.   Design Standards:

         a.   The private road shall be constructed on a perpetual access easement or a single platted lot that originates from a public street and provides access to all applicable properties.

            (1)   Outside an area of impact, the easement or lot shall be a minimum of thirty feet (30') in width. Inside an area of impact, the easement or lot shall be a minimum of fifty feet (50') in width.

            (2)   If located on a lot, the primary function of the lot shall be to accommodate the private road. Minimum parcel size requirements shall not apply.

         b.   All properties abutting an approved private road shall have the same minimum required street frontage as required by the applicable base district.

            (1)   Exception: If the turnaround for the private road is located within a property as illustrated in Figure 8-3-11-2 Private Roads, the required frontage shall be thirty feet (30') (the width of the private road easement).

         c.   The point of connection of the private road and the public street shall be approved by the Ada County Highway District or the Idaho Transportation Department if abutting a state highway.

         d.   The private road shall terminate at a forty-five-foot (45') radius cul-de-sac or other approved turnaround configuration.

            (1)   The turnaround may be located in an area of the property other than where the private road enters the property (see Figure 8-3-11-2 Private Roads.)

            (2)   If an alternate location and/or configuration for the turnaround is proposed, the following additional standards shall apply:

               (A)   Written approval shall be provided from the appropriate fire district.

               (B)   The County Engineer shall review and approve the alternate location and/or configuration.

         e.   The private road shall only intersect a public road at its origination point.

         f.   The private road shall not intersect another private road.

         g.   New gates or other travelway obstacles shall not be allowed except in exceptional circumstances when the Director determines the gate or gates are necessary to improve safety or to halt environmental degradation in the area. Before approving a new gate or other obstacle, the Director shall provide the fire district, or if no fire district, the Ada County Sheriff, with advice from the Idaho State Fire Marshal's Office, the opportunity to review the proposal and offer recommendations.

            (1)   Approved gate openings shall be a minimum of twenty feet (20') wide, be located a minimum of thirty feet (30') from the public right of way, and when the gate is open, the travelway, for its entire width shall be clear and unobstructed.

            (2)   Gates located on one-way roads shall open in the same direction that traffic moves. Gates located on two-way roads must open in both directions that traffic moves. Gates that open upward shall not be allowed.

            (3)   Gates shall have a fail-open lock in the event of a loss of power.

         h.   No segment of the travel way of a private road shall exceed ten percent (10%) grade. Fire apparatus roadways in locations that front buildings, at intersections with other roads, and in front of fire hydrants, shall not exceed eight percent (8%) grade.

         i.   If the private road is located within the Wildland-Urban Fire Interface Overlay district, the additional design standards listed in Section 8-2-25 (Wildland-Urban Interface Overlay District) of this Title apply.

         j.   Upon the County Engineer's review of the design of the proposed private road that licensed in the state of Idaho, the submittal of a drainage study may be required before constructing the private road.

      2.   Construction Standards:

         a.   Private roads that serve developments located within an area of impact and exceed a density of three (3) dwelling units per acre shall be constructed to the Ada County Highway District standards for urban local roads.

         b.   All other private roads shall be constructed to the following standards:

            (1)   Private roads that will provide frontage or access to four (4) or fewer properties shall have a travel way with a minimum improved width of twenty feet (20'). Private roads that will provide frontage or access to more than four (4) properties shall have a travel way with a minimum improved width of twenty-four feet (24').

            (2)   The travel way shall have a stable, compacted base.

            (3)   There shall be a crown or transverse slope of two percent (2%) to drain water away from the travel way.

            (4)   The improved surface shall consist of six inches (6") of compacted three-fourths inch (3/4") minus crushed gravel or other materials approved by the County Engineer. Private roads that provide frontage and/or access to more than four (4) properties shall be paved with two and a half (2.5") inches of asphaltic concrete.

            (5)   Any segment of a travelway of a private road greater than five percent (5%) grade shall be improved with asphalt or concrete paving.

            (6)   For the purposes of this Section, corner properties that abut a private road shall be counted as taking access off the private road. Temporary dedicated open space lots that were created as part of a nonfarm subdivision shall also be counted as taking access off the private road.

   E.   Required Findings: In order to approve the application, the Director shall find the following:

      1.   The design of the private road meets the requirements of this Section;

      2.   Granting approval of the private road would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and

      3.   The use and location of the private road shall not conflict with the applicable comprehensive plan and/or the regional transportation plan.

(Ord. 1002, 10-28-2025)