Item B: Gated Communities - Construction and Maintenance of Private Streets

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Public Works Engineering City of Eugene M 858 Pearl Street EMORANDUM Eugene, Oregon 97401 (541) 682-5291 (541) 682-5032 FAX Date: January 24, 2006 To: Mayor Piercy and City Council From: Mark Schoening, 682-5243 City Engineer, Public Works Engineering Subject: COUNCIL ASSIGNMENT: REGULATION OF GATED COMMUNITIES TO BETTER PROTECT THE PUBLIC’S INTERESTS This memo is in response to the Council Assignment – “Provide information on how the City might regulate gated communities to better protect the public’s interests.” The underlying issue is the burden placed on private property owners who are served by private streets and are responsible for the long term maintenance of private streets whether or not the private street is within a gated community. There are approximately 34 miles of private streets within the City of Eugene. A relatively small number of these private streets are located within gated communities. Private streets are typically separate tax lots owned jointly by the property owners served by the street. The City does not maintain the street surface, storm drainage system or street trees. The City has accepted jurisdiction of private streets that have been upgraded to City standards with a new 20-year pavement structure and dedication of right of way. This has been accomplished through the Privately Engineered Public Improvement (PEPI) process. This could also be accomplished through a local improvement district initiated by a petition poll of adjacent or benefiting properties. With the adoption of the Land Use Code Update (LUCU), the restrictions and requirements for creating new private streets has increased. Private streets are only allowed where there is not a public need in establishing street connectivity. In addition, private streets must be built to City standards. Page 1 of 1