HomeMy WebLinkAboutItem B: Gated Communities - Construction and Maintenance of Private Streets
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Work Session: Gated Communities - Construction and Maintenance of Private Streets
Meeting Date: February 28, 2007 Agenda Item Number: B
Department: Public Works Staff Contact: Kurt Corey
www.eugene-or.gov Contact Telephone Number: 682-5241
ISSUE STATEMENT
This work session item was requested by the council under the title “regulating gated communities.”
While the title “regulating gated communities” could encompass a broad number of topics, including
public safety access and establishment and enforcement of covenants, conditions and restrictions
(CC&Rs), staff believes the interest of the council for this particular work session has to do with the
construction and maintenance of private streets.
BACKGROUND
For many years, residential streets have generally been constructed by private developers in the course
of developing subdivisions. These residential streets fall into two categories: 1) privately engineered
public improvements, which are constructed privately to public standards and subsequently accepted by
the City as public streets that are owned and maintained by the public; and 2) private streets, which are
constructed privately and remain in private ownership. Private streets have been the choice of
developers who wish to avoid the upfront cost of curb and gutter, sidewalks, and other amenities that
typically comprise a full public improvement standard. Additionally, pavements for private streets have
historically been constructed to a lesser standard based upon the developer’s assessment of the type and
volume of traffic expected to use the street.
More recently, the City of Eugene Land Use Code Update (LUCU) has stipulated the restrictions and
requirements for creating new private streets. In particular, private streets are now allowed only where
there is not a demonstrated public need to establish street connectivity. In addition, pavements
constructed for private street improvements must now be built to City standards. Private streets are
typically designated with a blue street sign; they may or may not be in a “gated” community. There are
presently about 34 miles of private streets within the city of Eugene.
Maintenance responsibilities for private streets are commonly spelled out in the CC&Rs for particular
developments. These restrictions govern the use of real estate, are usually enforced by a homeowners'
association, and are passed along to the new owners as property changes hands. For example, CC&Rs
may tell you how big your house can be, how you must landscape your yard or whether you can have
pets. The homeowners’ association decides the timing and extent of maintenance of its private
improvements. If property is subject to CC&Rs, buyers must be notified before the sale takes place. In
Oregon, the CC&Rs are typically attached to the subdivision plat and are also disclosed to the buyer as
part of the deed conveyance.
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If a private street or other private infrastructure fails and/or is not properly maintained, an individual
property owner’s recourse is generally limited to a claim against the homeowners’ association. In some
previous instances, the City has assumed ownership and jurisdiction of streets originally created as
private improvements. For this to occur there must be a conveyance of right-of-way and the streets must
first be upgraded to a 20-year City standard. Alternatively, the owners of benefiting properties could
petition for the creation of a Local Improvement District to accommodate the associated costs.
RELATED CITY POLICIES
Because by definition private streets are not a municipal service, there appear to be no relevant City
policies pertaining to the maintenance of private streets.
COUNCIL OPTIONS
No options are offered, as this is an informational item only.
CITY MANAGER’S RECOMMENDATION
The City Manager does not recommend further study of this issue unless a municipal policy nexus is
identified by the council.
SUGGESTED MOTION
No motions are offered, as this is a work session.
ATTACHMENTS
A. Related council assignment response dated January 27, 2007
FOR MORE INFORMATION
Staff Contact: Kurt Corey
Telephone: 682-5241
Staff E-Mail: kurt.a.corey@ci.eugene.or.us
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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.
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