The foregoing proposals are conceptually acceptable, with the exception that standard public <br />utility easements are necessary for the construction of public wastewater mainlines on private <br />property. As such, the following condition is required for the proposed development to satisfy <br />EC 9.6506(2): <br /> <br />Prior to final PUD approval, the applicant shall revise Sheet C1 Wastewater and <br />Water Plan to include 14 foot public utility or public wastewater easements, <br />centered on the public wastewater mainlines, for all wastewater mainlines proposed <br />on private property. In the event that a public mainline is proposed for location <br />within 7 feet from the edge of a public right-of-way, a public utility or wastewater <br />easement shall be dedicated on the adjacent private property at the width necessary <br />to ensure 14 feet of operational and maintenance access to the wastewater <br />mainline (7 feet on each side), when combined with the public right-of-way within <br />that 14 feet. <br /> <br />wastewater system located on private property, to prevent or address backups or to conduct <br />other wastewater system inspection, maintenance, and repair needed to prevent damage to <br />the public system and the private properties it serves. <br /> <br />There is a nexus between the requirement to dedicate a 14 foot wide public utility easement <br />and the public interest at issue. Without a sufficient public utility easement, the City of Eugene <br />could be considered to be trespassing on private property when accessing the public facility for <br />inspection, maintenance, or repair of the public wastewater line. The 14 feet is the minimum <br />necessary to allow for public maintenance vehicles to access the entirety of the proposed public <br />wastewater line for inspection and maintenance purposes. This width also allows sufficient <br />width for excavation equipment in the event that the line needs to be replaced altogether. <br />This is the last opportunity that the City will have to require the dedication of the easement <br />prior to the construction of the utility lines. <br /> <br />ndividual private pressure services within the Capital <br />Drive public right-of-way for service to Lots 18-19 is specifically rejected; private service lines <br />are not permitted in the public right-of-way. To ensure the development proposal meets the <br />requirement of 9.6505(2), the following condition is necessary: <br /> <br />Prior to final PUD approval, the applicant shall revise Sheet C1 Wastewater and <br />Water Plan to include wastewater services for Lots 18 19 that do not include <br />private service lines within the public right-of-way. Private service lines may be <br />relocated on private property, or public gravity service lines may be placed in the <br />right of way. <br /> <br />With these two conditions of approval, and the requirement below to ensure a more detailed <br />review of the public wastewater system improvements as part of the Privately Engineered <br />Public Improvement (PEPI) process, the standards for sewage at EC 9.6505(2) will be met. <br /> <br />Based on these finding and conditions of approval, this standard is met <br /> <br />Capital Hill PUD (PDT 17-1) February 2018 42 <br />Page 42 <br /> <br />