Hearings Official Decision - Laserfiche WebLink

The applicant proposes to serve Lots 1-12 and 23-28 by extending a public mainline to the south in Capital Drive from an existing manhole (49149); and to provide service to Lots 5-12 and 27- 28 by individual private pressure services located in the private street, Cupola Drive. The applicant proposes to serve Lots 13-17, 20-22 and 29-34 by extending a public mainline to the north in Capital Drive (and a portion of Cupola Drive) from an existing manhole (43706); and to provide service to Lots 13-17 and 29-32 and 34 by individual private pressure services located in Cupola Drive. Public Works referral comments (page 10-11) find these proposals to be are conceptually acceptable, with the exception that standard public utility easements are necessary for the construction of public wastewater mainlines on private property. Accordingly, Public Works rejects the applicant's proposal to construct individual private pressure services within the Capital Drive public right-of-way for service to Lots 18-19; private service lines are not permitted in the public right-of-way. Accordingly, compliance with EC 9.6505(2) requires the following conditions of approval: Prior to final PUD approval, the applicant shall revise Sheet C1 - Wastewater and Water Plan to include 14-foot public utility or public wastewater easements, centered on the public wastewater mainlines, for all wastewater mainlines proposed on private property. In the event that a public mainline is proposed for location within 7 feet from the edge of a public right-of-way, a public utility or wastewater easement shall be dedicated on the adjacent private property at the width necessary to ensure 14 feet of operational and maintenance access to the wastewater mainline (7 feet on each side), when combined with the public right-of-way within that 14 feet. Prior to final PUD approval, the applicant shall revise Sheet C1 - Wastewater and Water Plan to include wastewater services for Lots 18 - 19 that do not include private service lines within the public right-of-way. Private service lines may be relocated on private property, or public gravity service lines may be placed in the right of way. Public Works referral comments (page 11) note that it is in the public's interest to ensure that the City has access to that portion of the public wastewater system located on private property, to prevent or address backups or to conduct other wastewater system inspection, maintenance, and repair needed to prevent damage to the public system and the private properties it serves. Those comments also include an evaluation to establish that there is a constitutionally-required nexus between the requirement to dedicate a 14-foot-wide public utility easement and the public interest at issue. Without a sufficient public utility easement, the City of Eugene could be considered to be trespassing on private property when accessing the public facility for inspection, maintenance, or repair of the public wastewater line. 14 feet is the minimum necessary to allow for public maintenance vehicles to access the entirety of the proposed public wastewater line for inspection and maintenance purposes. This width also allows sufficient width for excavation equipment in the event that the line needs to be replaced altogether. Hearings Official Decision (PDT 17-1) 65