Chapter 19.85
UTILITIES
Sections:
19.85.010 Utility improvements.
19.85.030 Guarantees to construct required improvements.
19.85.040 Modification of required improvements.
19.85.050 Sewage disposal improvements.
19.85.060 Water systems in other urbanizing areas.
19.85.010 Utility improvements.
A. All utilities shall be placed underground to the lot line of each lot during the construction of any new street or road that:
1. Will be maintained by the County;
2. Has the potential to be maintained by the County; or
3. Is maintained by abutting owners through a recorded agreement required as a part of an approved land division.
B. The developer shall make necessary arrangements with the utility companies or other persons or corporations affected for the installation of underground lines and facilities, including but not limited to communication, street lighting, and cable television, to place them underground. [2005 RLDC § 85.010.]
19.85.020 Utility easements.
Easements for public utilities shall be provided, as necessary, for the installation of utilities, and for the future installation of utilities when the subject property or adjoining property has the potential for further development. [2005 RLDC § 85.020.]
19.85.030 Guarantees to construct required improvements.
A. Applicants for land divisions shall sign a written waiver of their right to remonstrate or otherwise legally oppose the installation of public facilities, including but not limited to streets, storm drainage systems, sanitary sewer systems, and water supply systems, where such facilities are or may be proposed to serve the applicant’s property as part of any local improvement (assessment) district, developer installed improvement project or a local government improvement project of any type;
B. This section shall not, however, prohibit the applicant, developer, or owner from expressing his or her personal views regarding the installation of a public facility. [2005 RLDC § 85.030.]
19.85.040 Modification of required improvements.
A. The Review Body has the authority to modify the improvements required by JCC 19.85.010 and 19.85.020. This authority may only be used in those cases where:
1. The full requirement would cause an undue or unnecessary hardship based on unforeseen circumstances that would require extraordinary construction methods or materials; and
2. The authorization will be consistent with the purposes of this chapter as set forth in JCC 19.85.010 and 19.85.020.
B. The Review Body shall consider the modification after proper notice and shall consider any information necessary to demonstrate that the modification is in compliance with the criteria in the decision.
C. The decision of the Review Body may be appealed as part of the original application under the procedures set out in Chapter 19.33 JCC. [2005 RLDC § 85.040.]
19.85.050 Sewage disposal improvements.
Sewage disposal improvements for each lot or parcel shall be in compliance with the requirements of the County Environmental Health Department, the Department of Environmental Quality, and sanitary sewer district (if the proposed development is within the district boundaries or is proposed or conditioned for annexation of a district), and any other applicable laws. [2005 RLDC § 85.050.]
19.85.060 Water systems in other urbanizing areas.
A. Except for the Grants Pass Urban Growth Area, all subdivisions, partitions, replats, and planned unit developments located within urbanizing areas which are served by public sewers shall be provided with a public water system to the lot line of each lot within the subdivision or partition.
B. The system shall be designed for meeting domestic needs and may be required to be designed for meeting firefighting capacity.
C. The system shall be installed prior to approval of the final plat or the developer shall complete a performance agreement as provided in Chapter 19.14 JCC. The agreement may include agreements to annex; incorporation of a water district, private water cooperative, or development of a service utility; and the posting of a bond or contributions of funds in sufficient amount to mitigate the burden created by the land division on public water supplies.
D. Pipe sizes and design standards for any system shall be specified by a city, special district, or cooperative that will eventually serve the proposed subdivision, partition, replat, or planned unit development:
1. In any area where a future public water supply source has not been identified, design standards shall be specified by the Public Works Department in consultation with the authority which will eventually serve the proposed subdivision, partition, replat, or planned unit development;
2. Design approval shall take into account provision for extension beyond the subdivision, partition, replat, or planned unit development, to adequately grid the appropriate water system plan. [2005 RLDC § 85.060.]
19.85.070 Irrigation.
A. If lands to be subdivided, partitioned, replatted, or turned into a planned unit development include rights for irrigation, provision shall be made for the continuation of those rights by indication of an easement to allow the delivery of irrigation water and maintenance of irrigation facilities to each lot or parcel in the land division in which the historic application of water has been made.
B. Where rural land divisions affect facilities of the Grants Pass irrigation district, the owners of the division shall be responsible for maintaining continuity of the district’s system:
1. The owner of the division shall either buy out of the district or provide each lot within the subdivision, partition, replat, or planned unit development, with irrigation water, all in accordance with district requirements;
2. In addition, the owner or developer shall buy out of the district any publicly dedicated or deeded right-of-way. [2005 RLDC § 85.070.]