The purpose of this division is to establish standards for the design and development of property in order to protect the public health, safety, and welfare. [2005 RLDC § 80.010.]

A. All land divisions approved pursuant to the requirements of Division V shall conform to, and be in harmony with, the County’s comprehensive plan (text and maps) as it applies to the area affected by the land division. Specifically, approval shall require the dedication of all additional rights-of-way or other development called for by this title or any adopted road or facility plan applicable to the area covered by the land division.

B. The requirements and standards set forth in this division are the minimum which a subdivision, partition, replat, property line adjustment, or planned unit development must conform to before approval by the Review Body, except as otherwise provided in this title.

C. The term “land division” shall apply to all subdivisions, partitions, replats, property line adjustments, or planned unit developments.

D. The standards in this division shall apply to any relevant land use application and procedure. [2005 RLDC § 80.020.]

Improvements required by this division shall conform to the requirements of this title, the County’s roadway and traffic management plan, standards and specifications design and construction of County roads, AASHTO standards, and any technical manuals used by the Public Works Department in road development and plan review. These manuals, as revised, are incorporated into this title by reference. The following procedures shall be used:

A. Construction work shall not be commenced until all required plans, profiles, and specifications have been reviewed and approved by the Public Works Director and the appropriate state agency. All plans, profiles, and specifications shall be submitted prior to final development approval;

B. Construction work shall not be commenced until the Public Works Director has been notified; and

C. Required improvements shall be constructed in accordance with specifications as set forth by the Public Works Director and inspected for conformance. The County may require changes in typical sections and details if unusual conditions arising during construction warrant such change. Any similar changes initiated by the developer must be reviewed with, and approved by, the Public Works Director. [2005 RLDC § 80.030.]

When a parcel proposed for division lies partly within and partly outside an urban growth boundary, only that portion of the parcel which lies outside of the Grants Pass Urban Growth Boundary shall be subject to the applicable rural area standards. [2005 RLDC § 80.040.]

The purpose of these standards is to ensure safe ingress and egress to and from properties; to minimize street congestion and traffic hazards; to protect the future operation of transportation facilities; to provide safe and convenient access to businesses, public services, and places of public assembly; and to make vehicular circulation more compatible with surrounding land uses. [Ord. 2108-003 § 1; 2005 RLDC § 81.010.]

A. Every lot or parcel created by a new land division shall abut a maintained County road or street for at least 25 feet, shall abut a state highway where the Oregon Department of Transportation has issued an access permit to each lot or parcel, or be served by a private road easement with a recorded maintenance agreement. Lots or parcels that do not abut such a road, highway, or private road easement may be approved by the Review Body when the following conditions exist:

1. When a parcel of land is an isolated ownership, where not more than two lots can be developed from the original parcel or from adjoining lands, and where access is by easement which has been created prior to June 29, 1973, the existence of an easement to the property line shall be deemed to continue to the proposed parcel;

2. When a parcel of land receives access by a public usage road declared by a court of competent jurisdiction or by a nonmaintained County road, and where the Review Body finds that acceptance of such road for partitioning purposes is in the public interest, any partitioning using those roads shall be conditioned upon the dedication of additional right-of-way and improvement as required by the Review Body.

B. No partitioning or subdivision of land shall be authorized using any special purpose roads, including ways of necessity, special access roads under the permit control of the Secretaries of Agriculture or the Interior, timber access roads, or other roads in which the rights of the public for access may be restricted. [Ord. 2108-003 § 1; amended by Planning Director, 10-28-16; 2005 RLDC § 81.020.]

The location, width, and grade of streets shall be considered in relation to existing and planned streets, to topographical conditions, to public safety, and to the proposed use of the land to be served by the street. Private road easements shall be designed and maintained to ensure proper access of emergency vehicles. [Ord. 2108-003 § 1; 2005 RLDC § 81.030.]

The creation of a street within a subdivision, partition, replat, or planned unit development subdivision shall be in full compliance with the platting requirements contained in this title and applicable state regulations. No person shall create a street or road for the purpose of subdividing, partitioning, replatting, or creating a planned unit development, on an area or tract of land without County approval. [2005 RLDC § 81.040.]

A. The provision of right-of-way for creation of streets outside of a subdivision, partition, replat, or planned unit development subdivision where streets are not shown on an adopted transportation plan shall be in conformance with the County road standards, except the Review Body may approve the creation of a street by deed without full compliance with platting regulations provided any of the following conditions exist:

1. The establishment of the street is initiated by the Board of County Commissioners and is declared essential for the general traffic circulation;

2. The street is to provide access to parcels that were created prior to the enactment of this title;

3. The street is necessary to provide access intervening between a proposed subdivision, partition, replat, or planned unit development subdivision and a public road;

4. The street may be established as a condition of site plan review to facilitate the safe ingress and egress of a particular use.

B. In all cases, the creation of a street shall be consistent with the elements of the comprehensive plan; shall not disrupt the stability of the land use pattern in the area; and will promote and conserve the public health, safety, and welfare. The Review Body may deny the request or refer the request for the creation of a street to a public hearing where, in the opinion of the Review Body, the request would be in conflict with the provisions in subsection (A) of this section. [2005 RLDC § 81.050.]

A. In those cases where approval of a street is to be without full compliance with the regulations applicable to subdivisions, partitions, replats, property line adjustments, or planned unit development subdivision, a copy of the proposed deed shall be submitted to the Review Body.

B. The deed and any information which may be submitted shall be reviewed by the Review Body and the County Engineer, and, if not in conflict with the design standards of this title, may be approved with any conditions necessary to comply with these standards.

C. Requirements for the creation of a street by deed must include engineering data, plan and profile, and the construction of the street to the appropriate standards. [2005 RLDC § 81.060.]

Easements for public facilities, public or private utilities, slopes, drainage, etc., shall be dedicated wherever necessary. The Review Body may require the developer to acquire and dedicate easements on adjoining property when necessary to protect the public health, safety, and general welfare. Private road easements shall be described by deed and shall not serve more than four lots. [Ord. 2108-003 § 1; 2005 RLDC § 81.070.]

A. Applicants for a subdivision, partition, replat, property line adjustment, planned unit development subdivision or site plan review shall provide for the continuation of the principal streets existing in adjoining subdivisions or for their proper projection when the adjoining property is not subdivided. The streets shall be a width not less than the minimum requirements for streets set out in JCC 19.81.130(A) and 19.81.200(F).

B. Where, in the opinion of the Review Body, topographic conditions make the continuation or conformity impractical with the existing, principal streets, an exception may be made.

C. Where an adopted neighborhood, area, or rural community plan is in place, the subdivision partition, replat, property line adjustment, or planned unit development subdivision shall conform to the adopted plan.

D. Where the plat submitted covers only a part of the developer’s tract, a drawing of the prospective future street system on the part submitted shall be considered in light of its conformity to the street system of the entire tract.

E. Loop road systems are to be provided where possible in order to provide more than one route for traffic in the case of an emergency. Cul-de-sac roads are to be kept as short as practical to facilitate better emergency access. [2005 RLDC § 81.080.]

A. Where necessary to give access to or permit a satisfactory future subdivision, partition, replat, or planned unit development, on adjoining land, the Review Body may require that streets be extended to the boundary of the subdivision or partition and the resulting dead-end streets may be approved without a turnaround.

B. Street plugs may be required to preserve the objectives of street extensions, the control of which shall rest with the Director of Public Works pursuant to order of the Josephine County Commissioners according to the Director of Public Works’ sole discretion. [2022-001 § 1; 2005 RLDC § 81.090.]

A. While generally not acceptable, half streets may be approved where they can be shown to be essential to the reasonable development of the subdivision, partition, replat, or planned unit development subdivision. The use of half streets must be in conformity with any other requirements of this title and, when possible, shall require the dedication for construction of the other half, at the time any adjoining property is subdivided, partitioned, replatted or a planned unit development subdivision is created.

B. Whenever an existing half street is adjacent to land to be subdivided, the remaining half of the street shall be dedicated and constructed within the subdivision, partition, replat, or planned unit development subdivision. Street plugs may be required to ensure the objectives of obtaining full-width streets. [2005 RLDC § 81.100.]

As far as practical, streets shall be in alignment with existing streets by continuing the centerlines. Staggered street alignment resulting in “T” intersections shall, wherever practical, leave a minimum distance of 260 feet between the centerlines of streets having approximately the same direction. [2005 RLDC § 81.110.]

A. At a minimum, applicants for subdivisions, partitions, replats, property line adjustments, planned unit development subdivision and site plan review shall provide streets, of the appropriate standards, connecting directly to an existing publicly maintained street.

B. Where the right-of-way of an existing street, which directly abuts any land division, does not meet the appropriate rural standard, the applicant shall dedicate the right-of-way required to meet the standard unless exempted by another section of this title.

C. At County discretion, street improvements shall be constructed to an equivalent dollar amount of the half-width rural standard. Design standards for rural roads shall be in conformance with this title, the County’s roadway and traffic management plan, the standards and specifications for design and construction of County roads, AASHTO standards, and any technical manuals used by the Public Works Department in road development and as provided in JCC 19.81.130(A). [2005 RLDC § 81.120.]

A. Road Design and Construction Standards. Road design and construction standards shall be established and maintained under the authority of the Director of Public Works pursuant to order of the Josephine County Board of Commissioners. A separate publication of current road design and construction standards can be obtained from the Josephine County Public Works Department or the Planning Office. Users should exercise appropriate caution in using these standards outside of formal application review.

B. Road Construction Improvements. Road construction improvements shall be made by the developer prior to submission of the final plat or by an agreement to improve roadways which shall be executed as provided in Chapter 19.14 JCC. Roads proposed for construction will be categorized by location. [2005 RLDC § 81.130.]

The length, width, and shape of blocks shall be designed to provide adequate building sites suitable for the proposed uses, to satisfy any need for convenient access, circulation, control, and safety of street traffic, and the limitations and opportunities of the topography of the site. [2005 RLDC § 81.140.]

The Review Body may require the installation of separate bicycle lanes within arterial and collector streets and/or separate bicycle paths, if necessary to extend an existing or planned system of bicycle routes, shown on the adopted bicycle route plan, or if a need is otherwise indicated. Such paths shall meet the standards of the state of Oregon. [2005 RLDC § 81.150.]

The minimum width of alleys, when provided in residential blocks, shall be 20 feet. Alleys shall be provided in commercial and industrial zones and shall not be less than 20 feet in width. [2005 RLDC § 81.160.]

Dead-end streets shall terminate in a cul-de-sac turnaround with a minimum radius as listed in the road standards adopted by the Board of County Commissioners or standards adopted by AASHTO. [2005 RLDC § 81.170.]

A. All streets shall intersect at right angles (90 degrees); where an intersection of 90 degrees cannot be secured because of physical constraints of the site, an angular intersection of not less than 60 degrees may be permitted.

B. Right-of-way lines at street intersections shall be rounded with an arc parallel to the curb or shoulder arc.

C. Collector and arterial intersections shall have roadway curb or road shoulder radii of not less than 25 feet; all other street intersections shall have roadway curb radii of not less than 20 feet. [2005 RLDC § 81.180.]

Standard drive approaches shall be installed pursuant to design standards administered by the Director of Public Works. [2005 RLDC § 81.190.]

A. Design and construction standards for restricted residential roads shall be established and maintained under the authority of the Director of Public Works pursuant to order of the Josephine County Board of Commissioners. A separate publication of current restricted residential road design and construction standards can be obtained from the Josephine County Public Works Department or the Planning Office. Users should exercise appropriate caution in using these standards outside of formal application review.

B. When five or fewer lots or parcels are to be served by a public road, the developer may construct a restricted residential road. Restricted residential roads will be developed to design and construction standards as established and maintained under the authority of the Director of Public Works. Restricted residential roads will not be accepted for maintenance by the Board of County Commissioners unless improved to the specific maintenance standards and specifications for the appropriate County maintained rural roads.

C. If the restricted residential road cannot ultimately be extended to serve more than five lots or parcels based on existing zoning, the subgrade may be constructed to a single-lane width.

D. If the restricted residential road has the potential to serve more than five lots or parcels based on existing zoning, the subgrade shall be constructed to a double lane width to allow future improvements to the appropriate County maintained road standards.

E. Surfacing for restricted residential roads that may ultimately serve more than five lots or parcels may be limited to one lane with turnouts intervisible or 800 feet maximum, 50 feet in length plus 25-foot tapers until the road serves more than five lots or parcels, at which time the road shall be improved to the appropriate County maintained standard.

F. If a road is developed to restricted residential road design and construction standards, the final plat shall contain covenants for a road maintenance agreement that binds the property owners for the lots or parcels that receive access from the road (and their successors and assignees) to maintain the road to restricted residential road standards, subject to all of the following specific requirements:

1. The agreement shall provide for monetary contributions toward maintenance expenses that are equally divided, or proportionally divided based upon road frontage or acreage. The road maintenance agreement shall be enforceable by any property owner obligated under the agreement and by Josephine County. The agreement shall provide for the recovery of attorney’s fees and court expenses by prevailing party or parties to any civil action to enforce maintenance responsibilities.

2. Road maintenance shall be performed whenever deterioration results in exposure of the subgrade, failure of the foundation, erosion of ditches or road shoulders, or blockage of culverts.

3. If the road includes a structure (such as a culvert or bridge), the agreement shall require that the structure(s) shall be continually maintained at the specified loading standard, and the structure shall be inspected at a minimum of every 10 years by a registered professional engineer, who shall certify the structure loading standard continues to be met. A copy of the certificate shall be furnished to all parties to the agreement and to the Director of Public Works.

4. The road maintenance agreement shall not be required, but may be obtained, in the following situations:

a. Access is provided by a nonmaintained County road that was established prior to the implementation of land division requirements, and no further land division is being proposed pursuant to this title;

b. Access is provided by a restricted residential road that was previously developed pursuant to an approved land division that did not require a road maintenance agreement, and no further land division is being proposed pursuant to this title; and

c. Access is provided by a new restricted residential road developed over a preexisting private access, and the preexisting access serves other lots or parcels that are not a part of the land division that creates the new road. In this case, a road maintenance agreement shall be required only for lots or parcels being created by the new land division, but owners of the other lots or parcels that use the road may also join the agreement.

5. In any case, future land divisions utilizing existing nonmaintained County roads or restricted residential roads may be required to improve these roads or obtain road maintenance agreements as a condition for land division approval.

G. The owner or developer may request that a gravel surface be constructed in lieu of the required oil mat surface. The Review Body may approve a request if all the following conditions exist:

1. The road cannot be extended to serve more than five lots, counting lots in and out of the proposed land division;

2. The road will be constructed over soils that are capable of supporting a gravel surface that will not deteriorate under normal weather and traffic conditions;

3. The parcels to be served are relatively isolated from a maintained County road;

4. The construction of an oil mat surface is not practical because terrain conditions at the site result in extraordinary construction costs or complications;

5. The gravel road will support orderly and efficient development of the subject property and surrounding properties. [2005 RLDC § 81.200.]

A. Streets shown on the adopted master transportation plans are created at the time of adoption of the plans.

B. Improvements and engineering data necessary for the completion of roads shall be submitted as reasonably requested by the County Engineer.

C. The review and approval of documents shall be performed by the Review Body and County Engineer to assure compliance with street improvements standards. Decisions made by the Review Body and County Engineer may be appealed as part of the original application under the provisions of Chapter 19.33 JCC. [2005 RLDC § 81.210.]

The name of any subdivision or planned unit development shall not be the same as, similar to, or pronounced the same as the name of any other subdivision or planned unit development within the County, unless the development is contiguous to and an extension of another land division which was platted by the same developer; or the developer files and records the consent of the original developer that platted the contiguous subdivision or planned unit development bearing that name. Adjacent plats shall continue the lot numbers and, if used, the block numbers of the subdivision or planned unit development plat of the same name last filed. [2005 RLDC § 82.010.]

The name of any proposed road shall not duplicate or be so similar as to be confused with the name of any existing road within the County. [2005 RLDC § 82.020.]

Arrangements shall be made by the developer for the Public Works Department to furnish and install all required signs and traffic control devices. All costs of materials, labor, and equipment shall be paid by the developer. [2005 RLDC § 82.030.]

The standards and criteria for erosion and sediment control provide for the design of projects so as to minimize the harmful effects of stormwater runoff and the resultant inundation and erosion from projects, and to protect neighboring downstream and downslope properties from erosion and sediment impacts. [Ord. 2018-003 § 1; 2005 RLDC § 83.010.]

A. These standards shall apply to any land division or land use application, including development and construction which would require any grading or filling on slopes that are 15 percent or greater or soils that are granitic in composition as mapped by the Natural Resources Conservation Service except when authorized or regulated by the Oregon Forest Practices Act.

B. An erosion and sediment control plan to prevent or mitigate possible hazards to life, property, or the natural environment shall be required.

C. Regardless of slope, for all land uses in the unincorporated areas of Josephine County:

1. Instances where fill is brought on site, or stockpiled, and said fill is in excess of 10 cubic yards, provisions shall be made to make sure runoff from that fill is maintained at the site. Best management practices to help control runoff shall be implemented, such as, but not limited to, straw bales or erosion control fabric.

2. There shall be no filling or grading on slopes in excess of 15 percent without a stormwater management plan signed by a registered, professional engineer, to prevent or mitigate runoff onto adjacent properties or waters of the state.

3. Berms, unless specified otherwise by code or condition, shall be set back from the property line, as measured from the base of the berm, a minimum distance equal to or greater than the required setback for a structure. Earthen berms shall be stabilized with ground cover. [Ord. 2018-003 § 1; Ord. 2017-001 § 1(7); 2005 RLDC § 83.020.]

A. Except as identified in subsections (C) and (D) of this section, an operation plan shall be submitted prior to any grading or filling on slopes 15 percent or greater, or on granitic soils in which the area disturbed exceeds 900 square feet, or on non-granitic soils when fill is brought on site or relocated on site in excess of 5,000 cubic yards.

B. The plan shall be prepared by a registered civil engineer, and shall provide the following information:

1. A statement of the land capabilities of the property on which the grading, filling, or clearing is to be performed, including soil series name, slope, gradients, runoff potential, soil depth, erosion potential, and natural drainage;

2. An accurate plot plan showing the exterior boundaries of the property on which the modification is to be performed, including the following:

a. Flow lines of surface waters onto and off of the site;

b. Existing and proposed contours at two-foot intervals;

c. Location, amount, and extent of cuts, fills, or contouring;

d. Existing and proposed drainage ways;

e. Building corner and street elevations for existing and proposed improvements;

f. Existing and proposed retaining walls;

g. The location and design of facilities for storage or conveyance of surface water runoff;

h. Estimates of existing and proposed runoff on the site;

3. The plan shall include an evaluation of the effects of projected runoff on adjacent properties and existing drainageways;

4. A list of equipment and methods to be employed in processing and disposing of soil and other material that is removed from the site, including the location of disposal sites;

5. The plan shall include information detailing the final ground cover, landscaping, erosion and drainage controls, and requirements for stable cut and fill slopes which will be based on detailed stability analysis. For the purposes of determining appropriate soil losses, the Natural Resources Conservation Service’s publication, Soil Interpretations for Oregon, shall be used.

C. On granitic soils with less than a three percent grade, a signed waiver from a registered engineer or licensed surveyor shall be allowed in lieu of the above required plan, provided said waiver documents no water or sediment will leave the property or enter a waterway.

D. In all cases where an operation plan is not required, the landowner shall ensure that Oregon Department of Environmental Quality construction best management practices are in place to minimize runoff onto adjacent properties and waterways. [Ord. 2018-003 § 1; 2005 RLDC § 83.030.]

The erosion and sediment control plan shall be submitted as part of the land division or land use application and shall be reviewed as part of the application. The Review Body, or the County Engineer where roads may be affected, shall review the plan and may recommend the installation or construction of improvements necessary to mitigate the impacts of the potential erosion and runoff. Be advised, the Oregon Department of Environmental Quality requires a permit for construction activities with one acre or more of disturbed soil or that are part of a larger common plan of development or sale and discharge to surface waters. [Ord. 2018-003 § 1; 2005 RLDC § 83.040.]

Drainage facilities shall be provided for subdivisions, partitions, replats, or planned unit developments, and shall be connected directly to existing drainageways or storm sewers outside of the proposed land division that have an adequate capacity to accept drainage water from the subdivision, partition, replat, or planned unit development as provided below:

A. Design of drainage within the subdivision, partition, replat, or planned unit development shall be approved by the County Engineer, consistent with the County’s master storm drainage plan, and shall take into account the capacity and grade necessary to maintain unrestricted flow from areas draining through the subdivision, partition, replat, or planned unit development, and to allow extension of the system outside the subdivision, partition, replat, or planned unit development;

B. Drainage for the individual lots of the proposed subdivision, partition, replat, or planned unit development, and the proposed subdivision, partition, replat or planned unit development as a whole, shall be accomplished in such a manner so as to prevent the excessive flow of water across property lines, sidewalks, and other public rights-of-way;

C. When in the opinion of the County Engineer, land in a subdivision, partition, replat, or planned unit development which is or will be periodically subject to accumulations of surface water or is traversed by any watercourse, channel, stream, or creek, shall be required as a condition of approval to provide for adequate unrestricted drainage by the developer;

D. Provision for drainage shall be shown on a drainage plan both within and adjacent to the subdivision, partition, replat, or planned unit development. The plan shall show all easements and any improvements to be constructed;

E. Public improvements shall be approved by the Review Body as adequate for the drainage needs of the area. Where necessary, for protection of any needs, the Review Body may condition the tentative plan approval on the conveying of ownership of a drainage easement for drainage purposes to the County. [2005 RLDC § 83.050.]

The purpose of this chapter is to require prior testing and approval of development in order to reasonably assure an adequate and safe water supply for all citizens of Josephine County. A related purpose is to determine the availability, impact, and water quality for the users of groundwater in Josephine County. [2005 RLDC § 84.010.]

This chapter shall apply to the following land divisions and uses when the owner/developer intends to use a groundwater source as a water supply. In addition, this section shall apply to newly constructed and existing wells as outlined in JCC 19.84.070 and 19.84.080. To implement this chapter, the following shall apply:

A. All subdivisions proposing one or more lots less than one acre in size shall successfully complete an aquifer test or a major pump test, as determined by the Water Resources Director, as a condition of final platting;

B. All land partitions creating one or more lots less than one acre in size shall successfully complete a major pump test or a minor pump test as determined by the Water Resources Director, as a condition of final platting;

C. New construction of planned unit developments shall successfully complete a major pump test or a minor pump test (for three units) as a condition of final platting;

D. New construction of RV parks shall successfully complete a major pump test or a minor pump test (for three units) as a condition of site plan review and prior to the issuance of a development permit;

E. Any change in the use of commercial or industrial zoned property, or a change in the use of any property to a commercial or industrial use, after the effective date of this title requiring more than 1,600 gallons per day total shall successfully complete a major or minor pump test, as determined by the Water Resources Director as a condition of site plan review and prior to the issuance of a development permit;

F. Any new well for institutional use, other than a replacement well, or a change in use of the property to an institutional use, requiring more than 1,600 gallons per day, shall successfully complete a major or minor pump test as determined by the Water Resources Director as a condition of site plan review and prior to the issuance of a development permit;

G. Any proposed land divisions in which a new well may threaten existing, properly constructed wells in documented water quantity problem areas, as shown on the official groundwater problem area map, shall successfully complete a major or minor pump test and submit the results to the Review or Hearing Body prior to the dates set out in JCC 19.30.020(A) and (B);

H. An application for a land use or a land division shall include a statement of intended water use signed by the applicant, and reviewed and signed by the Water Resources Department;

I. A land use or land division application which will require a state water use permit under ORS 537.545 may be required to conduct an aquifer test instead of a major or minor pump test. The following uses are exempt from this requirement:

1. Watering of livestock;

2. Watering any lawn or noncommercial garden not exceeding one-half acre in size;

3. Any single or group domestic purposes whose use will not exceed 15,000 gallons of water per day;

4. Downhole heat exchange;

5. Any single industrial or commercial purpose whose use will not exceed 5,000 gallons of water per day;

J. A water well permit shall be obtained prior to the commencement of any work for each of the following:

1. Construction of any well;

2. Alteration of any well;

3. Abandonment of any well. [RLDC § 84.020.]

A. The standards in this chapter shall be administered as a part of a land use or land division application.

B. If the Water Resources Department has determined that a pump test has failed, and subsequent appeal to the Hearings Officer confirms failure, the land developer may appeal as follows:

1. The developer may hire a qualified geologist to consult with the County’s geologist to work toward an acceptable solution;

2. If the County’s geologist and developer’s geologist cannot arrive at a solution acceptable to the developer, they may hire another consulting geologist acceptable to both parties to consult with on this matter. A majority decision by these three experts will become a final recommendation to the Water Resources Department;

3. The land developer is responsible for all costs other than the cost of the County’s geologist. [2005 RLDC § 84.030.]

A. No person shall use groundwater or install a new water system utilizing a groundwater source for any land use or division specified in JCC 19.84.020 without successfully completing a major pump test, a minor pump test, or an aquifer test.

B. Any subsequent uses, not specified on the application for a land use or land division, may not be covered by the test results or recommendations from the major pump test, the minor pump test or the aquifer test. [2005 RLDC § 84.040.]

The following objectives, standards, methods and procedures shall be utilized in conducting any testing required by this chapter:

A. Test Objectives. A major and minor pump test shall accomplish two or more of the following objectives:

1. Obtain sufficient data for the calculations of aquifer performance, including the coefficients of transmissivity and storage, specific yield, and hydraulic conductivity;

2. Determine the location and character of geologic boundaries;

3. Develop data concerning the effects of well interference;

4. Produce information that will ensure that sufficient groundwater of acceptable quality is available to serve the intended use.

B. Test Standard. The tests shall meet the following standards:

1. Aquifer Test. The test shall be designed and supervised by a qualified professional geologist who has first-hand knowledge of standard testing procedures. The test design must be approved by the Director of the Water Resources Department prior to beginning the test. When the test has concluded, a report shall be submitted to the Water Resources Department which details the conclusions and recommendations reached as a result of the test including whether there is adequate water and the potential for interference with other wells in the area;

2. Major Pump Test. The requirements specified in subsection (B)(3) of this section shall apply to the first three proposed dwelling units (five gpm/dwelling unit):

a. For any additional dwelling units proposed, the well(s) shall be capable of supplying 400 gallons per day per dwelling unit, in addition to existing uses, over a period of 12 hours;

b. If the well(s) for a development will not supply water at the quantity specified in subsection (B)(2)(a) of this section, the developer may test at a lesser amount provided the water systems are engineered and approved by the Oregon Health Division;

c. Well(s) proposed to supply water for industrial or commercial developments shall meet, or exceed, the estimated needs of the development;

3. Minor Pump Test. The test shall establish the proposed well(s) is (are) capable of supplying water at a minimum rate of five gallons per minute per proposed dwelling unit in addition to existing uses, even though during testing a greater amount may be observed:

a. If the proposed well(s) is (are) not capable of producing the minimum amount of water specified in subsection (B)(3) of this section, the developer has the option to drill a well on each lot to be created;

b. The wells drilled on each lot shall be capable of producing water at a minimum rate of three gallons per minute per proposed dwelling unit for four hours;

c. The method of testing must be approved by the Water Resources Department;

d. In addition, any well(s) being used for a commercial or industrial development shall be capable of supplying water to meet or exceed the estimated needs of the development;

4. For major and minor pump tests, the production well drawdown shall be as great as possible.

a. The pumping rate shall be approved by the Water Resources Department prior to the beginning of the test so that, where possible, a drawdown goal of at least 20 percent of the initial standing column of water is achieved;

b. In the case of unusually high capacity wells, the Water Resources Director may approve a lesser drawdown standard;

5. Any observation well shall not have the water level reduced to less than 25 percent of the initial standing water column;

6. All wells involved in a major or minor pump test shall be static with regard to water level at time of test start-up and, with the exception of the production well, shall be disconnected from the power source for the duration of the test;

7. Any observation well in which drawdown does not exceed 75 percent of the initial column of water shall have a recovery of, at least, 80 percent of the drawdown within 12 hours.

C. Procedures Prior to the Test.

1. The certified pump tester shall submit a preliminary report outlining the proposed test, including a map showing locations of all wells involved in the test, on a form supplied by the Water Resources Department, no later than 10 working days prior to the pump test;

2. At least 24 hours prior to the pump test, a pretest no less than one hour in length shall be conducted to determine well capacity and an adequate rate of flow for the test. At least three water level measurements shall be taken and recorded during the pretest. The first measurement shall be taken prior to pump start-up (well must be static); second during pumping; and third, just prior to pump shutdown;

3. For a major or minor pump test all wells shall be shut off no less than one hour prior to the test. At least three water level measurements, no less than 20 minutes apart, shall be taken on all wells prior to test start-up. All wells must be static before beginning the pump test;

4. A pretest information form, documenting pretest results, shall be submitted to the test supervisor, prior to the beginning of a major or minor pump test;

5. Prior to the test, the certified pump tester shall attempt to notify all property owners and occupants within a 500-foot radius of the proposed production well of the upcoming test, and that the property owner will have the opportunity to participate by volunteering their well as an observation well. The notice shall also include a request to curtail or restrict water use during the pump test. Notification shall be in writing, mailed or hand delivered. Initial contact may be by phone providing a follow up letter is delivered.

D. Test Standards and Procedure.

1. Major Pump Test. A major pump test shall be conducted using the well and pump, or a comparable pump, intended to accommodate whatever land uses are proposed:

a. A major pump test will be conducted, in the same manner as the minor pump test, except the test duration will be 12 hours minimum of pumping discharge;

b. The minimum acceptable amount to be pumped shall be determined as outlined in subsection (B)(2)(b) of this section;

c. The withdrawal of water during the test must be as great as possible in order to develop a cone of depression;

d. The drawdown readings, after 240 minutes, will be read every 60 minutes;

e. The recovery readings will follow the minor pump test criteria for the first 240 minutes; thereafter, readings will be taken every 60 minutes, until 80 percent recovery or until 720 minutes has been reached;

2. Minor Pump Test.

a. Discharge shall be solely from the well and is to be measured in gallons per minute (gpm), by an approved method, and recorded on a standard form approved by the Water Resources Department;

b. The pumping rate must be controlled with an adjustable valve. The size of the discharge pipe and valve shall be such that the valve will be from one-half to three-fourths open when pumping at the desired rate. Changing pump speed shall not be used as a method of controlling the discharge rate;

c. At least two of the following methods shall be used to measure the discharge flow rate:

[1] Observing time required to fill a container of known volume;

[2] Commercial type water meter to measure amount pumped in a given time (i.e., gallons in a minute);

[3] Noninvasive type flow meters (i.e., ultrasonic);

[4] Circular orifice weir;

[5] Orifice bucket;

[6] Open pipe flow;

[A] Horizontal pipe method (trajectory);

[B] Vertical pipe method;

[7] Several methods should be used to ensure accuracy (i.e., subsections (D)(2)(c)[1] and [6], [1] and [4], [3] and [1], [2] and [1] of this section, etc.). Methods must be approved by the Water Resources Department prior to the test;

d. Using the pump or a comparable pump, intended to accommodate whatever land uses are proposed, measure static water level, and start pump at maximum flow which can be sustained by the pump and supported by the well constantly throughout the test.

[1] The first well water measurement shall be taken one minute after pump is started with measurements taken every one minute for the next 10 minutes and every two minutes for the following 10 minutes until 20 minutes have elapsed;

[2] The next measurement is taken at 30 minutes and measurements are taken every 15 minutes from 30 minutes to 240 minutes;

[3] Shut down pump and start recovery, recording in the same manner as pump drawdown;

[4] Continue for four hours or until there is an 80 percent recovery on all wells;

[5] If an 80 percent recovery has not been reached in four hours, consult with the test supervisor;

[6] A spot check may be required every four hours, on all wells until 80 percent recovery has been reached. In no case shall recovery be measured less than one hour;

[7] Any deviation from the measurement schedule must be approved by the Water Resources Director prior to beginning the test;

e. The time each measurement is taken must be recorded;

f. Pumping is to be conducted a minimum of four hours. The time span will be determined by the requirements in subsection (C) of this section, but in no case for less than four hours;

g. There shall be at least two observation wells used within a 500-foot radius of the pumped well:

[1] If observation wells are not available, a written explanation concerning the particulars will be included in the sworn report;

[2] Measurement and recording of measurements, in subsections (D)(2)(c) and (d) of this section, also pertain to observation wells;

[3] If more than two observation wells are available, the Water Resources Department shall determine which wells are used;

h. The pump tester shall document any observed water use in the vicinity of the major or minor test along with the time of that observation;

3. Test Supervision. The test shall be conducted under the general supervision of the Water Resources Department using testing procedures in this chapter. The certified pump tester in charge shall be responsible for notifying the Water Resources Department 10 working days prior to the start of the test, including submittal of information form required in subsection (C)(1) of this section;

4. Test Evaluation. The Water Resources Department shall determine whether a certificate of compliance shall be issued for a pump test. The Water Resources Director, with the advice of a consultant, will set criteria for the minor pump test and the major pump test. In those instances where the impact appears to be questionable the issue may be resolved with the aid of a consultant;

5. Certification and Responsibility. A major or minor pump test is to be conducted by a firm, or individual, who has been certified by the Water Resources Department to have the necessary equipment and knowledge required to conduct the test. The data collected during this test are to be recorded, legibly and in a manner approved by the Water Resources Department, on a standard form, which will include a certified statement attesting to the accuracy of the information submitted and shall be filed with the Water Resources Department prior to issuance of a development permit or as a condition of final platting:

a. A review of certified pump testers will be conducted annually. The Water Resources Department may fail to renew the certification for just cause. If the pump tester is to be recertified they may be required to retake and pass the certification exam;

b. A land owner, or developer, may be certified for an individual test, after passing the certification test, and demonstrating the possession of the proper equipment;

6. Inadequate Tests. If any test does not meet the standards in this section, no land use, or development requiring groundwater, shall be approved by the Review or Hearing Body, until a subsequent test meets the standards or an alternative tested source is provided. If the test is deemed inadequate, the land developer may appeal as outlined in JCC 19.84.030(B);

7. Substandard Wells. Any substandard well on a lot or parcel proposed for development must be properly abandoned or repaired as required by OAR Chapter 690, Divisions 200 through 235, for well construction, maintenance, and abandonment. [2005 RLDC § 84.050.]

For all major and minor pump tests, in accordance with recognized principles of well hydraulics, graphs shall be prepared and filed with the Water Resources Department to show time versus drawdown, and time versus recovery for the pumped well and the observation wells. A distance versus drawdown graph may be required for anticipated rates of pumping. The rate of pumping, time, and drawdown data are required, as well as other data which may be considered necessary to satisfy the test objectives. [2005 RLDC § 84.060.]

A. While conducting a major or minor pump test, or aquifer test, a water quality test, to determine the extent of the suspected contaminant(s), must be conducted. If the water quality test indicates the presence of contaminants, a certificate of compliance may not be issued. If the water quality does not meet the Public Health Standards, as designated in OAR Chapter 333, Division 61, and the National Interim Public Drinking Water Standards, then the well must be properly constructed in accordance with OAR Chapters 690, Divisions 210 and 215, or abandoned in accordance with OAR Chapter 690, Division 220.

B. A water quality test to detect the presence of suspected contaminants, or quantity test, shall be required for all wells being altered or constructed in documented water quality or quantity problem areas. Well construction, or abandonment, shall be in accordance with the Oregon Administrative Rules, as cited in subsection (A) of this section, if the water quality test does not meet the standards as stated.

C. If a water sample from a new well does not meet, either by laboratory analysis or by field examination, the above referenced drinking water standards and the well is not subsequently abandoned, then the well owner may be required to submit a sample to a certified laboratory for further water quality information. The analysis shall be limited to 10 water quality parameters, in addition to any suspected contaminants. The parameters for analysis shall be determined from the official groundwater problem areas document.

D. An application for a land use permit or final platting may be denied if the water quality standards above are not met. [2005 RLDC § 84.070.]

Any new wells drilled after the effective date of this title shall not be located within five feet of a property line. Furthermore, all wells shall meet the location requirements of OAR Chapter 690, Division 210. [2005 RLDC § 84.080.]

All requests for exemption from this chapter must be in writing to the Water Resources Department. The Department will submit the request with a staff report and recommendation to a hearings officer. Requests for an exemption may include but are not limited to the following:

A. Proposed land divisions which fall under the scope of this chapter on the basis of newly created roads or dedicated roadways;

B. Proposed land use change which falls within the scope of this chapter and two properly executed pump tests of similar requirement have been conducted within a 500-foot radius of the proposed change, without a significant increase in groundwater use;

C. Proposed land use change which falls within the scope of this chapter and a municipal water supply is available and there are no other groundwater users within 500 feet of the development’s well;

D. Use of a well is being expanded and an adequate test has been conducted within one year using the same well;

E. The Water Resources Director may exempt the test from JCC 19.84.050(B)(7) (80 percent recovery of drawdown, within 12 hours) based on department evaluation, or on the advice of a qualified professional, or if successfully appealed as outlined in JCC 19.84.030(B). [2005 RLDC § 84.090.]

Nothing in this chapter is intended to conflict with ORS 537.505, et seq., and the provisions of state law shall apply and prevail as applicable to any actual or intended groundwater use. [2005 RLDC § 84.100.]

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.]

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.]

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.]

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.]

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.]

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.]

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.]

The siting standards contained in this chapter shall apply to the siting of solid waste, waste transfer centers, sewage transfer sites, resource recovery facilities and recycling centers. The term “solid waste” shall be used interchangeably with “sanitary landfill,” “waste disposal site,” and “solid waste disposal site.” [2005 RLDC § 86.010.]

All uses governed by this chapter shall be authorized using Planning Commission review procedures (Chapter 19.24 JCC), together with full site plan review procedures (Chapter 19.42 JCC), and subject to the issuance of a development permit as final permit approval (Chapter 19.41 JCC). The review procedures required by this chapter are intended to be the minimum mandatory review procedures and therefore override all other provisions within this title that may specify lesser requirements. [2005 RLDC § 86.020.]

In addition to site plan review standards and criteria specified in Chapter 19.42 JCC, and any other applicable state and federal requirements, the following special standards and/or criteria shall apply to the siting of solid waste, waste transfer centers, sewage transfer sites, resource recovery facilities, and recycling centers.

A. All Uses. The following special standards shall apply to all uses governed by this chapter:

1. The owner and/or operator shall obtain and maintain a solid waste or recycling franchise license from Josephine County, or operate as an authorized subcontractor under some other franchised solid waste or recycling operator, and be so licensed or authorized during the entire time the use is conducted;

2. The owner and/or operator shall obtain and maintain all required federal, state and County permits for the approved use during the entire time the use is conducted. In the event the owner and/or operator fail to obtain or maintain these other permits or licenses, the failure shall constitute a violation of the approval issued pursuant to this chapter, and shall be subject to all enforcement remedies and procedures authorized by this title or by law;

3. Areas used for the storage of waste and/or recycling materials and buildings used to house these materials shall be set back a minimum of 30 feet from all property lines. The setback area may be increased if additional separation is needed to mitigate significant adverse impacts;

4. Vibrations, gases, dust, soot, smoke, steam, liquids or odors shall not be readily detectable from adjacent properties;

5. When the site is adjacent to residentially zoned property or properties, structures will be designed, if feasible, to accommodate the primary delivery and pickup and maneuvering of machinery away from the residential properties. Also, if feasible, traffic to and from the site will avoid using streets or roads that are developed and used primarily for residential purposes. In no case shall such activities be allowed when it results in significant adverse impacts to the residential properties; and

6. Outside storage and/or processing areas shall be screened from view from adjacent properties and public streets by fencing, berms or vegetation. The screening requirement for solid waste disposal sites may be modified by site plan review conditions provided significant adverse impacts associated with the outside storage and/or processing are adequately mitigated.

B. Waste Transfer Centers and Sewage Transfer Sites. The unloading, storage, processing and reloading of materials associated with waste transfer centers shall be conducted within a fully enclosed building to the extent it is reasonably feasible to do so. Sewage transfer sites shall be operated within a fully enclosed building and no odor shall be detectable outside of the property where the facility is located.

C. Recycling Centers and Resource Recovery Centers. Recycling centers and resource recovery facilities shall provide adequately designed and sized containers to collect and store recyclables. All collected, processed and stored materials shall be confined to the site. Littering shall be controlled on the property and along the perimeter of the property. [2005 RLDC § 86.030.]