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0 <br />M <br />r <br />UTILITIES <br />Sec. 2.04.1020. Erosion and sediment <br />control plan. <br />Prior to the issuance of a building or grading <br />permit for any development, improvement or <br />alteration of land, a plan for erosion and <br />sedimentation control shall be presented with <br />the site plan. The erosion and sedimentation <br />control plan shall specify the measures to be <br />used before, during and after construction until <br />the soil and slope are stabilized by permanent <br />cover. These control measures shall be maintained <br />in good working order until site stabilization <br />occurs. <br />(Code 2003, § 14-232; Ord. No. 213(2nd series), <br />§ 1(10(2)), 12-10-2001; Ord. No. 214(2nd series), <br />§ 1(11(2)), 12-10-2001) <br />Sec. 2.04.1030. Approval. <br />Plans and provisions required for compliance <br />with this subdivision must be submitted to the <br />city engineer for approval. <br />(Code 2003, § 14-233; Ord. No. 213(2nd series), <br />§ 1(10(3)), 12-10-2001; Ord. No. 214(2nd series), <br />§ 1(11(3)), 12-10-2001) <br />Subdivision III. Stormwater Drainage Utility <br />Sec. 2.04.1110. Statutory authority. <br />Minn. Stats. § 444.075 authorizes cities to <br />impose just and reasonable charges for the use <br />and availability of storm sewer facilities (charges). <br />By this subdivision the city elects to exercise <br />such authority. <br />(Code 2003, § 14-251; Ord. No. 213(2nd series), <br />§ 1(1), 12-10-2001) <br />Sec. 2.04.1120. Findings and determina- <br />tions. <br />In providing for such charges, the findings <br />and determinations set out in this section are <br />made. <br />§ 2.04.1130 <br />(the system). This subdivision is adopted <br />in the further exercise of such authority <br />and for the same purpose. <br />(2) The system, as constructed, heretofore <br />has been financed and paid for through <br />the imposition of special assessments <br />and ad valorem taxes. Such financing <br />methods were appropriate to the <br />circumstances at the time they were <br />used. It is now necessary and desirable <br />to provide an alternative method of <br />recovering some or all of the future costs <br />of improving, maintaining and operating <br />the system through the imposition of <br />charges as provided in this subdivision. <br />(3) In imposing charges, it is necessary to <br />establish a methodology that undertakes <br />to make them just and equitable. Taking <br />into account the status of completion of <br />the system, past methods of recovering <br />system costs, the topography of the city <br />and other relevant factors, it is determined <br />that it would be just and equitable to <br />assign responsibility for some or all of <br />the future costs of operating, maintain- <br />ing and improving the system on the <br />basis of the expected stormwater runoff <br />from the various parcels of land within <br />the city during a standard five-year <br />rainfall event. <br />(4) Assigning costs and making charges based <br />upon expected typical stormwater runoff <br />cannot be done with mathematical preci- <br />sion but can only be accomplished within <br />reasonable and practical limits. The provi- <br />sions of this subdivision undertake to <br />establish a reasonable and practicable <br />methodology for making such charges. <br />(Code 2003, § 14-252; Ord. No. 213(2nd series), <br />§ 1(2), 12-10-2001) <br />Sec. 2.04.1130. Excluded lands. <br />(1) In the exercise of its governmental author- <br />ity and in order to promote the public No charge for system availability or service <br />health, safety, convenience and general shall be made against land which is: <br />welfare, the city has constructed, oper- <br />ated and maintained a storm sewer system (1) Public or private street right-of-way; <br />CD2:19 <br />