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Wed., Dec. 8, 2004 - ORDINANCE 3630 (12/08/2004)
Publication Date

Wednesday,

December 8, 2004

ORDINANCE 3630

AN ORDINANCE TO AMEND

THE CODE OF THE CITY OF

WINONA, MINNESOTA

1979

The City of Winona does ordain:

Section 1. That Section 42.05 of the City Code of Winona, Minnesota, 1979, which section is entitled "Improvements", be amended as follows:

"42.05 IMPROVEMENTS. (a) Required Minimum Improvements. Minimum improvements shall be installed: (a) In the case of subdivisions within the city, in accordance with the requirements of Appendix I; and (b) In the case of subdivisions outside the corporate limits of the city, in accordance with rules and regulations adopted by the board of county commissioners, provided, such county rules and regulations are equally or more restrictive than the requirements of Appendix I. In the event that the applicable county requirements are less restrictive, the provisions of Appendix I shall govern.

(b) Water, Sanitary, Storm Sewers. Upon petition by a developer, the City will consider designing and constructing a water, sanitary and storm sewer collection system from the existing systems up to a proposed subdivision. All design, construction and other costs for construction within the subdivision shall be the responsibility of the developer. In extraordinary circumstances, the City Council may, upon written request, (will) consider assessing all costs of design and construction of improvements but only if the developer remains the sole owner of all lots within the subdivision and the developer has signed a waiver of its rights to appeal the assessments. If the request is granted upon extraordinary circumstances being shown, the cost of improvements, or any portion allowed by the City Council, at its election, will be reimbursed and assessed upon satisfactory completion of the improvement construction. If the City determines that a pipe larger than 8 inches is required within a subdivision for future extensions of water or sanitary sewer, the City shall pay for the additional cost due to the required oversizing.

All costs for construction up to the subdivision shall be (initially) paid by the City. A per acre tap-in fee for water, sanitary and storm sewer access shall be paid in advance by the developer prior to the recording of a final plat (or, if the developer is the sole owner of all of the lots, the tap-in fee may be assessed against the proposed subdivision lots, prior to connection to the sanitary sewer collection system). The tap-in fee shall be established annually by the City Council and shall be set forth in Section 51.01 of this Code. The fee shall be based on platted acreage within the subdivision, excluding required natural state areas and floodways. For any property platted prior to July 1, 2003, however, a developer may choose to pay all costs for construction up to the subdivision, including engineering costs, in lieu of payment of the tap-in fee.

All work must be guaranteed for a period of one year by the contractor and be backed by a performance bond.

(c) Curb and Gutter. Curb and gutters are required in all subdivisions within the corporate limits except where determined by the City Engineer as inappropriate due to drainage and erosion concerns. The developer shall design, construct and pay for all curb and gutter. All curb and gutter shall be constructed to standard city specifications. The developer shall also pay for all necessary grading and construction of the street between the curb and gutter to within 4 inches of finished grade. The city will determine the amount and type of base required both for curb and gutter and the roadway. The city will furnish inspection for all street construction and, if street construction conforms to the specifications, ( be responsible for conformance to the specifications and) acceptance of the work. All work must be guaranteed for a period of one year by the contractor and backed by a performance bond.

(d) Sidewalks. Sidewalks are not required on all streets. If sidewalks are required by the city council, the developer shall pay for the same. The same regulations that apply for curb and gutter under subsection (c) above shall apply for sidewalk. All work must be guaranteed for a period of one year by the contractor and backed by a performance bond.

(e) Street Surfacing. A minimum of 4 inches of bituminous pavement will be required on all streets within the subdivision. The construction of the street shall comply with Minnesota Department of Transportation Specifications for roadway construction in effect at the time of construction. The developer shall design, construct, and pay for all streets. The street shall not be constructed prior to the time all water services and sewer laterals are constructed by the developer. All work shall be guaranteed for a period of one year by the contractor and backed by a performance bond in favor of the city.

(f) General Requirements. The developer shall employ a registered engineer to prepare the plans for construction of sanitary sewers, storm sewers, water mains, curb and gutter and sidewalk. These plans shall be submitted for approval along with the final plat. The city will furnish specifications prior to and inspections during construction. The developer shall also submit the originals of the approved improvement plans to the city engineer department for city records.

The developer may develop the subdivision in phases upon approval of a phase development plan by the city council; however, development plans for sanitary sewers, storm sewers, water mains, curb and gutter, and sidewalk for the entire subdivision must be submitted and approved prior to phase construction.

Upon completion of sanitary sewers, storm sewers, water mains, curb and gutter, roadway base and surfacing, and sidewalk by the developer, the city will accept said improvements by resolution and thereafter maintain said improvements as required by law. "

Section 2. That this ordinance shall take effect upon its publication.

Dated this 6th day of December , 2004. Jerome S. Miller Mayor

Attested By:

Monica Hennessy Mohan

City Clerk 

 

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