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§ 14-5-2-9 FINANCIAL RESPONSIBILITY.
   (A)   The city may participate in the construction of permanent flood control facilities to the extent that public benefits are derived from such construction and consistent with Capital Improvements Program (CIP) priorities. Reimbursement for private funding of such projects may also be available under these conditions.
   (B)   The city may participate in the costs of channel crossing structures on arterial and collector streets which are required for sole access to a development. The developer's share shall not exceed the cost required to meet the minimum street width standards established by the Traffic Engineer.
   (C)   The city shall not participate in the funding of flood control facilities whose sole purpose is the reclamation of undeveloped land located within a flood hazard area for private development purposes.
   (D)   All drainage control, flood control, stormwater control, and erosion control facilities which directly result from a proposed land use change are the responsibility of the developer. Developer financed facilities include all those within the boundaries of the development, those required for development adjacent to a major arroyo or within a flood hazard area, and all temporary and permanent off-site drainage facilities. Master planned facilities shall be the responsibility of the city and in some instances AMAFCA. However, if such facilities are not programmed and funded at the time of development, the developer shall construct the master planned facilities or provide for temporary facilities, constructed to City Engineer standards within a temporary or permanent drainage easement until such time that the city or AMAFCA constructed facilities are in place. If the construction of such facilities is a condition of plat approval or building permit issuance, then financial guarantees of such construction satisfactory to the City Engineer shall also be provided as a prerequisite. The City Engineer shall coordinate the construction and location of temporary facilities with AMAFCA and other city departments. If the ultimate on-site drainage control, flood control, stormwater control, or erosion control facilities require permanent rights-of-way or easements, such rights-of-way or easements shall be dedicated at the time of platting or building permit issuance, whichever occurs first.
   (E)   Except as allowed by AMAFCA Resolution 81-8 and amendments thereto, the dedication of land for public purposes does not relieve a developer of responsibilities for the construction of drainage control, flood control, stormwater control, and erosion control facilities that would otherwise be necessary. The dedication of rights-of-way or easements for drainage control, flood control, stormwater control, or erosion control facilities does not relieve a developer of responsibilities that would otherwise exist for the construction of other public infrastructure.
('74 Code, § 7-9-9) (Ord. 63-1982; Am. Ord. 89-1989; Am. Ord. 2013-016)