§ 154.26 FINANCIAL RESPONSIBILITY.
   (A)    The City of Elephant Butte may participate in the construction of permanent drainage and erosion control facilities to the extent that public benefits are derived from the facilities and are consistent with Capital Improvement Program (CIP) priorities.
   (B)   Drainage facilities for crossing of major arroyos by arterial and collector streets (major streets) shall be at public expense. Drainage facilities for crossings of arroyos by streets other than arterial and collector streets (minor streets) shall be at developer expense and shall meet the design standards established by the City Engineer.
   (C)   All temporary crossings required for access, including those on major streets, shall be constructed at developer expense. Where feasible, temporary crossings shall be designed so they may be incorporated into the future permanent crossing structure so that they meet street design standards established by the City Engineer.
   (D)   The City of Elephant Butte will not participate in the costs of channel crossing structures for major streets which are required for sole access to a development.
   (E)    The City of Elephant Butte shall not participate in the funding of drainage and erosion control facilities in which the sole intent is the reclamation of undeveloped land located within a flood hazard area for private development purposes.
   (F)   The dedication of land for public purposes does not relieve a developer of responsibilities for the construction of drainage and erosion control facilities that would otherwise be necessary. The dedication of rights-of-way or easements for drainage or erosion control facilities does not relieve a developer of responsibilities that would otherwise exist for the construction of other public infrastructure.
(Ord. 77, passed 1-5-2005; Am. Ord. 194, passed 12-16-2020)