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<br />0012'74 <br /> <br />17 <br /> <br />or suitably guarantees construction of the required drainage facilities <br />in order to obtain subdivision approval. Upon completion of the con- <br />struction, the municipal government accepts the facility for maintenance <br />unless the developer wants to utilize the facility within his develop- <br />ment. For example, a developer may want to utilize the subdivision <br />detention pond as a Common ~rea park. In this case, the developer or <br />the homeowners' association controlling the Common Area is subject to <br />the proper maintenance of the drainage facility. <br />The regulation recognizes that some monetary adjustment will <br />have to be made. All front-end money apportioned to the developer <br />in excess of his "fair share" must be reimbursed. This subsection <br />sets up a timely reimbursement mechanism. The differences between <br />the developer's actual expenditure and his "fair share" shall be paid <br />back in the following order: <br />1. First, from the available funds in the particular drainage <br />basin fund in which the development is located; <br />2. Second, from ,money available in other drainage basin funds; <br />and <br />3. Third, from the municipal government's general funds speci- <br />fically earmarked for drainage construction reimbursement. <br />If these three sources are not sufficient, then the municipal <br />government shall include money sufficient to complete the <br />reimbursement in their next suceeding annual appropriation. <br />This payback provision can be used as an effective growth <br />'management tool. For example, if a proposed development creates or <br />adds to a situation requiring substantial off-site drainage facility <br />construction, the community can deny subdivision approval if it is <br />