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Thank you for your question.
Can you find the wetland on the inventory linked from
Does the developer have a 404 permit?
Are there any endangered species living in the wetland?
It sounds like the developers committed fraud. You might try having your lawyer tell their lawyers that if the developers do not buy that parcel and dedicate it as an easement for the people in your development, they they will add claims for fraud to the existing lawsuit.
Or are you ready suing them for fraud?
The Kelly case gives the City Council discretion to reject the plat.
"A solution to this paradoxical problem may be found in the provision of the Bethany ordinance requiring reasons to be given for disapproval of a plat. Council did not follow this directive and the trial court issued the peremptory writ against the mayor commanding him to deliver reasons for refusal to appellants. Once these reasons are made known, the trial court's task will be simplified. If reasons state Bethany does not wish to accept the dedications shown on the plat then the decision to deny approval is discretionary and not susceptible to mandamus. Further if it is shown Council's refusal is based on non-compliance with ordinances, this too is within Council's discretion".
You can petition or lobby the Council not to accept the plat because it will raise the costs to the city of maintaining the proposed roads, in addition to creating an overly dense development.
Did the developer post a maintenance bond as required by section 12-12-1 of
Yes that is my understanding.
12-12-1: MAINTENANCE BOND REQUIRED IN ADVANCE:
No streets, storm water system, water distribution system, wastewater system or other public improvements shall be accepted for ownership or maintenance by the city until the contractor has furnished:
A. Individual maintenance bonds covering one hundred percent (100%) of the construction costs of the improvement for a period of two (2) years from the date of acceptance by the city;