In the event any part of the periphery of the subdivision consists of an established public street and because of the condition of the surfacing, grade or other physical characteristics of that established street, the mayor determines the installation in that established street of either the street surfacing or the curb and gutter or both of said improvements, as required by this section, will result in adversely affecting the surfacing, drainage or safe usage of that established street, the mayor may:
A. Bond: Require the subdivider, by bond or otherwise as allowed in sections 14-3-7 through 14-3-9 of this chapter, to provide for the installation of said curb and gutter or street surfacing or both at such time as they can be installed without adversely affecting the surfacing, drainage or safe usage of the established public street up to a maximum of ten (10) years after date of subdividing; or
B. Release: Release the subdivider from the obligation to install the curb and gutter or street surfacing, or both, in that established street. No release will be made except in writing, consented to by all owners of the land in the subdivision abutting the established street involved. The release shall be recorded in the records of the county recorder at the subdivider's expense.
(1979 Code § 17.20.110; amd. Ord. 91-52, 12-19-1991)