(A) Minor subdivisions or parcel maps.
(1) With respect to minor subdivisions, or parcel maps, the frontage improvements required by this chapter may be deferred when deemed necessary by the County Engineer. When the improvements are deferred, the subdivider and/or owner of the real property shall enter into an agreement with the county, in a form acceptable to the County Engineer and County Counsel, for the installation of all frontage improvements at a time in the future as specified by the county. The County Engineer shall execute the agreement on behalf of the county. The agreement shall provide the following:
(a) That construction of improvements shall be completed within one year of the date of commencement of the work; the date shall be specified by the county;
(b) That in the event of a default by the subdivider and/or owners, the county is authorized to cause construction to be done and to charge the entire cost and expense thereof to the subdivider and/or owners, including interest from the date of notice of such cost and expense until paid;
(c) That the agreement shall be recorded with the County Recorder at the expense of the subdivider and/or owners and shall constitute notice to all successors and assigns of title to the real property of the obligations set forth therein, and shall also constitute a lien in such amount necessary to fully reimburse the county, including interest as provided above, subject to foreclosure in the event of a default in payment;
(d) That in the event of litigation occasioned by any default of the subdivider and/or owners, the subdivider and/or owners agree to pay all costs involved, including reasonable attorney’s fees, and that the same shall become a part of the lien against the real property;
(e) That the terms “subdivider” and “owner” shall include, respectively, not only the subdivider and the present owner of the real property, but also heirs, successors, executors, administrators and assigns thereof, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it;
(f) Any other improvement security as required by § 23.17.009;
(g) Cash deposit, if determined necessary by the County Engineer; and
(h) Any other provisions required by the county as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this code.
(2) The construction of deferred improvements shall conform to the provisions of this title and all applicable chapters of this code in effect at the time of construction.
(B) Remainders. Where a remainder is made part of a final or parcel map, the subdivider shall enter into an agreement with the county to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for development of the remainder. The improvements shall be at the subdivider’s expense. The county may require fulfillment of the construction requirements within a reasonable time following approval of the final or parcel map and prior to the issuance of a permit or other grant approval for the development of the remainder, upon a finding that fulfillment of the construction requirements is necessary for reasons of:
(1) The public health safety; or
(2) The required construction is a necessary prerequisite to the orderly development of the surrounding area.
(1966 Code, § 17-67) (Ord. 617, § 2(part))