A. Official And Timely Filing Of Map:
1. The subdivider shall cause the map to be officially filed with the town engineer at least twenty (20) days before the expiration of the approved or conditionally approved tentative map or any approved extension of time granted in compliance with section 9.91.110, "Tentative Map Expiration And Extensions", of this article 6.
2. The map shall not be considered officially filed until the engineer or surveyor has received notification from the town engineer that all provisions of the tentative map approval, the act, the town code, this development code, and applicable town standards have been complied with.
3. The filing of the official copy of the map with the town engineer shall constitute the timely filing of the map.
B. Review Of Map:
1. Upon filing of the application, the town engineer shall examine it as to sufficiency of affidavits and acknowledgments, correctness of surveying data, mathematical data and computations, and other matters which may require checking to ensure compliance with the provisions of the act, this chapter, and applicable town standards.
2. If the map is found to be in substantial compliance with the tentative map and is in correct form, the matters shown on the map are sufficient, and the town engineer is satisfied that all of the conditions of approval have been met, the town engineer shall endorse approval of the map.
3. The town engineer shall combine with the map the agreements, easements, and securities as required by this chapter.
4. The material shall be transmitted to the council for its consideration of the map.
C. Time Limit For Filing Map: If the subdivider fails to file the map with the town engineer and the required accompanying data with the appropriate town departments within twenty four (24) months, or other period of time specified in Government Code section 66452.6 and section 9.91.110, "Tentative Map Expiration And Extensions", of this article 6, following the effective date of tentative map approval by the review authority, or within any authorized extension of time, the tentative map approval or conditional approval shall become void. In this case, a new filing fee shall be paid, in compliance with the planning fee schedule, and an application for a new tentative map shall be filed.
1. If one hundred twenty (120) days before the submittal of a map, the subdivider has failed to comply with the tentative map conditions which require the subdivider to construct or install off site improvements on land in which neither the subdivider nor the town has sufficient title or interest, including an easement or license, then at the time the map is filed with the local agency, to allow the improvements to be made, the subdivider shall enter into an agreement with the town to pay all costs of the town in acquiring the property.
2. The town shall have one hundred twenty (120) days from the filing of the map, in compliance with Government Code section 66457, to obtain interest in the land to allow the improvement(s) to be made by negotiation or proceedings in compliance with Code Of Civil Procedure title 7 (commencing with section 1230.010) of part 3, including proceedings for immediate possession of the property under Code Of Civil Procedure title 7, chapter 6, article 3 (commencing with section 1255.410).
3. In the event the town fails to meet the one hundred twenty (120) day time limitation, the condition for construction of off site improvements shall be conclusively deemed to be waived.
4. Before approval of the map, the town may require the subdivider to enter into an agreement to complete the improvements, in compliance with section 9.95.040, "Site Preparation And Grading For Subdivision Construction", of this article 6, at the time the town acquires an interest in the land which will allow the improvements to be made.
5. "Off site improvements", as used in this subsection, do not include improvements which are necessary to ensure replacement or construction of housing for persons and families of low or moderate income, as defined in Health And Safety Code section 50093. (Ord. 242, 9-3-2013)