After determining that the map is in compliance with section 9.92.030, "Final Tract And Parcel Map Form And Content", of this chapter, and is technically correct, the town engineer shall execute the town engineer's certificate on the map in compliance with Government Code section 66442, and forward the map to the town clerk for council action in the following manner:
A. Applicable Review Authority: The applicable review authority is set forth in section 9.90.070, table 6-1 of this article 6.
B. Review And Approval By The Review Authority:
1. Timing Of Review Authority's Review: The review authority shall approve or deny the map after it receives the map from the town engineer or, in the case of the council, at its regular meeting after the meeting at which it receives the map, unless that time limit is extended with the mutual consent of the director and the subdivider.
2. Criteria For Approval:
a. The review authority shall approve the map if it conforms to all of the requirements of the act, all provisions of this development code that were applicable at the time that the tentative map was approved, and is in substantial compliance with the approved tentative map.
b. If the map does not conform, the review authority shall not approve the map.
c. Where a map does not include any offers for dedication or improvement, the director shall review the map(s) and shall approve each map if the map conforms to the applicable requirements of the act and this chapter. If the map(s) does not conform, it shall not be approved.
3. Applicable Ordinances, Policies, And Standards: In determining whether to approve or deny a map, the review authority shall apply only those ordinances, policies, and standards in effect on the date the proposal for the subdivision was accepted as complete, in compliance with Government Code section 66474.2.
4. Action Not To Approve A Final Tract Or Parcel Map:
a. If a map is not approved due to its failure to meet any of the requirements imposed by the act or this chapter, the denial shall be accompanied by findings identifying the requirements which have not been met or performed.
b. Approval of a map shall not be withheld when the failure of the map to comply is the result of a technical and inadvertent error which, in the determination of the council or, in the case of a map not involving any offers of dedication or improvement, the director, does not materially affect the validity of the map.
C. Map With Dedications:
1. If a dedication or offer of dedication is required on the map, the council may accept, subject to improvement or accept for dedication but not into town maintained roadways and any other offers of dedications and maintained systems, or reject, on behalf of the public, of any real property offered for dedication to the public in compliance with the terms of the offer of dedication, at the same time as it takes action to approve the map.
2. If the council rejects the offer of dedication, the offer shall remain open and may be accepted by the council at a later date in compliance with Government Code section 66477.2.
3. Any termination of an offer of dedication shall be processed in compliance with Government Code section 66477.2 using the same procedures as specified by Streets And Highways Code part 3 of division 9.
D. Map With Incomplete Improvements: If improvements required by this development code, conditions of approval, or other applicable laws have not been completed at the time of approval of the map, the review authority shall require the subdivider to enter into an agreement with the town as specified in Government Code section 66462, and section 9.96.040, "Improvement Agreements, Lien Agreements, And Securities", of this article 6, as a condition precedent to the approval of the map.
E. Recording Of Final Tract And Parcel Maps:
1. After action by the review authority, as applicable, to approve the map, and after the required signatures and seals have been affixed, the town clerk shall transmit the map to the title company.
2. The title company shall obtain signatures at the county tax collector and deliver to county recorder for recordation. (Ord. 242, 9-3-2013)