Any action to challenge the provisions of or the application of this chapter to any subdivision shall be filed in a court of competent jurisdiction no later than ninety days following the approval of or rejection of a final subdivision map to which the provisions of this chapter apply. No such action may be brought after rejection of a final subdivision map unless said rejection was due to the failure of the developer to comply with this chapter. (Ord. 1352 NCS §2 (part), 1979.)