Progress inspections will be performed by the Borough at predetermined intervals or rates and specific to the type of work being performed. Generally, inspections will be full-time inspections for the construction of any roadways, sanitary sewers, storm sewers, or any other public improvements.
Upon completion of the public and private improvements in a plan, as-built plans of the improvements shall be filed with the Borough by the developer within 10 days of the mailing of the notice of completion. The as-built plans shall be delivered to the Borough prior to their accepting any of the public improvements in both hard copy and a digital format conforming to acceptable industry standards.
A. 
Borough Engineer's report. When a developer has completed all of the necessary and appropriate public and private improvements, the developer shall notify the Borough Council, in writing, by certified or registered mail of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. The Borough Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall, thereupon, file a report, in writing, with the Borough Council and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Borough Engineer of the aforesaid authorization from the Borough Council; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements or any portion thereof shall not be approved or shall be rejected by the Borough Engineer, said approval shall contain a statement of reasons for such nonapproval or rejection.
B. 
Notification of developer by Borough Council. Borough Council shall notify the developer within 15 days of receipt of the Borough Engineer's report, in writing, by certified or registered mail, of the action of the Borough Council with relation thereto. The developer shall reimburse the Borough for the reasonable and necessary expenses incurred for inspection of public and private improvements as set forth in a schedule adopted by resolution by the Borough Council. Any dispute with respect to the amount of said charges shall be resolved in accordance with the provisions of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Completion of rejected public improvements. If any portion of the public or private improvements shall not be approved or shall be rejected by Borough Council, the developer shall proceed to make the required corrections or additions and, upon completion, the same procedure of notification, inspection and approval as outlined in this article shall be followed.
D. 
Release of financial security.
(1) 
As the work of installing the required public and private improvements proceeds, the developer may request the Borough Council to release or authorize the release, from time to time, such portions of the performance security necessary for payment to the contractor(s) performing the work. Any such request shall be in writing addressed to the Borough Council, and the Borough Council shall have 45 days from receipt of such request within which to allow the Borough Engineer to certify, in writing, to the Borough Council that such portion of the work upon the improvements has been completed in accordance with the approval final plat. Upon such certification, the Borough Council shall authorize release by the bonding company or lending institution of an amount as estimated by the Borough Engineer fairly representing the value of the improvements completed. The Borough Council may, prior to final release at the time of completion and certification by its Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
(2) 
All improvements shall be completed within the period stated in the approved final plat, which period shall not exceed two years. Upon written application signed by all parties to the performance security device and in a form approved by the Borough Solicitor, the Borough Council may, at its discretion, extend said period by not more than two additional years.
A. 
Upon completion of the inspection and approval of proposed public improvements, the developer shall submit a request to Borough Council, in writing, to accept the dedication of the public improvements. The Borough may accept said public improvements in the manner specified in the Borough Code, 53 P.S. § 4601 et seq.; and the MPC[1] subject to the posting of the maintenance security required by § 212-25 of this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
No property or public improvement shown on a final plat shall be considered to have been finally accepted by the Borough until the dedication thereof has been officially accepted in the manner specified in the Borough Code, 53 P.S. § 4601 et seq., and the MPC.
As a prerequisite to release of the performance security for completion of public and private improvements pursuant to this chapter, or as a condition to final plat approval, the developer shall provide maintenance security guaranteeing the maintenance of the improvements in the amount of 15% of the actual cost of installation of said improvements for a term of 18 months from the date of acceptance of the improvements by the Borough's Engineer, to secure both the structural integrity and functioning of said improvements in accordance with the design and specifications as depicted on the approval final plat. The security must be in place prior to the final acceptance of any public improvements.
In the event that the public and private improvements required to be installed by the provisions of this chapter are not installed in accordance with the requirements of this chapter or the approval final plat, Borough Council shall have the power to enforce the performance security by appropriate legal and equitable remedies provided by the laws of the Commonwealth of Pennsylvania. If proceeds from the performance security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements guaranteed by such performance security, Borough Council may, at its option, install part of such improvements in all or part of the subdivision, consolidation or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the performance security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements guaranteed by such performance security and not for any other municipal purpose.