The applicant shall construct all streets, together with all other improvements, including grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water mains, street signs, shade trees, storm drainage facilities, sanitary sewers, landscaping, traffic control devices, open space and restricted areas and erosion and sediment control measures in conformance with the final plan as approved, the applicable provisions of the PennDOT Specifications, Publication 408, dated 1976, or the latest revision thereto and other applicable regulations.
A. 
The construction or installation of all improvements shall at all times be subject to inspection by the Codes Enforcement Office of the borough. If such inspection reveals that work is not in accordance with approved plans and specifications, that construction is not being done in a workmanlike manner or that erosion or sediment controls are failing to prevent accelerated erosion or waterborne sediment from leaving the site of construction, the representative is empowered to require corrections to be made and/or the suspension of subdivision or land development approval and to issue a cease and desist order which may include any or all of the following sanctions:
(1) 
That no lot or building in the subdivision or land development shall be conveyed or placed under agreement of sale;
(2) 
That all construction on any lots or other portion of a land development for which a building permit has been issued shall cease; and/or
(3) 
That no further building permits for any lots or structures shall be issued.
B. 
The cease and desist order shall be terminated upon determination by the borough that the defects or deviations from plan requirements have been corrected.
C. 
It shall be the responsibility of the subdivider, developer, builder, or contractor to notify the Borough Engineer or other duly authorized person a minimum of two working days in advance of the commencement of any construction or installation of any facility or utility required by this chapter or by the approved subdivision or land development plan, in order that provisions may be made for inspection by the borough.
D. 
In addition to the advanced notice required by Subsection C, above, it shall be the responsibility of the subdivider, developer, builder or contractor to notify the Borough Engineer or other duly authorized person a minimum of one working day in advance of the commencement of the following events in order that provisions may be made for inspection by the borough:
(1) 
Key trench for stormwater retention or detention basins, following excavation but prior to the placement of any backfill.
(2) 
Footings for structures, following excavation but prior to the commencement of any further construction work on the structure.
(3) 
All pipe work, including pipe spillways in stormwater retention and detention basins, storm drains and utilities before any pipes are covered with backfill.
(4) 
Street subgrade when completed, but before the start of installation of curbs or base course.
(5) 
All stormwater recharge facilities after excavation and again before backfilling over stone or pipe storage areas.
(6) 
Curbs and/or sidewalks, when crushed stone or gravel base is in place and during all subsequent concrete pours.
(7) 
Crushed aggregate base course, during its installation.
(8) 
Bituminous surface binder course, during its installation.
(9) 
Bituminous surface wearing course, during its installation.
(10) 
Final inspection.
A. 
When the developer has completed all of the necessary and appropriate improvements, he shall notify 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 who shall inspect or cause the inspection all of the aforesaid improvements. The Borough Engineer shall, thereupon, file a report, in writing, with Borough Council and shall promptly mail a copy of the same to the developer by certified mail. The report shall be made and mailed within 40 days after receipt by the Borough Council of the aforesaid notice from the developer; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part. If said improvements, or any portion thereof, shall not be approved or shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for such non-approval or rejection.
B. 
Within 15 days of receipt of the Borough Engineer's report, Borough Council shall notify the developer, in writing, by certified mail of the action of Borough Council with regard to approval, nonapproval or rejection of improvements.
C. 
If any portion of the improvements shall not be approved or shall be rejected by Borough Council, the developer shall proceed to complete those improvements and, upon completion, the same procedure of notification as outlined herein shall be followed.
D. 
The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and are accepted by the borough. In addition, 10% of the performance guarantee shall be held back by the borough until the developer has posed a maintenance guarantee as provided for in § 281-82 and as-built plans are verified and accepted by the borough.
E. 
Partial releases of the performance guarantee during the period of construction shall be authorized pursuant to § 281-19H herein.
F. 
The applicant shall reimburse the borough for the reasonable and necessary expenses incurred for the inspection of the improvements. Such reimbursement shall be in accordance with a fee schedule adopted from time to time by resolution of Borough Council in accordance with the provisions of PaMPC § 510(g).[1]
[1]
Editor's Note: See 53 P.S. § 10510(g).
Within 30 days after completion and borough approval of subdivision or land development improvements as shown on final plans and before borough acceptance of such improvements, the developer shall submit to Borough Council a corrected copy of said plans showing actual dimensions and conditions of streets and all other improvements, certified by a professional engineer and/or land surveyor to be in accordance with actual construction.
A. 
Upon completion of any public improvements shown on an approved subdivision plan and within 90 days after approval of such public improvements as herein provided, the developer shall submit written offer of such public improvements for dedication to the borough. Said offer shall include a deed of dedication covering said public improvements together with satisfactory proof establishing the developer's clear title to said property. Such documents are to be filed with the Borough Secretary for review by the Borough Solicitor. Deeds of dedication for public improvements may be accepted by resolution of Borough Council at a regular meeting thereof. Borough Council may require that at least 50 percent of the lots in any approved subdivision or land development (or phase thereof, if final plan approval has been in phases) have certificates of occupancy issued for buildings thereon prior to acceptance of dedication. Should the streets, even though constructed according to the specifications of this chapter, deteriorate before said 50% of the lots have certificates of occupancy issued, such streets shall be repaired in a manner acceptable to Borough Council before being accepted by the borough.
B. 
Borough Council may require that certain subdivision and land development improvements remain undedicated, with maintenance the responsibility of individual lot owners, a homeowners' association or similar entity, or an organization capable of carrying out maintenance responsibilities.
A. 
Where Borough Council accepts dedication of all or some of the required improvements following completion (whether such dedication is of the fee or of an easement), Borough Council shall require the posting of financial security to secure the structural integrity of the improvements and the functioning of the improvements in accordance with the design and specifications as depicted on the final plan. The security shall be in the form as is authorized for the deposit of the performance guarantee, as described in § 281-19 hereof, shall be for a term of 18 months from the date of the acceptance of dedication and shall be in an amount equal to 15% of the actual costs of installation of the improvements so dedicated.
B. 
Where maintenance of stormwater retention facilities or private streets is to be the responsibility of individual lot owners, a homeowners' association or similar entity, or an organization capable of carrying out maintenance responsibilities, Borough Council shall require that maintenance responsibilities be set forth in perpetual covenants or deed restrictions binding on the landowner's successor in interest and may further require that an initial maintenance fund be established in a reasonable amount.