A.
No plan shall be finally approved unless the streets shown on such plan have been improved as may be required by this chapter and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains, stormwater management facilities or other improvements, as may be required by this chapter, have been installed in accordance with this chapter, except that the surface course of streets shall not be completed until such time as 90% of the lots in the subdivision or land development have been improved by the construction of a dwelling if approved for residential development or by the construction of the proposed commercial or industrial structures if the lots are approved for such uses. In lieu of completion of the surface course of streets, as well as in lieu of completion of other improvements required as a condition for final plan approval of a plan, at the discretion of the developer, such developer may deposit with the Borough, as applicable, a letter of credit or other financial security authorized by the MPC and acceptable to Council in an amount equal to 110% of the estimated cost of the required improvements at a time 90 days following the date scheduled for completion of the respective improvements by the developer. The estimated cost of the surface course shall be computed separately from the estimated cost of completing the other improvements and shall be based upon the developer's projected timetable for completion of the development.
B.
The amount of financial security shall be determined and annually adjusted in accordance with all applicable requirements of the MPC.
C.
Where public sewer service and/or public water service is proposed by a plan, the developer shall post financial security with the Authority. No plan shall be released for recording until the Authority has confirmed receipt of the financial security required under applicable statutes and regulations.
D.
The Borough shall process requests for reduction of financial security in accordance with the requirements of the MPC.
E.
The value of the work completed shall be determined by subtracting 110% of the estimated cost of the completion of the remaining uncompleted work from the total amount of security deposited.
F.
At such time as 90% of the lots in the subdivision have been improved as set forth above or, if at the expiration of three years from the date all of the improvements excepting the surface course have been completed, less than 90% of the lots have been so improved, the Borough may notify the developer to complete the surface course within 60 days from the date of such notice. In computing the sixty-day requirement, the period from October 1 to April 1 may not be counted.
G.
If at the time the surface course is completed, 90% of the lots are not improved as set forth above, the developer must:
(1)
Post with the Borough financial security in an amount equal to 15% of the reasonable cost of the surface course as security to guarantee that damages to the road or street would not occur during the completion of the improvements on the unimproved lots in such developer's subdivision or land development. The Borough shall hold such financial security and utilize it to pay for the repair of any damage occurring to the road during the period between the commencement of improvements on any particular unimproved lot and the completion of such improvements irrespective of whether or not it can be established that the damage to the road was caused by contractors or other persons working in and about the construction of such improvements; or
(2)
Present to the Borough agreements signed by the owners of all of such unimproved lots pursuant to which they will agree to pay to the Borough the cost of repairing any damage occurring to roads in such subdivision during the period between the commencement of work on the improvements to their lot and the completion of such improvements irrespective of whether or not it can be established that such damage was caused by contractors or other persons involved in the improvement of their respective lot.