In accordance with the conditions of § 250-19, all required improvements to land must be completed in strict accordance with Chapter 290, Zoning, other ordinances, as applicable; as established in this chapter, and the Borough construction details and specifications (copies of which may be obtained from the Borough Secretary) prior to release of the completion bond by the Borough.
The improvements shown on the subdivision or development plat
of record shall be provided by the developer in accordance with the
cited details and/or specifications.
A.
No improvements shall be made or approved by the Borough Council
except in accordance with the inspection procedure established by
the Borough Engineer.
B.
If the installations conform to the requirements under the ordinances of the Borough and to the agreement specified in § 250-19, the duly appointed officer of the Borough, after his inspection, shall furnish to the Solicitor and Council a written statement to that effect.
C.
The inspection of sanitary and storm sewer installations shall be
in accordance with the procedures of the applicable sanitary authority,
with any required notices also being submitted to the Borough Secretary.
A.
Acceptance of improvements generally. Every street, park, sewer,
drainage facility or other improvement shown on a subdivision or development
plat that is recorded as provided herein shall, notwithstanding such
recording, be deemed to be a private street, park, sewer, drainage
facility or other improvement, and the Borough shall have no responsibility
with respect thereto until such time as the same shall have been offered
for dedication to the Borough and accepted by it, by ordinance or
resolution, and recorded in the office of the Clerk of the Court of
Common Pleas, or until it shall have been duly condemned by the Borough
for public use.
B.
Requirements for acceptance of improvements. No street, right-of-way,
sanitary sewer, storm sewer, drainage facility or other improvement
required by this chapter shall be accepted by ordinance or resolution
of Council unless, prior thereto, there shall be submitted to Council:
(1)
A dedication thereof in a form approved by the Borough Solicitor.
(2)
Originals of as-built plans, in duplicate, to the Borough Secretary.
(3)
A certificate by the Borough Engineer that the improvements offered
for acceptance have been constructed in accordance with the documents
approved by the Council and are now in a condition satisfactory for
acceptance.
(4)
A receipt for all charges and fees required to be paid to the Borough.
A.
Release from an improvement bond or other guaranty of completion
of improvements shall be by the following procedure:
(1)
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Borough Council, in writing,
by certified or registered mail, of the completion of required improvements
and shall send a copy thereof to the Borough Engineer.
(2)
Within 10 days after receipt of such notice, the Borough Council
shall direct and authorize the Borough Engineer to inspect all required
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. Said
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 required 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 Engineer, said report shall contain a statement
of reasons for such nonapproval or rejection.
(3)
The Borough Council shall notify the developer, in writing, by certified
or registered mail, of the action of said body with relation to said
report.
B.
If the Borough Council or Borough Engineer fails to comply with the
time limitation provisions contained herein, all improvements will
be deemed to have been approved and the developer shall be released
from all liability, pursuant to its performance guaranty bond.
C.
If any portion of required improvements shall not be approved or
shall be rejected by the Borough Council, the developer shall proceed
to complete the same and, upon completion, the same procedure as outlined
herein shall be followed.
D.
Nothing herein, however, shall be construed to limit the developer's
right to contest or question, by legal proceedings or otherwise, any
determination of the Borough Council or the Borough Engineer.
