In the event that any improvements which may be required have
not been installed as provided in this chapter or in accordance with
the approved final plan, the Council may enforce any letter of credit
or other financial security by appropriate legal and equitable remedies.
If proceeds of such financial security are insufficient to pay the
cost of installing or making repairs or corrections to all the improvements
covered by said security, the Council may, at its option, install
such improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable action or recover
the moneys necessary to complete the remainder of the improvements.
All of the proceeds, after deducting the costs of collection, whether
resulting from the financial security or from any legal or equitable
action brought against the developer, or both, shall be used solely
for the installation of the improvements covered by such security
and not for any other Borough purpose.
The Borough and/or the Authority shall inspect the improvements during construction. The developer shall pay the costs of any such inspection in accordance with the provisions of Article
V of the MPC. The developer shall provide at least 48 hours' notice prior to the start of construction of any improvements that are subject to inspection.
Recording of the final plan after approval of the Council has
the effect of an irrevocable offer to:
A. Dedicate all streets and other public ways to public use, unless
such streets are indicated on said plan as private streets.
B. Dedicate all neighborhood parks and all areas shown on the plan as
being local recreation sites for public use.
As-built plans of all street improvements, stormwater management
facilities, public water supply facilities, public sewage disposal
facilities, and other public improvements shall be filed at the completion
of construction and before any dedication for public use. One set
of as-built plans shall be on Mylar and one set of as-built plans
shall be in an electronic format acceptable to the Borough Engineer.
The as-built plan sets shall be filed with the Borough Secretary.
Such plans shall be filed prior to release of the guaranty and issuance
of the completion certificate by the Borough Engineer.