[Ord. 899-8, 9/13/1989]
The final responsibility for the installation of the improvements
required by this chapter rests with the applicant. Upon installation
of improvements in accordance with the specifications of the approved
plan and the Borough Engineer, the applicant must take the final steps
to dedicate the improvements and have them accepted by the Borough.
[Ord. 899-8, 9/13/1989]
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, and other improvements
as may be required have been installed in accordance with this chapter.
In lieu of the completion of any improvements required as a condition
for the final approval of a plan, the developer shall deposit with
the Borough a corporate bond or other financial security acceptable
to the Borough Council under recommendation of the Borough Engineer
and Solicitor in an amount sufficient to cover the costs of any improvements
which may be required, which financial security may include, among
others, a lending institution irrevocable letter of credit or a restrictive
or escrow account in a lending institution. Such bond or other security
shall provide for and secure to the public the completion of any improvements
which may be required on or before the date fixed in the formal action
of approval or accompanying agreement for completion of the improvements.
The amount of financial security or bond posted for the completion
of the required improvements shall be equal to 110% of the cost of
the completion estimated as of 90 days following the date scheduled
for completion by the developer. The procedures for securing the appropriate
securities or bonds and related requirements shall be as outlined
in § 509 of the Pennsylvania Municipalities Planning Code,
53 P.S. § 10509, as amended.
[Ord. 899-8, 9/13/1989]
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 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,
and 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 be not approved or shall be rejected
by the Borough Engineer, said report shall contain a statement of
reasons for such nonapproval or rejection.
2.
The Borough Council shall notify the developer, within 15 days of
receipt of the Engineer's report, in writing, by certified or
registered mail, of the action of the Borough Council with relation
thereto.
3.
If the Borough Council or the 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 or other
security agreement.
4.
If any portion of said 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 of notification,
as outlined herein, shall be followed.
5.
Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question by legal proceedings
or otherwise any determination of the Borough Council or the Borough
Engineer.
6.
Where herein reference is made in this chapter to the Borough Engineer,
he shall be a duly registered professional engineer employed by the
Borough or engaged as a consultant thereto.
7.
To cover inspection costs, the developer must pay a fee to be established
by the Borough Council. Any unused portion of this fee will be refunded
to the developer upon completion of the inspection.
[Ord. 899-8, 9/13/1989]
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accord with the
approved final plan, the Borough Council is hereby granted the power
to enforce any corporate bond or other security by appropriate legal
and equitable remedies. If proceeds of such bond or other security
are insufficient to pay the cost of installing or making repairs or
corrections to all the improvements covered by said security, the
Borough Council may, at its option, install part of such improvements
in all or part of the subdivision 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 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 purpose.
[Ord. 899-8, 9/13/1989]
The offer to dedicate streets or other areas or portions of
them does not impose any duty upon the Borough concerning maintenance
or improvement until the proper authorities of the Borough have made
actual appropriation by ordinance or resolution or by entry or improvement.
If land is dedicated for a public site and its use for this purpose
is not imminent, the developer may be permitted to dedicate the land
with the privilege of using the surface rights until the Borough is
ready to use the land. Such dedication with the temporary privilege
of use must be noted on the final plan.
[Ord. 899-8, 9/13/1989]
On sites reserved for eventual public acquisition, no building
development is permitted during the period of reservation, said period
of time not to extend more than 18 months without consent of the developer.
Such land reservations shall be noted on the final plan.
[Ord. 899-8, 9/13/1989]
1.
Recording the final plan after approval of the Borough Council has
the effect of an irrevocable offer to:
[Ord. 899-8, 9/13/1989]
1.
Where the Borough Council accepts dedication of all or some of the required improvements following completion, the Borough Council may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in § 22-602 with the design and specifications as depicted on the final plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
2.
Defective improvements include any defect in material or workmanship
that was latent in character and not discernible at the time of final
inspection or acceptance by the Borough and/or any damage to improvements
by reason of the settling of ground, base or foundation thereof. However,
any damage to the street surface caused by tire chains, snow removal
equipment, or utility cuts by others are not the responsibility of
the developer.
