[1991 Code § 227-1; Ord. No. 2007-13]
Whenever an owner of land in the Borough or partly within the
Borough, or land controlled by another governmental entity, desires
to improve it by the installation of a water or sewer extension to
the existing system, he shall file a detailed and accurate plan of
the proposed improvement, in triplicate, with the Borough Council.
The plan shall show the street outline and specify the extent of the
improvement desired and the proposed location with the grade of the
area in question. One copy shall be retained by the Borough Clerk,
one by the Superintendent of the Sewer Department and one by the Borough
Treasurer. After filing of the plan, the Borough Council shall consider
it and determine whether it shall be approved. The Borough Council
shall notify the owner of its decision not later than the next regular
meeting of the Borough Council, provided that, in any case, the Borough
Council shall have at least 30 days for consideration.
[1991 Code § 227-2]
After approval, if the Borough Council desires assurance of
the completion of the improvement, it may accept a cash deposit from
the owner to be made at the office of the Borough Treasurer, conditioned
upon completion of the improvement by the owner to the satisfaction
of the Borough Council within a time to be fixed at the time of approval.
In lieu of a cash deposit, the Borough Council may accept any security,
such as a performance bond or other surety agreement, approved as
to form and content by the Borough Attorney.
[1991 Code § 227-3]
If the improvement is not installed as required and the owner
fails to correct the defective work and no fault is attributable to
the Borough Engineer or Superintendent of the Sewer Department for
lack of supervision, the Borough shall have the right to correct the
defective work and look to the guarantor or other surety for the reasonable
cost of the necessary work. The Borough Council shall fix the amount
of the deposit, bond or other surety based upon appraisal of the plan
submitted and resulting determination of the funds required to complete
the improvement and defray all incidental expenses. Security shall
be in the custody of the Borough Treasurer. Any cash deposit shall
be set up in a trust account by the Treasurer, and he shall advise
the Borough Council as to compliance of the owner in each case. The
owner may then make the improvement at his own cost and expense. Thereafter,
the Borough Council shall instruct the Borough Engineer and the Superintendent
of the Sewer Department to maintain a check on the improvement as
it progresses to determine that the work is being accomplished in
a proper manner so that the Borough Council may acquire the improvement
for the Borough upon completion. Notwithstanding any approval of plans,
the Borough Council shall have the right to refuse water service if
the improvement is not completed in accordance with accepted practice.
It shall be the duty of the Borough Engineer and Superintendent of
the Sewer Department to advise the owner promptly upon discovery of
any deviation from accepted practice in the course of checking the
work in progress. It shall be the responsibility of the owner to notify
the Superintendent of the Sewer Department of the date on which the
work of improvement shall be commenced. Upon advice from the Borough
Engineer and Superintendent of the Sewer Department that the improvement
has been satisfactorily completed, the Borough Council shall authorize
the Borough Treasurer to return the cash deposit, bond or other surety
to the owner upon satisfactory proof being given that all expenses
and costs of the improvement have been paid by the owner.
[1991 Code § 227-4]
If the owner desires the Borough Council to make the improvement
at his expense with Borough employees, the Borough Council may take
action on the request and, if the plan is approved, may authorize
the work to proceed if the owner deposits with the Borough Treasurer,
in trust, the amount of money estimated to be necessary and approved
for the completion of the work. The owner may consent to its appropriation
by the Borough for the purpose of the improvement. If the ultimate
cost of the improvement is more than the amount deposited, the Borough
Council shall notify the owner and collect the same from him. No service
shall be given until full payment is made. Upon completion of the
improvement, unless a consent has been given to the Borough's appropriating
the deposit, the owner shall authorize the transfer of the trust fund
to the Borough absolutely to reimburse the Borough for the expense
incurred. If consent to the Borough's appropriating the deposit is
not given, authorization to proceed shall be given only if the Borough
is in position to bond or if provision is made in the municipal budget
for the improvement.
[1991 Code § 227-5]
The Borough Council shall charge at prevailing rates through
the Water and Sewer Department for all service used, regardless of
the ownership of the improvement at the time of the use of the water
and sewer service.
[1991 Code § 227-6]
Upon advice upon the Borough Engineer and Superintendent of
the Sewer Department that the improvement has been completed in a
satisfactory way, the Borough Council shall acquire the improvement
with all its component parts for the benefit of the inhabitants of
the Borough. The owner shall give a bill of sale to the Borough, transferring
title to the improvement absolutely to the Borough.
