[Ord. 2008-2, 6/9/2008]
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 Borough 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 Borough 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 monies necessary to complete the
remainder of the improvements. All the proceeds, 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.
[Ord. 2008-2, 6/9/2008]
All roads and drainage facilities shall be constructed in strict
accordance with the approved plans and no changes shall be effected
unless the same receive the written authorization of the Borough.
Notwithstanding the provisions of this Section, the Borough may require
changes during the construction stage where onsite conditions, in
the opinion of the Borough, or its duly designated representative,
indicates that the adverse effect of stormwater runoff and/or the
adverse effect to the roadbed and/or road surface may be minimized
by such changes.
[Ord. 2008-2, 6/9/2008]
The developer may offer the Borough a deed of dedication, accompanied
by a fee to cover recording costs and costs of preparing the resolution
of acceptance and recording of the same, for a street(s) in the developer’s
subdivision/land development. If the deed is found to be in proper
order and there are no violations of any provision of this Chapter,
the Borough Council, may at its sole discretion, adopt a resolution
accepting the street and, in applicable cases, drainage facility.
No street, or in applicable cases, drainage facility, shall be considered
finally accepted by the Borough until the deed has been recorded and
filed with the applicable offices for filing for Lebanon County, Pennsylvania.
Notwithstanding final acceptance of the road or drainage facility,
the developer shall remain responsible for maintenance of the same,
snow removal excepted, for a period of 18 months from the date of
final acceptance. Borough Council will accept streets for dedication
only during the period between March 1 and September 1 of each calendar
year.