[Ord. No. 1974-1, 2/18/1974]
1.
Before Borough Council shall cause its approval to be endorsed upon
the final plans of any subdivision or land development and as a requirement
for the approval thereof, the owners shall enter into a written agreement
with the Borough in the manner and form set forth by the Borough Solicitor
where they shall agree:
A.
To construct or cause to be constructed, at the owner's expense,
all streets, curbs, sidewalks, parks, fire hydrants, streetlights,
drainage facilities, street signs, monuments, and other improvements
shown on the final plan when required to do so by Borough Council
in accordance with the final plans, as finally approved, and in strict
accordance with the standards and specifications of the Borough.
B.
To maintain at his own cost all streets, curbs, sidewalks, drainage
facilities, street signs, parks, monuments, fire hydrants, streetlights,
and other improvements, until the same are accepted or condemned by
the Borough for public use, and for a period of two years thereafter
to repair and reconstruct the same or any part or one of them when
such repair or reconstruction shall be specified by Borough Council
as necessary by reason of faulty construction, workmanship or materials,
and at or before acceptance of such improvements by the Borough.
C.
To install, or cause to be installed, at his own expense and without
any cost to the Borough for any part of such installation, streetlighting
facilities on all streets within and abutting the subdivision.
D.
To pay costs, charges or rates of the utility furnishing electric
service for the lighting of the streets on or abutting said subdivision,
from the lights installed by the owner, until such time as the streets
shown on the subdivision plans shall be accepted as public streets
of the Borough by ordinance or condemnation proceedings, and to indemnify
and save harmless the Borough from and against all suits, actions,
claims and demands for electric service to the streets shown on said
plans, or any part thereof to the time that the said streets shall
be accepted as public streets of the Borough in the manner hereinabove
set forth.
F.
To obtain the easements and releases required when any street, drainage
facility or other improvement wherein a subdivision abuts or traverses
lands of persons other than the person holding legal title to the
lands of the subdivision at his own cost, and obtain from the owner
of the lands so abutted or traversed full releases from all damages
which may change in grade, construction, or otherwise, of the street,
drainage facility or other improvement, and such releases shall inure
to the benefit not only of the owner of the subdivision but to the
Borough as well.
[Ord. No. 1974-1, 2/18/1974]
1.
In order to assure the Borough that the streets, drainage facilities,
curbs, sidewalks, street signs, fire hydrants, streetlighting facilities,
monuments, parks, and any other improvements shown on the final plans,
which Borough Council shall require the owner to install, at his own
expense, will be constructed and installed in strict accordance with
the plans, as finally approved, and with the standards, regulations
and specifications of the Borough, and will be maintained until accepted
or condemned by the Borough, the owner shall furnish to the Borough
a bond with such surety as Borough Council shall approve, or, in lieu
thereof, when deemed adequate by Borough Council, shall deposit with
the Borough securities, in either case in an amount sufficient to
cover cost, as estimated by the Borough Engineer or Borough Council,
of the construction and installation of the aforesaid improvements,
and of lighting the streets, until the same shall be accepted by the
Borough.
2.
In lieu of posting bond or depositing securities as above provided,
the owner may elect, with the consent of Borough Council, to deposit
with the Borough funds in an equivalent amount to be held in escrow
in accordance with the terms of a written escrow agreement prepared
by the Borough Solicitor which shall be entered into by the owner,
the Borough, and the escrow agent, if any. Such escrow agreement shall
provide that, as the work of constructing the required public improvements
progresses, the Borough or escrow agent holding said funds will release
and refund to the order of the owner from the funds deposited sums
equivalent to the estimated value of work completed less a 10% retainer,
upon delivery of a certificate of completion signed by the owner,
the subcontractor performing the work, the Borough Engineer, and the
Borough Manager, otherwise said funds to be held by the Borough or
escrow agent to the benefit and use of the Borough in the event the
owner fails or neglects to perform the terms provided for under § 700
hereof.
3.
After the owner shall have completed all of the improvements required by said escrow agreement and has received the final payment provided under the aforementioned escrow agreement and after Borough Council shall have accepted the streets, facilities and other improvements as public streets, public facilities and public improvements in the manner provided in Part 4, § 414, hereof, the 10% remaining in the fund shall serve to guarantee the maintenance, repair, or reconstruction of the same improvements by the owner for a period of two years thereafter, required, under the provisions of § 700, Subsection 1B, and § 701, Subsection 4B, hereof, and said remaining fund will, upon faithful compliance with those provisions, be released and refunded to the owner upon the signatures of the President of Borough Council and Borough Manager. Nothing herein contained shall prevent the owner from substituting a maintenance bond and, in such case, the 10% remaining in the fund shall be released and refunded at the same time the maintenance bond is accepted by the Borough.
4.
The improvement guaranty, whether in the form of bond or escrow deposit,
shall be conditioned upon:
A.
The owner constructing and installing, or causing to be constructed
or installed, in strict accordance with the final plans, as finally
approved, and with the Borough standards and specifications, the streets,
drainage facilities, curbs, sidewalks, street signs, lighting facilities,
monuments, parks, and such other improvements, shown on said plans,
as Borough Council may require the owner to construct or install.
B.
The owner maintaining at his own cost the said streets, curbs, drainage
facilities, sidewalks, street signs, parks, monuments, and other improvements,
until the same are accepted or condemned by the Borough for public
use and for a period of two years thereafter repairing and reconstructing
the same or any part of one of them when such repair or reconstruction
shall be specified as necessary, by reason of faulty construction,
by Borough Council.
C.
The payment by the owner of the cost of lighting the streets in the
subdivision until such time as the same are accepted as Borough streets
by resolution of the Council or by condemnation proceedings.
D.
The payment of all fees required by this chapter.
E.
The faithful performance by the owner of the contract provided for
in this chapter.
