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.
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.
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.
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.
Recording the final plan after approval of the
Borough Council has the effect of an irrevocable offer to:
A. Dedicate all streets and other public ways to public
use.
B. Dedicate all public areas to public use.
C. Reserve for possible future public acquisition such
additional areas as may be required by the Borough.
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 accordance 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 §
205-47 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. 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.