§ 22-503. Approval of Improvements and Release of Performance Guarantee by the Township Council.
   1.   When the developer has installed or constructed all required improvements as set forth in § 22-501, the developer shall notify the Township Council, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Township Council shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall, thereupon, file a report, in writing, with the Township 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 Township Engineer of the aforesaid authorization from the Township Council; said report shall be detailed and shall recommend approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be recommended for approval by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
   2.   The Township Council shall notify the developer, in writing, by certified or registered mail, of its action with relation thereto.
   3.   If the Township Council or the Township 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 guarantee.
   4.   If any portion of the said improvements shall not be approved or shall be rejected by the Township 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 Township Council or the Township Engineer.
   6.   In the event that any improvements which may be required have not been installed as provided in this Chapter or in accord with the Final Plan, the Township 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 installation or of making repairs or corrections to all the improvements covered by said security, the Township 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 monies 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 Township purpose.
(Ord. 52, Art. S-530, 3/8/78)