1292.03 RELEASE FROM PERFORMANCE GUARANTEE.
   (a)   When the applicant has completed all of the necessary and appropriate improvements, the applicant shall notify the Borough, in writing, by certified or registered mail, of the completion of the aforesaid improvements, and shall send a copy thereof to the Borough Engineer. The Borough Manager shall, within ten days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforementioned improvements. The Borough Engineer shall thereupon file a written report with the Borough Manager, and shall promptly mail a copy of the same to the applicant by certified mail. The report shall be made and mailed within 30 days after receipt by the Borough Engineer of the aforesaid authorization from the Borough Manager; the report shall be detailed and shall indicate approval or rejection of improvements, either in whole or in part. If the improvements, or any portion thereof, shall not be approved or shall be rejected by the Borough Engineer, the report shall contain a statement of reasons for such nonapproval or rejection, either in whole or in part.
   (b)   Approval of improvements shall not be given until all construction debris has been disposed of through appropriate measures. No such debris shall be buried, burned, or otherwise disposed of on the site, except in compliance with properly issued regulatory permits.
   (c)   Borough Council shall, within 15 days of receipt of the Borough Engineer's report prepared under division (a), above, notify the applicant by certified or registered mail of the action of Borough Council with regard to approval, nonapproval, or rejection of improvements.
   (d)   If any portion of the improvements shall not be approved or shall be rejected by Borough Council, the applicant shall proceed to complete those improvements and, upon completion, the same procedure of notification as outlined herein shall be followed.
   (e)   The applicant shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and are accepted by the Borough. In addition, 15% of a performance guarantee (as adjusted) shall be held back by the Borough until the applicant has posted a maintenance guarantee, as provided for in Section 1292.06, and as-built plans are verified and accepted by the Borough.
   (f)   Partial releases of the performance guarantee during the period of construction shall be authorized as per Section 1286.13(g).
(Ord. 961, § 703. Passed 8-13-01.)