(A) Before approving any subdivision or land development plan for recording, the Borough Council shall require that the borough be assured by means of a proper development agreement and performance guarantee that the improvements required by this chapter and the improvements appearing on the plan will be installed in strict accordance with the standards and specifications of this chapter, unless: if a developer chooses to install all required improvements prior to construction of any building, in place of using performance guarantees, in which case, the borough shall as deemed necessary require the developer to have adequate insurance, hold harmless agreements and an escrow account to cover the costs of inspections.
(B) Purpose of security. The security required by this subchapter shall stand as security for compliance with all borough ordinances, other laws, covenants, stipulations, conditions and rules applicable to the subdivision or land development for which it is filed.
(C) Completion of improvements.
(1) No construction of buildings or paving or sales of any individual lot or condominium unit within a subdivision or land development shall take place in any subdivision unless applicable plans have been granted final approval and:
(a) There is on file, with the borough, a current duly executed performance bond (and security escrow agreement if necessary); and
(b) All rough grading is complete and all required public improvements, utilities, streets, drainage facilities, sewers and street lights have previously been completed and found acceptable by Borough Council based upon professional inspections.
(2) A principal building shall not be occupied unless, at an absolute minimum, it:
(a) Is safe and substantially completed in conformity to all applicable ordinances, laws and plans;
(b) Has electric and telephone service;
(c) Is served by any required water, fire hydrants and sanitary sewage service; and
(d) Has access to an existing dedicated public street via a clearly permanently passable approved street/accessway/parking court with at least a complete paving base course and any required curbing installed.
(3) In extenuating circumstances, the borough may allow the temporary occupancy of a building pending the completion of certain specific improvements within a certain specific time limit.
(Ord. passed 2-3-1992)