(A) Maintenance agreement required.
(1) All applicants proposing any subdivision or land development which provides for the dedication of improvements required by this chapter or any improvements or amenities which appear on the plan shall be required to enter into a legally binding maintenance agreement with the borough prior to acceptance of dedication by the borough.
(2) The dedication of any improvement shall not be accepted by the borough prior to the execution of a maintenance agreement and the delivery of the maintenance guarantee.
(B) Terms of maintenance agreement. The maintenance agreement shall be in the manner and form approved by the Borough Solicitor, and shall include all of the following:
(1) The applicant make any repair or reconstruction of any improvement stipulated in the maintenance agreement which is specified by the Borough Council if needed because of faulty construction, workmanship or materials, prior to acceptance of such improvement by the borough;
(2) The applicant maintain at his or her own cost all improvements stipulated in the maintenance agreement, up to a maximum period of 18 months from the date of acceptance or dedication by the borough, except for any special purpose escrow or maintenance agreements required by the borough;
(3) The applicant post 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 maximum term of 18 months from the date of acceptance of dedication; and
(4) The developer plow snow and maintain all streets until such time as the borough may accept such streets.
(C) Public utilities and authorities.
(1) If water mains or sanitary sewer lines, or both and related apparatus or facilities are to be installed under the jurisdiction and under the rules and regulations of a public utility or municipal authority, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority.
(2) This amount of financial security shall not also be required by the borough if it is required by such utility or authority.
(Ord. passed 2-3-1992)