(A) Enforcement of security.
(1) (a) Generally. The township shall have the authority to use remedies to effect completion of required improvements as provided in § 511 of the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10511. In addition, the township may pursue civil prosecution of a violation of this chapter.
(b) Construction without inspection. If required improvements have been completed without providing the Township Engineer or his or her representatives with proper opportunity for inspection, and as a result the Township Engineer cannot determine whether the improvements were properly constructed, then the Board of Supervisors may require that the developer, at the developer’s expense, remove, replace, sample, test or reconstruct such improvements as necessary to determine compliance with this chapter and other applicable township standards.
(2) Rate of construction. Failure of a developer to construct streets and other public improvements reasonably at the same time or prior to the construction of the buildings served by those streets or public improvements, and at the same rate in time at which buildings are completed, shall be a violation of this chapter and a cause for default of the security.
(B) Completion by township. If the proceeds of such security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Board of Supervisors may, at its option, install or replace 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.
(C) Proceeds for installation of improvements. The proceeds from use of the security and/or from any legal or equitable action brought against the developer shall be used solely for the installation of the improvements covered by such security and directly related administrative costs.
(Ord. 127, passed 3-18-2010) Penalty, see § 154.999