(a) Borough Engineer's Report. Upon authorization by Council, the Borough Engineer shall perform a final inspection of the public improvements in the plan. Within thirty days of receiving the authorization by Council, the Engineer shall file a report, in writing, with Council indicating approval or rejection of the improvements, either in whole or in part, and in the case of rejection, shall provide a statement of the reasons for such rejection. The Engineer shall promptly mail a copy of such report to the developer by certified or registered mail.
(b) Notification of Developer by Council. Council shall notify the developer, in writing, by certified mail, of its action with relation to approval or rejection of the public improvements.
(c) Failure of Borough to Comply. If Council or the Engineer fails to comply with the time limitation provisions contained in this article, all public improvements will be deemed to have been approved and the developer shall be released from all liability pursuant to the completion bond posted with the Borough.
(d) Completion of Rejected Public Improvements. If any portion of the public improvements shall not be approved or shall be rejected by Council, the developer shall proceed to make the required corrections or additions and, upon completion, the same procedure of notification, inspection and approval, as outlined in this article, shall be followed.
(e) Developer's Rights. Nothing in this article, however, shall be construed to limit the developer's right to contest or question, by legal proceedings or otherwise, any determination of Council or the Engineer.
(f) Release of Completion Bond.
(1) Upon approval of all of the public improvements in the plan, the developer shall be released from any liability pursuant to the completion bond posted to guarantee the proper installation of those improvements.
(2) From time to time, during the installation of the public improvements, the developer may request partial release of the completion bond in an amount necessary for payment of contractors performing the work. Any such request shall be in writing and shall be addressed to Council. Council shall have forty-five days from the receipt of such request to allow the Engineer to certify, in writing, that such portion of the installation of public improvements has been completed in accordance with the requirements of Title Seven and the approved final plat.
(3) Upon such certification by the Engineer, Council shall authorize release of an amount as estimated by the Engineer which fairly represents the value of the improvements completed. Council may require retention of ten percent (10%) of the estimated cost of such improvements until such time as all improvements have been installed and the completion bond is released in its entirety.
(Ord. 2748. Passed 11-17-86.)