A. 
Physical improvements to the subdivision/land development tract shall be provided, constructed and installed as shown on the record plan, in accordance with the requirements of this chapter.
B. 
As a condition to review of a final plan by the Pen Argyl Borough Council, the developer shall agree with the Borough Council, public utility or municipal authority as to installations of all improvements shown on the plan and required by this chapter. Before the record plan may be endorsed by the Pen Argyl Borough Council, the developer shall submit a completed and executed original copy of the subdivision improvements agreement and performance and maintenance guarantees in the amount required by § 93-36.
C. 
All improvements installed by the developer shall be constructed in accordance with the design specifications of the Borough of Pen Argyl, public utility or municipal authority.
D. 
Inspection of the installation of those improvements required by § 93-35, shall in all cases be the responsibility of the Pen Argyl Borough Council and the Borough Engineer.
E. 
The developer shall be responsible for providing as-built plans of all stormwater management BMPs included in the approved site plan. The as-built plans and an explanation of any discrepancies with the construction plans shall be submitted to the Borough.
F. 
The as-built submission shall include a certification of completion signed by a qualified professional verifying that all permanent stormwater management BMPs have been constructed according to the approved plans and specifications. The latitude and longitude coordinates for all permanent stormwater management BMPs must also be submitted, at the central location of the BMP. If any licensed qualified professionals contributed to the construction plans, then a licensed qualified professional must sign the completion certificate.
Improvements shall be provided, constructed and installed by the developer as stated in the improvements agreement, shown on the record plan, and in accordance with the design standards set forth in Article IV of this chapter. The following improvements will be required in all applicable cases:
A. 
Street excavating, grading, subgrade preparation, base course paving and surface course paving installed according to Pen Argyl Borough specifications.
B. 
Concrete curbing of the vertical type, or stabilized shoulder and drainage swale with no curbing installed according to the Pen Argyl Borough specifications.
C. 
Concrete sidewalks or interior walkways installed according to the Pen Argyl Borough improvements specifications in connection with road construction pursuant to Subsection A or when required by § 93-24B.
D. 
Sanitary sewer system improvements installed according to the specifications of Pen Argyl Borough, the Pen Argyl Borough Sewer Authority and the Pennsylvania Department of Environmental Protection.
E. 
Water supply and distribution system improvements installed according to the specifications of the public utility and the Pennsylvania Department of Environmental Protection.
F. 
Storm drainage system improvements installed according to the Pen Argyl Borough improvements specifications.
G. 
Monuments shall be installed.
(1) 
Permanent reference monuments shall be located at each intersection of rights-of-way of street(s) constructed by the developer, at the beginning and ending of all street curves, and at exterior corners of the subdivision or land development unless an alternate arrangement is approved that still permits a surveyor to stake out accurately any building lot shown on the record plan.
(2) 
Monuments shall be made of PennDOT Class A concrete, shall be four inches by four inches square or four inches in diameter at the top, and shall taper from four inches at the top to six inches at the bottom. All monuments shall be a minimum of 30 inches in length and shall be marked with a round metal cap, rebar or drilled hole. All monuments in developed areas shall be flush with finished grade and in undeveloped areas shall be set two inches to three inches above existing grade.
(3) 
All monuments shall be placed by a registered professional engineer or surveyor so that the scored point shall coincide exactly with the point of intersection of the line being monumented.
(4) 
Monuments in sidewalks.
(a) 
Monuments shall be set with their top level with the finished grade of the surrounding ground, except:
[1] 
Monuments which are placed within the lines of existing or proposed sidewalks shall be so located (preferably beneath the sidewalks) that their tops will not be affected by lateral movement of the sidewalks; and
[2] 
Where monuments are located beneath a sidewalk, proper access shall be provided for their use.
(b) 
Where sidewalks are existing, a stone point (a four-inch square chisel cut in the sidewalk with a drill hole in center) may be substituted for a monument.
(5) 
Lot corner markers shall be provided at all lot corners. Lot corner markers shall be permanently located and shall be a No. 4 (1/2 inch) or No. 5 (5/8 inch diameter) rebar a minimum length of 30 inches. Lot corner markers shall be located in the ground flush to existing grade.
H. 
Fire hydrants installed according to the specifications of the Pen Argyl Borough improvements specifications.
I. 
Street signs installed according to Borough specifications.
A. 
Before the Pen Argyl Borough Council approves any final plan and as a prerequisite for approval, the developer shall deliver to the Pen Argyl Borough Council, public utility, or Pen Argyl Borough Sewer Authority, a performance guarantee in the amount of 110% of the cost of all improvements required by this chapter, as determined in accordance with the procedures set forth in the Municipalities Planning Code, as amended,[1] in a form and with a surety as determined in accordance with the procedures set forth in the Municipalities Planning Code, as amended, guaranteeing the construction and installation of all such improvements before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements. Upon written application signed by both the obligor and surety of the performance guarantee in a form approved by the Borough Solicitor, the Borough Council, public utility, or Pen Argyl Borough Sewer Authority may, at its discretion, extend said period by not more than three additional years. If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure. In the event of default under a performance guarantee, the proceeds of the performance guarantee received by the Borough, public utility, or Pen Argyl Borough Sewer Authority shall be used to construct and install the improvements.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Before the Pen Argyl Borough Council approves any final plan and as a prerequisite for approval, the developer shall deliver to the Borough Council, public utility, or Pen Argyl Borough Municipal Authority, a maintenance guarantee in an amount of not less than 15% of the actual cost of the installation of all improvements required by this chapter, guaranteeing acceptance of all such improvements by the Pen Argyl Borough Council, public utility, or Pen Argyl Borough Municipal Authority.
C. 
For stormwater management (SMW) site plans that involve subdivision and land development, the applicant shall provide a financial guarantee to the Borough of Pen Argyl for the timely installation and proper construction of all stormwater management controls as required by the approved SWM site plan and this chapter, in accordance with provisions of Sections 509, 510, 511 of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. §§ 10509, 10510, and 10511, respectively.
A. 
The approval of improvements and release of performance guarantee by the Pen Argyl Borough Council, public utility or Pen Argyl Borough Sewer Authority, and the inspection of the improvements shall occur in conformance with the procedures prescribed by the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
In the event that any improvements which may be required have not been installed as provided in this chapter or in accord with the approved final plan, the Pen Argyl Borough Council, public utility, or Pen Argyl Borough Sewer Authority is hereby granted the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Pen Argyl Borough Council may, at its option, install 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. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other municipal purpose.