Prior to the signing and recording of final major subdivision plats and as a condition of final site plan approval in the case of a site plan, the developer shall enter into the agreement with the Governing Body if so required by the Borough Agency. This agreement shall be of a form that is acceptable to the Borough Attorney and one in which the developer agrees to abide by the terms and condition of approval, construct the required improvements in accordance with the approved plans, agree to maintain the constructed improvements including but not limited to, payment of street lighting charges, snow removal, maintenance of storm drainage, sewer and water facilities. The developer also shall agree that in the event the improvements are not maintained, the Borough can utilize the cash portions of the performance guarantees to immediately attend to items presenting a safety hazard.

The developer shall reimburse the Borough for the cost and expense of the developer's agreement and filing of the developer's agreement with the County Clerk in accordance with the applicable professional contract, prior to execution of same.