A. 
Requirements and conditions. The Township Engineer shall, before issuing a permit, require a cash bond or corporate bond, in a form satisfactory to him and approved by the Township Solicitor, conditioned upon the faithful performance of the stormwater management and erosion control measures and other conditions specified in the permit within the time specified, or within any extension thereof granted by the Township Engineer, in the amount of the total estimated cost of all stormwater management, erosion and sediment control measures and safeguards for adjoining properties. A corporate bond shall be maintained and renewed annually and shall be executed by a surety or guaranty company qualified to transact business in the commonwealth. Cash bonds shall be deposited with the Township Treasurer, who shall give his receipt therefor, reciting that the cash has been deposited in compliance with and subject to the provisions of this section. The bond shall obligate the principal, his executors, administrators, successors and assigns, jointly and severally with the surety and shall inure to the benefit of the Township of Lower Merion and its officers and employees, and to any person aggrieved by the principal's failure to comply with the conditions thereof. The principal and the surety shall under the bond continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses or liabilities which may be incurred or expended by the Township of Lower Merion to meet the minimum requirements of this chapter.
[Amended 6-15-1988 by Ord. No. 3098]
B. 
Default.
(1) 
Whenever the Township Engineer shall find that a default has occurred in the performance of any term or condition of the permit or bond, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Township Engineer to be reasonably necessary for the completion of such work.
(2) 
If a cash bond has been posted, notice of default as provided by the preceding Subsection B(1) shall be given to the principal, and if compliance is not had within the time specified, the Township Engineer shall proceed, without delay and without further notice or proceedings whatsoever, to use the cash deposited or any portion of such deposit to cause the required work to be done by contract or otherwise, in the discretion of the Township Engineer.
(3) 
In the event of any default in the performance of any term or condition of the permit or the bond, the Township of Lower Merion or the surety, or any person employed or engaged on his behalf, shall have the right to go upon the site to complete the required work or make it safe. In the event that the Township of Lower Merion undertakes the work or to make the site safe with the funds from the forfeited cash or corporate bond, such funds shall be used to pay the cost of contracting, including engineering and administration, for restoration of the site to meet the requirements of the permit. If the cost of the work or making it safe exceeds the amount of the cash or corporate bond, the permittee shall continue to be firmly bound under a continuing obligation for payment of all excess costs and expenses incurred by the Township of Lower Merion. The Township Engineer shall submit a bill for all such excess costs and expenses to the permittee. All such excess costs and expenses incurred by the Township shall be a personal obligation of the permittee and shall be a lien upon the premises, and whenever a bill therefor remains unpaid for a period of 60 days after it has been rendered by the Township Engineer, the Township Solicitor shall file a municipal claim or an action of assumpsit for such costs and expenses in the manner provided by law for the collection of debts and municipal claims.
C. 
Access. No person shall interfere with or obstruct the ingress or egress to or from any such site or premises by an authorized representative or agent of any surety or of the Township of Lower Merion engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof.
D. 
Return of bond. A corporate bond shall remain in full force and effect until completion of the work in accordance with § 121-21 of this chapter. A cash bond shall be returned to the depositor or his successors or assigns upon the completion of the work in accordance with § 121-21 of this chapter, except for any portion thereof used pursuant to Subsection B of this section.
[Amended 11-17-1999 by Ord. No. 3546]
If, in the opinion of the Township Engineer, the nature of the work is such that it may create a hazard to human life or endanger adjoining property at a higher or lower elevation or any street or street improvement or any other public property, then the Township Engineer may, before issuing the permit, require that the applicant for a permit file a certificate of insurance showing that he is insured against claims for damages for personal injury and property damage in an amount not less than $50,000, including damage to the Township of Lower Merion by deposit or washing of material onto municipal streets or other public improvements, which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or any person directly or indirectly employed by or for him; and the amount of such insurance shall be prescribed by the Township Engineer in accordance with the nature of the risks involved. Such insurance shall be written by a company licensed to do business in the Commonwealth and approved by the Township of Lower Merion. Neither issuance of a permit nor compliance with the provisions hereof or any condition imposed by the Township Engineer shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law or impose any liability upon the Township of Lower Merion or its officers and employees for damages to persons or property.