Applications requiring a Class B permit shall also meet the
following requirements:
A. The Township shall, before issuing a permit, require a cash escrow
or surety bond, in a form satisfactory to the Township, 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, in the amount of the total estimated cost of all stormwater
management, erosion and sediment control measures and safeguards for
adjoining properties. A surety 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 escrows 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 escrow or bond shall obligate
the principal, his executors, administrators, successors and assigns,
jointly and severally, with the surety and shall inure to the benefit
of Upper Merion Township and its officers, employees and any person
aggrieved by the principal's failure to comply with the conditions
thereof. The principal and the surety shall, under the escrow or 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 Upper Merion Township to meet the minimum
requirements of this chapter.
B. Default.
(1)
Whenever the Township 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
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
A shall be given to the principal, and if compliance is not had within the specified time, the Township 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 bond, the Township 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 undertakes the work or to make the work
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 cost and expenses incurred by the Township.
The Township shall submit a bill for all such excess costs and expenses
to the permittee. All such 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, 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 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 Article
IV 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 Article
IV of this chapter, except for any portion thereof used pursuant to this section.