The developer shall file as aforesaid a performance
guarantee sufficient in amount to cover the cost of all such soil
erosion and sediment control measures or uncompleted portions thereof
as required by the soil erosion and sediment control plan as estimated
by the Engineer, to assure the installation of such uncompleted soil
erosion and sediment control measures on or before the date set forth
on the approved plan. The performance guarantee may be in the form
of a performance bond, which shall be issued by a bonding or surety
company approved by the Commission; a certified check, returnable
to the developer after full compliance; or any other type of surety
approved by the Solicitor. The performance guarantee shall be approved
by the Solicitor as to form, sufficiency and execution. The performance
guarantee shall run for a period to be fixed by the Commission, but
in no case for a term of more than two years.
The Commission shall also require a maintenance
guarantee for a period not to exceed two years after final approval
by the Engineer of the soil erosion and sediment control measures
in an amount not to exceed 10% of the cost of the improvement as established
by engineer or of the permanent installation. Whenever sedimentation
is caused by stripping vegetation, regrading or other development,
it shall be the responsibility of the developer causing such sedimentation
to remove it from all adjoining surfaces, drainage systems and watercourses
and to repair any damage at his expense as quickly as possible. The
maintenance bond shall be posted prior to the acceptance of the improvement
by the Township as part of the Township-owned facility. Failure to
accept the improvement shall place upon the applicant under this chapter
an ongoing responsibility to maintain the improvements involved. No
acceptance shall occur except by written resolution approved by the
Township Council of the Township of Burlington.