Borough of Glen Rock, PA FINANCIAL GUARANTEES AND MAINTENANCE RESPONSIBILITIES

[Ord. 334 (92-1), 2/5/1992, § 701]

The Borough shall required a performance bond in favor of the Borough in an amount equal to 110% of the estimated cost of all stormwater management facilities. Said bond shall be conditioned upon the faithful performance of the control measures specified on the plan within the times specified or within any extension thereof granted by the Borough. Said bond shall terminate when all control measures as shown on the approved plan are completed and approved by the Borough Engineer.

In lieu of the required bonds, the applicant may deposit funds or securities in an escrow account satisfactory to the Borough Solicitor. Funds deposited in this account for guaranteeing the construction or maintenance of control measures shall be used for these purposes only.

[Ord. 334 (92-1), 2/5/1992, § 702]

Maintenance by Single Entity. In cases where permanent control facilities are owned by a single entity (such as homeowner's association), such entity shall be responsible for maintenance. In this case, a legally binding agreement between the entity and the Borough shall be made providing for maintenance of all permanent control facilities, including the inspection of the Borough of all such facilities deemed critical to the public welfare and after each flood event.

Maintenance by Individual Lot Owners.

When stormwater management facilities are located on all individual lots, and when they are the responsibility of the landowner to maintain, a description of the facility of system and the terms of the required maintenance shall be recorded with the deed to the property.

If the Borough determines at any time that an permanent stormwater management facility has been eliminated, altered or improperly maintained, the owner of the property shall be advised of corrective measures required and give a reasonable period of time to take necessary action. If such action is not taken by the property owner, the Borough may cause the work to be done and a lien for costs may be placed against the property.

Maintenance by Borough. The Borough is authorized, where it is deemed necessary for the public welfare, to enter into contracts with persons whereby such persons will dedicate such stormwater management facilities to the Borough; provided, however, before such stormwater management facility is dedicated to the Borough and accepted by the Borough, such person shall have deposited a sum of money with the Borough sufficient, in the opinion of the Borough, to provide for the future maintenance and repair of the stormwater facility.