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.