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Council considers formal application, fee and bond for fence encroachments into easements and HOA open space
Summary
Multiple homeowners sought permission to place fences on HOA open space or over drainage easements. Staff recommended a formal policy: applicants reimburse engineering/legal costs, post bonds or assurances, and sign agreements assigning responsibility and indemnity to protect taxpayers.
Council addressed several requests from homeowners to extend or install fences on HOA common ground or over drainage easements and discussed how to handle preemptive requests versus after‑the‑fact encroachments. Staff described one case where a homeowner asked to extend a fence onto HOA common ground that is also over a drainage easement; staff said the HOA’s declarations had expired in some areas and that the HOA board indicated conditional acceptance.
Council members expressed concern about the borough becoming responsible for maintenance or future repair if fences occupy easements, noting the borough needs unobstructed access for stormwater maintenance and emergency repairs. Council debated whether to allow pre‑approval under a formal process that would require an application fee, reimbursement of engineering and legal review costs, and a bond or escrow to cover removal or replacement costs should the borough need to access the easement.
Staff suggested the application process should include a field inspection and a report with recommendations; council generally supported charging applicants for that review and requiring an agreement that assigns responsibility and indemnifies the borough. Several councilors said they would be reluctant to approve retroactive encroachments without clear HOA authorization or recorded approvals. Staff will draft a policy and fee schedule, including recommended minimum bond or escrow amounts, and return to council for consideration.
