Council weighs bond/escrow approach for after-the-fact easement encroachments

Council spent an extended discussion period on an encroachment into a storm/sewer easement on Broomfield Drive and on broader policy options for handling after-the-fact encroachments.

Staff described the property's built features (retaining wall, fire pit, fence and fill in an easement) and said the buyer has not closed yet. Several council members proposed a cash bond or escrow as a condition of closing so funds would be immediately available if the borough needed to remove obstructions. Suggested numbers ranged from $1,500 for simple removal up to $5,000 as a carrot approach, and several members proposed a much higher cap (one suggestion was $12,000) to create stronger deterrence. A 90-day cure period was frequently discussed: the owner would post escrow and have 90 days to remove the encroaching features or the borough would use the bond to remediate.

Council discussed enforcement alternatives including recorded encroachment agreements (which would run with the land), administrative fines (the transcript referenced $500/day as a zoning enforcement figure), and pursuing costs by lien or civil enforcement if remediation exceeded escrow. Several council members recommended consulting an engineer for a remediation estimate before fixing a standard bond figure.

No final numeric policy was adopted. Council directed staff to prepare a draft easement-encroachment agreement and return in two weeks with a recommended bond/escrow amount and procedural language for conditioning closings on escrow where appropriate.