Adams County
- County
- Adams County
- Citation
- 1028.P.8 (2022) [pg. 134-135 of linked PDF]
- Date of data entry
- May 23, 2024
- Source document
- View the ordinance (opens in a new tab)
Relevant text
"At the time of issuance of the Zoning Permit for the construction of the facility, the owner shall provide financial security in the form and amount acceptable to the Borough to secure its obligations under this Section.
a. The facility developer shall, at the time of application, provide the Borough with an estimate of the cost of performing the decommissioning activities required herein, together with an administrative and inflation factor of twenty-five percent (25%) to account for the cost of obtaining permits to complete said activities. The estimate may include an estimated salvage and resale value, discounted by a factor of twenty percent (20%).
The decommissioning cost estimate formula shall be:
Gross Cost of Decommissioning Activities
+ Administrative Factor of Twenty-five Percent (25%)
- Salvage and Resale Credit of Eighty Percent (80%)
= Decommissioning Cost Estimate
b. On every fifth (5th) anniversary of the date of providing the decommissioning financial security, the facility owner shall provide an updated decommissioning cost estimate, utilizing the formula set forth above, with adjustments for inflation and cost and value changes. In the decommissioning cost estimate amount changes, the facility owner shall remit the increased financial security to the Borough within thirty (30) days of the updated decommissioning cost estimate by the Borough.
c. Decommissioning cost estimates shall be subject to review and approval by the Borough, and the facility owner shall be responsible for administrative, legal, and engineering costs incurred by the Borough for such review.
d. At no time shall the financial security be an amount less than $500,000.00.
e. The financial security may be in the form of cash, letter of credit, or an investment grade corporate guarantee rated BBB-/Baa3 or better by S&P, Moody's, or AM Best, as applicable.
f. Prior to approval of any Zoning Permit for a Facility, the facility developer shall enter into a Decommissioning Agreement with the Borough outlining the responsibility of the parties with regard to the decommissioning of the facility."