Bedford Township, Bedford County

"a. Before a permit may be approved and/or issued to an PSES Owner and/or Operator, the said Facility Owner and/or Operator must submit to the Township financial security (which shall be in addition to any other financial security required pursuant to the Township's Subdivision and Land Development Ordinance) which shall be deposited with the Township in an amount sufficient to cover the costs of decommissioning all improvements or common amenities including, but not limited to, the solar panels and any base and footing, storm water detention and/or retention basins and other related drainage facilities, and electrical apparatus and restoration of the land to its original condition including forestry plantings of the same type and density as the original. 1. Such financial security shall be in the form of a bond, acceptable in form to the Township's Solicitor, posted with a bonding company chosen by the party posting the financial security, provided said bonding company is authorized to conduct such business with the Commonwealth. [a.] Such bond shall provide for and secure to the public the decommissioning of any improvements. [b.] The amount of the bond to be posted for the decommissioning of any improvements shall be equal to One Hundred and Ten (110%) Percent of the estimated cost. The Township may adjust the required amount of the bond by Resolution every three (3) years. Subsequent to said adjustment, the Township may require the PSES Owner and/or Operator to post additional security in the form of an increased bond in order to assure that the financial security equals said One Hundred Ten (110%) Percent. Any additional security shall be posted by the PSES Owner and/or Operator in accordance with this subsection. [c.] The amount of financial security required shall be based upon an estimate of the cost of decommissioning of any improvements, submitted by the PSES Owner and/or Operator and prepared by a professional engineer licensed as such in this Commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the municipal engineer, may refuse to accept such estimate for good cause shown. If the PSES Owner and/or Operator and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this Commonwealth and chosen mutually by the Township and the PSES Owner and/or Operator. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township and the PSES Owner and/or Operator. [d.] As the work of decommissioning of any improvements proceeds, the party posting the bond may request the governing body to release, or authorize the release, from time to time, such portions of the bond(s) necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors and the Board of Supervisors shall request the Township engineer to certify, in writing, to the Board of Supervisors that such portion of the decommissioning of any improvements has been completed. Upon such certification, the Board of Supervisors shall authorize release by the bonding company of an amount as estimated by the Township engineer fairly representing the value of the decommissioning of any improvements. ... [g.] The Board of Supervisors shall notify the PSES Owner and/or Operator as to the Township Engineer's acceptance or rejection of the decommissioning. If the decommissioning is acceptable, the Township shall release the bond. If the decommissioning is not acceptable, the PSES Owner and/or Operator shall, within thirty (30) days of notice by the Township of the deficiencies, correct the same and in the event the said deficiencies are not so corrected within the said time period, or in the event the decommissioning is not commenced, the Township may utilize the bond to accomplish the same as set forth herein. b. In the event that any decommissioning of improvements which are required have not been completed as provided in this ordinance and permit, the Board of Supervisors of the Township is hereby granted the power to enforce any corporate bond by appropriate legal and equitable remedies. If proceeds of such bond are insufficient to pay the cost of decommissioning of improvements covered by said security, the Board of Supervisors of the Township may, at its option, proceed with of decommissioning of all improvements and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements. c. The PSES Owner and/or Operator shall reimburse the Township for the reasonable and necessary expenses incurred for the inspection of decommissioning of improvements, including review of any plans, documents, or materials by the Township's engineer and/or Solicitor in connection therewith. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Township engineer or consultant for work performed for similar services performed for the Township, as well as any attorney's fees incurred by the Township in connection therewith."