Fannett Township, Franklin County

"b. ...If the owner fails to dismantle and/or remove the PSES within the established timeframes, the Township may complete the decommissioning by drawing on the financial security described in subsection c. below. If the financial security funds are insufficient to dismantle and remove the PSES as described above, then the legal record owner of the property and the PSES owner/operator shall both be liable for any shortfall. This liability shall be joint and several liability. The Township shall have the right to place a lien on the property for any additional costs in excess of the financial security. Access roads and landscaping may remain in place if so desired by the property owner and such desire is expressed in writing to the Township. c. At the time of issuance of the Land Use Permit for the construction of the PSES, the owner shall provide financial security in a form and amount acceptable to the Township to secure the expense of dismantling and removing said PSES and restoration of the land to its original condition, including forestry plantings of the same type/variety and density as the original. The amount of said financial security shall be determined by the Township Engineer. The PSES Developer shall, at the time of application, provide the municipality with an estimate of the cost of performing the decommissioning activities required herein, prepared by an engineer licensed in the Commonwealth of Pennsylvania, together with an administrative and inflation factor of 25% to account for the cost of obtaining permits to complete said activities. The estimate shall not include an estimated salvage and resale value. The estimate shall indicate the anticipated life of the PSES. The decommissioning cost estimate formula shall be: Gross Cost of decommissioning activities + Administrative Factor of 25% = the decommissioning cost estimate. The Township Engineer shall then review said estimate and recommend for approval to the Board of Supervisors the final amount of financial security taking into account said estimate and other factors. The PSES Developer/ Owner shall be responsible for administrative, legal, and engineering costs incurred by the municipality for such review. In addition, five (5) years after the date of the initial deposit of said financial security, and every five (5) years thereafter, the Township Engineer shall review the financial security to determine if said security needs to be increased or decreased. If a change in the amount of the financial security needs to be made, the owner/operator shall provide financial security in the amount required within thirty (30) days of the approval of the updated decommissioning security estimate by the Township. d. The decommissioning security may be in the form of cash, letter of credit, or bond."