New Milford Borough, Susquehanna County

"1. Time Limit - The solar power facility owner and operator shall, at its own expense, complete decommissioning of the solar power facility, or individual components, within twelve (12) months after the end of the useful life of the solar power facility or individual components. ..." "4. Professional Engineer - An independent and certified Professional Engineer shall be retained to estimate the total cost of decommissioning (decommissioning costs) without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment (net decommissioning costs). Said estimates shall be submitted to the Borough after the first year of operation and every fifth year thereafter. 5. Financial Security Bond - The solar power facility owner or operator shall provide financial security to the Borough as obligee, in an amount approved by the Zoning Hearing Board, but not less than $50,000, from a company and in a form and content acceptable to the Borough, to insure the decommissioning within one hundred eighty (180) days of the expiration of the license or lease and/or cessation of use. The bond shall remain in place for as long as the facilities exist at the site. 6. Funds - Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Borough. 7. Landowner Responsibility - If the solar power facility owner or operator fails to complete the decommissioning within the prescribed time period, then the landowner shall have one hundred eighty (180) days to complete decommissioning. 8. Borough Intervention - If neither the solar power facility owner or operator, nor the landowner complete decommissioning within the prescribed periods, then the Borough may take such measures as necessary to complete decommissioning. The entry into the record and submission of evidence of a participating landowner agreement to the Borough shall constitute agreement and consent of the parties to the agreement, and their respective heirs, successors and assigns that the Borough shall have the right, but not the obligation, to take such action as necessary to implement the decommissioning plan. 9. Release of Decommissioning Funds - The decommissioning funds shall be released when the solar power facility owner or operator has demonstrated and the Borough concurs that decommissioning has been satisfactorily completed, or upon written approval of the Borough in order to implement the decommissioning plan."