(A) A bond or irrevocable letter of credit is required as a guarantee that either upon termination of the permit or of the operation, the ground surface of the land used shall be restored in conformity with the reclamation plan filed with the mining, extraction, or excavation application as outlined in § 113.10.
(B) The bond or irrevocable letter of credit shall be filed with the City Administrator and a copy shall be given to the office of the Zoning Administrator and shall be in such form as the City Commission shall prescribe payable to the city in the amount set by the City Commission.
(C) The landowner or operator shall annually furnish proof to the office of the City Zoning Administrator that the bond has been renewed. Failure to renew the bond shall result in immediate cancellation of the conditional use permit.
(D) Upon termination of a mining, extraction, or excavation conditional use permit or of the operation itself and no effort has been made by the owners or operators to reclaim the ground surface of the land based upon the reclamation plan provided under § 113.10, the bond or irrevocable letter of credit shall be used to cover all costs of enforcement of the terms of the reclamation plan, including but not limited to attorney fees and other associated costs.
(E) Upon completed restoration in accordance with the reclamation plan and certified by the Zoning Administrator, the performance bond or irrevocable letter of credit shall be returned to the applicant.
(Ord. 102, passed 10-24-2007)