§ 154.312 REMOVAL COST GUARANTEE.
   (A)   The cost of removal and site restoration is the full responsibility of the landowner and the applicant and/or owner/operator.
   (B)   In order to provide the greatest possible financial assurance that there will be sufficient funds to remove each wind energy system and to restore the site, the following requirements shall be fulfilled before any construction of a WES(s) by applicant begins:
      (1)   For each wind energy system, the applicant/owner/operator shall determine an amount of money equal to the estimated removal and restoration cost. The Planning Commission may require independent verification of the adequacy of this amount;
      (2)   Such removal and site restoration obligation shall be secured by the land owner and/or the applicant filing with the township for a surety bond, letter of credit, or cash deposit with language and terms acceptable to the township;
      (3)   The removal cost guarantee amount shall be valid throughout the lifetime of the system, and it shall be adjusted by the applicant/land owner every five years. The Planning Commission may require independent verification of the adequacy of this amount. Bonds and letters of credit shall be extended on a regular basis with expiration dates never less than two years from the annual anniversary of special use approval.
      (4)   Any money left in the escrow account after complete removal and site restoration of each wind energy system shall be returned by the township to the then-owner/operator.
(Ord. passed 7-12-2012, § 4.15; Ord. 19-3, passed 7-11-2019; Ord. 19-5, passed 8-8-2019; Ord. 2020-01, passed - -2020)