(A) For each wind energy system application, the applicant/owner/operator shall deposit into a township escrow account the amount of $10,000. This escrow account shall be in addition to the escrow account required by § 154.312 of this chapter.
(B) The purpose of this joint escrow account is:
(1) To reimburse the township for its costs incurred to hire consultants and experts as the township, at its sole discretion, deems desirable to examine, evaluate and verify the data and statements presented by the applicant/owner/operator; and
(2) For the life of each wind energy system, to cover the administrative and legal costs incurred by the township in monitoring and enforcing the owner/operator’s ongoing compliance with this subchapter as well as any costs for administering and overseeing any WES removal and restoration costs under § 154.312 of this chapter.
(C) The account shall be managed as follows.
(1) Funds can be withdrawn from this account only by the signature of a township designee.
(2) If, at any time, the balance of this account shall fall below $5,000, the applicant/owner/ operator shall deposit an additional $5,000 into the account.
(3) If, at any time, the balance of this fund shall fall below $5,000 for a continuous period of 30 days, the application shall be considered to have been withdrawn, or the township approval for the wind energy system may be terminated.
(4) The township’s Zoning Administrator or township designee shall be charged with monitoring the escrow account and giving quarterly reports to the Planning Commission. After the wind energy system has been removed and site restoration has been completed, as defined in this subchapter, any balance remaining in this account shall be returned to the applicant/owner/operator.
(D) Prior to a change in the ownership or operation of a wind energy system, including but not limited to the sale or lease of that system or the underlying property, the current land owner or operator shall provide written notice to the township at least 60 days prior to that change becoming effective. This notice shall inform the township of the intended transfer of control of the wind energy system or the underlying property, and shall include a copy of the instrument or agreement effectuating that transfer. Such an instrument or agreement shall include an express statement that the new owner or operator of the wind energy system or the underlying property shall not be permitted to operate that system until compliance with the terms of this section, including requirements for continuing security and escrow funds, has been established.
(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)