Sparta Township City Zoning Code

WIND ENERGY

SYSTEMS WES

§ 154.305 PURPOSE.

The purpose of this subchapter is to establish standards and procedures by which the installation and operation of a wind energy system shall be regulated within the township, in order to promote the safe, effective and efficient use of wind energy.

(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)

§ 154.306 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AMBIENT SOUND. The all-encompassing sound associated with a given environment, being usually a composite of sound from many sources near and far, as defined by ANSI S12.9 Part 3.

APPLICANT. The person, firm, corporation, trust, association, company, limited liability corporation, or other entity that applies for township approval under this subchapter, as well as the applicant’s successor(s), assign(s) and/or transferee(s) to any approved WES. An APPLICANT must have the legal authority to represent and bind the landowner or lessee who will construct, own and operate the WES. The obligations regarding a zoning approval for any approved WES shall be with the landowner and the owner of the WES and jointly and severally with the owner and operator or lessee of the WES if different than the landowner.

INHABITED STRUCTURE. A building or group of buildings occupied on a temporary or permanent basis including, but not limited to, residential dwellings, hospitals, motels, hotels, bed and breakfast, homeless shelters, transitional housing and adult foster care facilities.

INTERCONNECTED WES. A WES that is electrically connected to the local electrical power utility system and can provide power to the local electrical power utility system.

NACELLE. In a wind turbine, the nacelle refers to the structure that houses all of the generating components, gearbox, drive train and other components.

NON-PARTICIPATING PARCEL. A parcel which is not under lease or other property agreement with the owner/operator of a WES.

ON-SITE USE WIND ENERGY SYSTEM. A WES the purpose of which is to provide energy to only the property where the structure is located, or to adjacent properties under the same ownership or control as the property where the structure is located, or by the mutual consent of the owners of adjacent properties.

PARTICIPATING PARCEL. A parcel which is under lease or other property agreement with the owner/operator of a WES.

ROTOR. An element of a wind energy system that acts as a multi-bladed airfoil assembly, thereby extracting through rotation, kinetic energy directly from the wind.

SHADOW FLICKER. Alternating changes in light intensity caused by the moving blade of a WES casting shadows on the ground and stationary objects such as dwellings.

SINGLE WES FOR COMMERCIAL PURPOSES. A single WES placed upon a parcel or parcels with the intent to sell or provide electricity to a site or location other than the premises upon which the WES is located. The WES may or may not be owned by the owner of the property upon which the WES is placed.

SOUND PRESSURE LEVEL. Twenty times the logarithm to the base 10, of the ratio of the root-mean-square sound pressure to the reference pressure of twenty micropascels, expressed as decibels (dB). Note that, unless expressed with reference to a specific weighing network (such as dBA), the unit dB shall refer to an un-weighted measurement.

STRUCTURE-MOUNTED WES. A WES mounted or attached to an existing structure or building.

UTILITY GRID WIND ENERGY SYSTEMS. A WES designed and constructed to provide electricity to the electric utility grid.

WES HEIGHT. The distance from the ground at normal grade to the highest point of the tip of a rotor blade when the blade is in full vertical position.

WES SETBACK. The distance from the edge of the base of the tower or structure upon which the WES is mounted to the nearest lot line. In the case of multiple parcels utilized for multiple or single WES, the SETBACKS shall be taken from the outside boundary of the parcels utilized for the WES project.

WIND ENERGY SYSTEM (WES).

(1) Any combination of the following:

(a) A mill or machine operated by wind acting on oblique vanes or sails that radiate from a horizontal shaft;

(b) A surface area such as a blade, rotor or similar device, either variable or fixed, for utilizing the wind for electrical or mechanical power;

(c) A shaft, gearing, belt or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator or other electricity-producing device;

(d) The generator, alternator or other device to convert the mechanical energy of the surface area into electrical energy; and

(e) The tower, pylon or other structure upon which any, all or some combination of the above are mounted.

(2) Notwithstanding the above, a windmill traditionally used only to pump water shall not be considered a WIND ENERGY SYSTEM.

WIND FARM. Clusters or arrangements of two or more WES placed upon a lot or parcel (or upon two or more lots or parcels where used together) with the intent to sell or provide electricity to a site or location other than the premises upon which the WES are located. The WES may or may not be owned by the owner of the property upon which the WES is placed.

(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)

§ 154.307 WES ALLOWED AS PERMITTED USE.

Any on-site use wind energy system (including a structure mounted WES) that is 65 feet or less in total height shall be a permitted use in all zoning districts, subject to all of the following.

(A) The height of the WES with the blade in vertical position shall not exceed 65 feet.

(B) The WES shall be set back from all lot lines a distance that is at least equal to one and one-half times the height of the WES as measured from the lot line to the base of the tower and no portion of the WES (including the guy wire anchors) shall be located within or above the required front, side or rear yard setback.

(C) (1) A structure mounted WES shall have a distance from the nearest property line that is at least equal to 1.1 times the height of the WES as measured from the point of attachment to the structure or building to the top of the WES with the blade in the vertical position.

(2) The blade arcs created by a WES mounted on an existing structure shall have a minimum clearance of eight feet or be designed so that the blade or other moving parts do not present a safety hazard.

(D) (1) A permit shall be required to be obtained from the township to construct and operate an on-site use WES 65 feet or less in total height. A permit shall be issued after an inspection of the WES by the township or an authorized agent of the township, and where the inspection finds that the WES complies with this chapter and also all applicable state construction and electrical codes, local building permit requirements and all manufacturers’ installation instructions.

(2) The WES shall not be operated nor remain on the property unless a permit has been issued. A copy of the manufacturer’s installation instructions and blueprints shall be provided to the township.

(E) An on-site use WES may provide electrical power to more than one dwelling unit; provided that, the dwelling units are located on property or properties that are adjacent to the property or properties on which the WES is located.

(F) Sound levels shall be verified by the manufacturer at the time of application. The documentation must support that the sound level will not exceed 43 dBA Leq measured at the property line of the parcel containing the WES.

(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)

§ 154.308 WES THAT REQUIRE SPECIAL USE APPROVAL.

Any WES (including a structure mounted WES) that is taller than 65 feet in height, wind farms, single WES for commercial purposes and utility grid wind energy systems may be allowed as a special use only within the Ag-1, Ag-2, C-1, C-2, C/1, I-1 and I-2 Zoning Districts subject to all of the following regulations and requirements of this section and also the general special use review procedures and standards of §§ 154.185 through 154.194 of this chapter.

(A) Site plan requirements. For those WES for which a special use is required, the following items shall be included with or on the site plan:

(1) All requirements for a site plan contained in §§ 154.160 through 154.171 of this chapter, including the area and dimensions of the area to be purchased or leased for the WES;

(2) Digital versions of all planning and construction documents required pursuant to § 154.160 of this chapter. Digital submittals are in addition to paper plans and do not replace any current submission requirements. Digital versions shall be submitted in PDF (Adobe Acrobat/Portable Document File) format;

(3) A decommissioning plan as required by § 154.310 of this chapter;

(4) A location map of the proposed WES sufficient to show the character of the area surrounding the proposed WES;

(5) Location and height of all existing and proposed buildings, structures, boundary lines, electrical lines, towers, guy wires, guy wire anchors, security fencing and any other above-ground structures proposed or existing for the parcel or parcels containing the WES;

(6) Distances from the WES structures to all other buildings, structures, boundary lines and above ground utilities on the parcel or parcels upon which the WES is proposed to be located;

(7) Distance from the proposed WES to the nearest occupied dwelling unit on a parcel which does not contain the WES;

(8) Location of all existing overhead and underground electrical transmission or distribution lines, located on the lot or parcel(s) upon which the WES or is proposed to be located, as well as within 300 feet of the boundaries of the parcel(s). The applicant shall also provide evidence to the township that easements have been obtained from the property owners for the construction of the transmission and distribution lines. The applicant shall also provide as-built drawings to the township of all electrical transmission lines constructed to serve the WES;

(9) Location, height and type of all buildings and structures within one mile of the exterior boundaries of the lot or parcel where the WES is proposed to be located;

(10) Contour elevations of at ten-foot intervals of the parcel(s) upon which the WES is proposed to be located;

(11) Land uses within one mile of the parcel(s) containing the WES;

(12) A description of the routes to be used by construction and delivery vehicles and of any road improvements that will be necessary in the township to accommodate construction vehicles, equipment or other deliveries;

(13) Access drives to the WES, including dimensions and composition, with a narrative describing proposed maintenance of the drives;

(14) All lighting proposed for the site, including diagrams of lighting fixtures proposed if requested by the Planning Commission;

(15) Security measures proposed to prevent unauthorized trespass and access;

(16) Standard drawings of the structural components of the WES, including structures, towers, bases and footings. A registered engineer shall certify drawings and any necessary calculations that show that the system complies with all applicable local, state and federal building, structural and electrical codes;

(17) The applicant shall provide elevation drawings, detailed computer and/or photographic simulations and other models and visual aids showing the wind energy system with all related facilities as they will appear on the proposed site from vantage points north, south, east and west of the project at points one mile from the site and at three miles from the site;

(18) Maintenance and construction schedule. The applicant shall provide a written description of the maintenance program to be used to maintain the WES, including a schedule of types of maintenance tasks to be performed and the anticipated construction schedule;

(19) Additional information as required by §§ 154.185 through 154.194 of this chapter, or as may be required by the Planning Commission; and

(20) The Planning Commission may waive or modify some of the above requirements at the request of the applicant if it is determined that those items would not be needed to properly review the project.

(B) Construction standards for WES.

(1) Height. The height of a WES for which a special use is required shall not exceed 500 feet.

(2) Setbacks and separation. The following setbacks and separation requirements shall apply to all WES.

(a) Inhabited structures. On a participating parcel, each WES shall be set back from the nearest inhabited structure a distance of no less than 1,320 feet. Regarding a non-participating parcel, each WES shall be set back from the nearest inhabited structure a distance of no less than 1,640 feet. A lesser setback may be approved by the Planning Commission only with written approval from the owner of the inhabited structure.

(b) Special structures and boundaries. A WES shall be setback a minimum of 1,640 feet from a school, hospital, church, public library, city, village or adjacent township boundary.

(c) Other setbacks. Except as required by division (B)(2) above, a WES shall be set back from all property lines, road rights-of-way, gas transmission lines, railroads rights-of-way, communication and electrical lines a distance of not less than one and one-half times the WES height. For wind farms, the set back shall be measured from the property lines of non-participating parcels.

(d) Tower separation.

1. The separation of one WES from another WES shall be based on:

a. Industry standards; and

b. Manufacturer certification.

2. At a minimum, there shall be a separation between adjacent WES of not less than three times the rotor diameter of the WES. Documents shall be submitted to the township by the applicant/manufacturer confirming specifications for WES separation.

(e) Rotor or blade clearance. Blade arcs created by a WES shall have a minimum of 30 feet of clearance over, above and from any structure, adjoining property or tree.

(f) Visual appearance and lighting. The applicant shall reduce the visual impact of a WES to the extent possible, utilizing at least all of the following.

1. A WES shall be mounted on tubular towers, painted a non-reflective, white, off-white or gray color. The appearance of the WES and buildings shall be maintained throughout the life of the wind energy facility pursuant to industry standards.

2. The design of the WES’s buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend facility components with the natural setting and the existing environment.

3. A WES shall not be artificially lighted, except to the extent required by the FAA or other applicable authority, or otherwise necessary for the reasonable safety and security thereof.

4. There shall be no advertising on the WES or any of its components.

(g) Certification of compliance. The applicant shall provide certification to the township that the applicant has complied or will comply with all applicable county, state and federal laws and regulations including, but not limited to:

1. All applicable state construction and electrical codes and local building permit requirements;

2. Federal Aviation Administration requirements;

3. The state’s Airport Zoning Act, Pubic Act 23 of 1950, being M.C.L.A. Chapter 259, as amended;

4. The state’s Tall Structures Act, Public Act 259 of 1959, being M.C.L.A.

§§ 259.481 et seq. as amended;

5. The township’s Airport Overlay Zone;

6. Private landing strips in or adjacent to the township; and

7. The state’s Public Service Commission and Federal Energy Regulatory Commission if the WES is an interconnected system.

(C) Exception. A WES (except for a structure mounted WES) may be located on a lawful parcel or parcels that do not have frontage on a public or private road.

(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)

§ 154.309 OPERATING STANDARDS FOR ALL WIND ENERGY SYSTEMS.

All WES shall comply with all of the following.

(A) Sound pressure level.

(1) Noise from a wind energy system shall not exceed 43 dBA Leq over a ten-minute period measured at the property line located closest to the WES for any adjacent non-participating parcel.

(2) Utility grid systems and wind farms shall be subject to the requirements of this subsection, but the sound pressure level shall be measured at the property line closest to the WES at the outside boundary of all participating parcels.

(3) The applicant shall provide modeling and analysis that will demonstrate that the utility grid system or wind farm will not exceed the maximum permitted sound pressure requirements.

(B) Shadow flicker. The allowable shadow flicker measured at the nearest external wall or walls of inhabited structures shall be limited to a maximum of 20 hours per year. The applicant shall provide evidence to the township that this requirement will be met.

(1) A WES shall not be installed in any location where its proximity with existing fixed broadcast, retransmission or reception antennas for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception.

(2) A WES shall not be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link’s operation.

(3) The applicant shall provide evidence to the township that these requirements will be met.

(D) Minimization of disruption. The wind energy facility shall be designed to minimize disruption to farmland activity on both participating and non-participating parcels.

(E) Roads. For each wind energy system, the applicant/owner/operator, the township and the county’s Road Commission shall agree upon and document construction routes and public and private road conditions before construction begins. Any damage to a public road within the township resulting from the construction, maintenance or operation of a wind energy system shall be repaired at the applicant/owner/operator’s sole expense as may be required by the county’s Road Commission or the township.

(F) Safety.

(1) Each WES shall be equipped with both a manual and automatic braking device capable of stopping the WES operation in high winds so that the rotational speed of the rotor blade does not exceed the design limits of the rotor.

(2) To prevent unauthorized access, each WES must comply with at least one of the following provisions, and more than one if required by the Planning Commission.

(a) Tower climbing apparatus shall not be located within 12 feet of the ground.

(b) A locked anti-climb device shall be installed and maintained.

(c) A tower capable of being climbed shall be enclosed by a locked, protective fence at least ten feet high with barbed wire fence.

(d) All WES shall have lightning protection.

(e) If a tower is supported by guy wires, the wires shall be clearly visible with colored guards to height of at least ten feet above the guy wire anchors.

(f) The minimum height of the lowest position of the rotor or blade shall be at least 30 feet above the ground.

(G) Signs. Each WES shall have one sign not to exceed four square feet posted at the base of the tower or, if the structure is fenced, on the fence. The sign shall include the following information:

(1) The words “Warning: High Voltage”;

(2) Emergency telephone numbers;

(3) The name, address, telephone number and email address of the operator of the WES; and

(4) A WES shall not include any advertising of any kind, except the nacelle may have lettering that exhibits the manufacturer’s and/or owner’s identification.

(H) Maintenance and annual summary report. Every WES must be kept and maintained in good repair and condition at all times and shall not pose a potential safety hazard. The applicant shall keep a record of all maintenance performed on each WES and any repairs made to and replacement of equipment and parts for each WES. On or about the anniversary date of the approval by the Planning Commission of the special land use permit, the applicant shall provide a summary of this maintenance record to the township’s Zoning Administrator.

(I) Underground. All distribution lines from the WES shall be located and maintained underground, both on the property where the WES will be located and off-site. The Planning Commission may waive the requirement that distribution lines for the WES that are located off-site (such as, are not located on or above the property where the WES will be located) be located and maintained underground if the Planning Commission determines that to install, place or maintain such distribution lines underground would be impractical or unreasonably expensive.

(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)

§ 154.310 DECOMMISSIONING PLAN.

A decommissioning plan shall be submitted by the applicant to the township for approval. The plan shall consist of a written description of the anticipated life of the system and facility; a description as to how the useful life of the system will be determined and who will make this determination; the estimated cost of decommissioning; the method of ensuring that funds will be available for decommissioning and restoration of the site; and removal and restoration procedures and schedules that will be employed if the WES becomes obsolete or abandoned. The plan shall also describe any agreement with the landowner regarding equipment removal upon termination of the lease.

(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)

§ 154.311 REMOVAL AND SITE RESTORATION.

Upon a determination by the township that a WES should be decommissioned or that the WES has been abandoned and within 90 days of receipt of written notification from the township, the owner/operator shall begin to remove any wind energy system or anemometer tower from the site.

(A) All equipment, structures, foundations, transmission lines and access roads (such access roads that are located on a participating parcel) associated with the wind energy system including all materials above and below ground shall be removed from the property, and the site shall be restored to a stable condition consistent with conditions existing prior the establishment of the wind energy system. The Planning Commission, however, may allow the access road to be retained if so requested by the property owner.

(B) The restoration process shall comply with all state, county or local erosion control, soil stabilization and/or runoff requirements or ordinances and shall be completed within one year of the above noted written notification from the township.

(C) Failure to begin to remove a wind energy system within the 90-day period provided in this section shall be grounds for the township to remove the wind energy system or anemometer tower at the owner’s expense.

(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)

§ 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)

§ 154.313 ABANDONED, INOPERABLE AND UNSAFE WES AND ADVERSE IMPACTS.

(A) (1) Any wind energy system or anemometer tower that is not operated for a continuous period of nine months shall be considered abandoned and subject for removal.

(2) Any wind energy system or anemometer tower that is found to present an imminent physical threat or danger to life or a significant threat of damage to property shall be shut down immediately and removed or repaired or otherwise made safe.

(B) (1) A state professional engineer hired by the applicant shall certify to the township its safety prior to resumption of operation.

(2) The owner/operator shall notify the township’s Zoning Administrator or the township’s designee within 24 hours of any occurrence of tower collapse, turbine failure, fire, thrown blade or hub, collector or feeder line failure or injury.

(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)

§ 154.314 COMPLAINT RESOLUTION PLAN.

(A) The applicant shall submit to the township’s Zoning Administrator the procedures it will use to receive and respond to complaints about its wind energy system(s) and facilities.

(B) Procedures shall include provisions for immediate response to complaints regarding unsafe wind energy system(s) and serious violations of this chapter, as defined in this chapter.

(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)

§ 154.315 INSPECTION.

The township shall have the right upon approving any WES to inspect the premises on which the WES is located at all reasonable times with the permission of the property owner. The township may hire a consultant to assist with any such inspections at the applicant’s cost.

(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)

§ 154.316 CERTIFICATION OF INSURANCE.

(A) The applicant/owner/operator and landowner shall indemnify, defend and hold harmless the township against any and all claims arising out of the existence, operation or failure of the wind energy system.

(B) The applicants/owners/operator and the landowner shall procure comprehensive general liability, casualty, wrongful acts insurance policies and any other policies customary to the wind energy system industry. This insurance shall be in the amount of $5,000,000 per wind energy system, but not to exceed $100,000,000 in the aggregate if the applicant/owner/operator own(s) more than one wind energy system in the township. The Planning Commission may adjust these amounts periodically to reflect inflation.

(C) The landowner and the applicant/owner/operator shall maintain these insurances for the, duration of the construction, operation, decommissioning, removal and site restoration of the wind energy system. The insurance carrier shall be instructed to provide the township with certificates of the existence of such insurances, and shall be instructed to notify the township if such insurances expire for any reason. Failure of the landowner or the applicant/owner/operator to maintain these insurances at all times shall result in termination of the township approval for the WES.

(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)

§ 154.317 NOISE MONITORING AND COMPLAINT INVESTIGATION AND RESOLUTION.

The township’s Zoning Administrator shall maintain a noise complaint log. The Planning Commission shall review this log at least once a year to identify and address potential adverse noise impacts. During the review process, the township can require additional sound studies to be prepared by an acoustic engineer approved by the township.

(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)

§ 154.318 ADMINISTRATIVE COSTS; INITIAL APPLICATION AND ON-GOING.

(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.

(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.