§ 10-327. Bonds and insurance.

(a)

Bonds. The applicant shall post a surety bond or some other equitable security satisfactory to the township board naming the township as the beneficiary thereof in an amount determined by the township board to be reasonably necessary to ensure compliance under this section, provided, however, that in no case will the sum of the surety bond be less than $500.00 for each acre or fraction thereof of land to be covered by the license. Bonds shall guarantee compliance with this article, the license requirements and conditions, and that the operation will be carried out according to the approved plans and specifications. In the case of a landfill, it shall further guarantee the performance of whatever work or rework which needs to be done to avoid harmful movement of gases or contamination to the groundwater or surface water and/or environment during operations and for five years after the completion of the landfill. Upon the lack of timely compliance with the requirements for which the bond guarantees, the township may use the bond proceeds to the extent necessary. By filing an application every applicant shall be deemed to have granted a license to the township and its agents and contractors to go onto a property under license to use the bond proceeds for the purposes allowed by the bond, for which there has been noncompliance. In fixing the amount of such bond, the township board shall take into account the size and scope of the proposed operations, current prevailing cost of rehabilitating the premises upon default of the operator, and other such conditions and factors as might be relevant in determining the sum reasonable in light of all facts and circumstances surrounding each application. The applicant shall notify the bonding company and provide proof thereof that the township be notified in the event of any lapse in the effectiveness of such bond. For each acre restored and reclaimed in accordance herewith or otherwise such bond may be reduced prorata as determined by the township board.

(b)

Proof of insurance. The applicant shall secure and file with the township clerk certifications of proof of insurance, insuring the applicant, his employees and/or agents or representatives, and the township for general comprehensive liability in an amount as adopted by resolution of the township board from time to time. The certifications or renewals thereof shall provide that the township shall be notified upon discontinuance or alteration of any such insurance coverage for any reason.

(Comp. Ords. 1985, § 35.056)