(A) The Town shall approve only those applications that are shown to have the potential to control accelerated erosion and prevent off-site siltation at least the equivalent in effectiveness, safety, quality, and durability of that prescribed in the current edition of the "Erosion and Sedimentation Control Planning and Design Manual" published by the North Carolina Sedimentation Control Commission.
(B) The Town may deny the application for any of the following reasons, if the applicant, or any parent or subsidiary corporation (if the applicant is a corporation) meets any of the criteria set forth below. For purposes of this subsection, an applicant's record may be considered for only the two (2) years prior to the application date.
(1) The applicant has failed to substantially comply with state rules or local ordinances and regulation adopted pursuant to the Sedimentation Pollution Control Act;
(2) The applicant is conducting or has conducted land-disturbing activity without an approved permit, or has received notice of violation of a permit previously approved by the North Carolina Sedimentation Control Commission, the Town, or another local government, and has not complied with the notice within the time specified therein;
(3) The applicant has failed to pay a civil penalty assessed pursuant to the Sedimentation Pollution Control Act or this Ordinance for failure to comply with the applicable sedimentation and erosion control requirements, where such payment is due and no appeal is pending regarding the penalty;
(4) The applicant has been convicted of a misdemeanor pursuant to G.S. 113A-64(b), or any similar provision of this Ordinance, for failure to comply with the applicable sedimentation and erosion control requirements.