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The town administering an erosion and sedimentation control program may transfer an erosion and sedimentation control plan approved pursuant to this section without the consent of the plan holder to a successor-owner of the property on which the permitted activity is occurring or will occur as provided in this section.
(A) The town may transfer a plan if all of the following conditions are met:
(1) The successor-owner of the property submits to the local government a written request for the transfer of the plan and an authorized statement of financial responsibility and ownership.
(2) The town finds all of the following:
(a) The plan holder is one of the following:
1. A natural person who is deceased.
2. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved.
3. A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur.
4. A person who has sold the property on which the permitted activity is occurring or will occur.
(b) The successor-owner holds title to the property on which the permitted activity is occurring or will occur.
(c) The successor-owner is the sole claimant of the right to engage in the permitted activity.
(d) There will be no substantial change in the permitted activity.
(B) The plan holder shall comply with all terms and conditions of the plan until such time as the plan is transferred.
(C) The successor-owner shall comply with all terms and conditions of the plan once the plan has been transferred.
(D) Notwithstanding changes to law made after the original issuance of the plan, the town may not impose new or different terms and conditions in the plan without the prior express consent of the successor-owner. Nothing in this section shall prevent the town from requiring a revised plan pursuant to G.S. § 113A-54.1(b).
(Ord. 2020-09-07, passed 9-21-20)