(A) The town shall not issue any grading, land disturbing, building, or other permits for activities that involve land disturbing activities unless the applicant submits, with his or her application, the approved erosion and sediment control plan or certification of such approved plan from the town and certification that such plan will be followed. Permits for permanent construction shall not be issued until the initial erosion and sediment control measures have been inspected and approved by the Town Engineer.
(B) The town, prior to the issuance of any grading, land disturbing, building, or other permit, may require from any applicant a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement as is acceptable to the town, to ensure that emergency measures could be taken by the town, at the applicant’s expense, should he or she fail, within the time specified, to initiate appropriate conservation action, which may be required of him or her as a result of his or her land disturbing activity. This bond, cash escrow, letter of credit, or other acceptable legal arrangement will provide for a right of entry by representatives of the town for the purpose of inspection, reinstallation, maintenance, or any other conservation practice that may be necessary. Within 60 days of the achievement of adequate stabilization of the land disturbing activity in any project or section of such activity, the bond, cash escrow, letter of credit, or other legal arrangement, or the unexpended or unobligated portion of such arrangement, shall be refunded to the applicant or terminated
based upon the percentage of stabilization accomplished in the project or section of the project. The town may collect stabilization costs in excess of the security held.
(C) The requirements of this section are in addition to all other provisions of the law that relate to the issuance of such permits. The Building/Code Official shall issue no building or other permit until the erosion and sediment control measures have been inspected and approved by the town.
(1998 Code, § 18-39)