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EROSION AND SEDIMENT CONTROL § 8-39 Secs. 8-25-8-34. Reserved. ARTICLE III. PERMIT FOR LAND-DISTURBING ACTIVITIES Sec. 8-35. Required. (a) Each person who is required to prepare and submit an erosion and sediment control plan for a proposed land-disturbing activity shall obtain a land-disturbing permit from the building official before the proposed activity is commenced. (b) Obtaining a permit for a proposed land-disturbing activity shall be the responsibility of the owner or lessee of the land or his duly authorized agent. (Ord. of 2-23-82, §§ 3.3, 3.6) Sec. 8-36. Plan approval and payment of fee prerequisite to issuance. The building official shall not issue a land-disturbing, grading, building or other permit unless the applicant has gained approval of his submitted erosion and sediment control plan and has paid the fee prescribed in section 8-11. (Ord. of 2-23-82, § 3.6; Ord. No. 90-15, 11-27-90) Sec. 8-37. Applicant to certify as to compliance with approved plan, etc. No land-disturbing permit shall be issued by the building official, unless the applicant has certified on his permit application that he will properly perform the control measures included in the plan approved under this chapter and will abide by the requirements of the city. (Ord. of 2-23-82, § 3.6) Sec. 8-38. Applicant to execute right-of+ntry agreement. The applicant for a land-disturbing permit shall execute a right-of-entry agreement with the city which will guarantee the right-of-entry by appropriate persons for the purpose of inspecting and monitoring the land-disturbing activities and installation, reinstallation or maintenance of erosion and sediment control measures in the event the applicant fails to install or maintain such measures after notice in writing. (Ord. of 2-23-82, §§ 3.6,3.7) Sec. 8-39. Applicant's bond or other security. (a) The bufiding official shall, prior to issuing any land-disturbing permit, require the applicant, other than the city, to present a reasonable performance bond, cash escrow, letter of credit, any combination thereof or some legal arrangement acceptable to the building official to insure that measures could be taken by the city at the applicant's expense should he fail, within the time specified, to initiate or'maintain appropriate conservation action which may be required of him as a result of his land-disturbing activity. Should it become necessary to take such measures, and the costs are found to exceed the securities held, the city may collect the additional amount from the permittee. Supp. No. 24 497