the applicant may appeal the Town’s disapproval of the plan directly to the Commission. For purposes of this Section, an applicant's record or the proposed transferee's record may be considered for only the two (2) years prior to the application date. I. The Town 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 subsection. The Town may transfer a plan if all the following conditions are met:
i. The successor-owner of the property submits to the Town a written request for the transfer of the plan and an authorized statement of financial responsibility and documentation of property ownership.
ii. The Town finds all of the following:
1. The plan holder is one (1) of the following:
I. A natural person who is deceased.
II. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved.
III. A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur.
IV. A person who has sold the property on which the permitted activity is occurring or will occur.
2. The successor-owner holds title to the property on which the permitted activity is occurring or will occur.
3. The successor-owner is the sole claimant of the right to engage in the permitted activity.
4. There will be no substantial change in the permitted activity.
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