It is enacted by the General Assembly as follows:

SECTION 1. Section 5 of Chapter 190 of the Public Laws of 1973, entitled "An Act Authorizing the Town of Exeter to Enact Ordinances Regulating, Controlling and Licensing Earth Removal" is hereby amended as follows:

Sec. 5. Except as otherwise provided herein as a condition precedent to the issuance of a license pursuant to section 6 hereof, any such ordinance shall require the submission to the town council and its approval thereof;

(a) of a plan prepared by a registered engineer in compliance with the provisions of said ordinance and setting forth the existing contours of the tract of land, and based upon classifications of preliminary samples of the material to be removed, (i) the final contours of the tract of land upon completion of earth removal operations and (ii) the type of ground cover to be planted or applied upon completion of earth removal operations to effectively control wind and water erosion; provided, however, if suitable fertile ground cover existed at the beginning of earth removal, enough of said ground cover to be held in reserve and reapplied for a minimum thickness of three (3) inches;

(b) of an opinion by a registered engineer that upon completion of earth removal operations all slopes on said tract as set forth in the plan referred to in subparagraph (a) of this section, shall remain at the natural angle of repose; and

(c) of a bond not to exceed {DEL one hundred dollars ($100) DEL} {ADD five thousand dollars ($5,000) ADD} for each acre of said tract of land to insure compliance with the requirements of this section.

If the plan set forth in subparagraph (5)(a) is not complied with, the town of Exeter is authorized and empowered to undertake and complete such plan and the owner of said tract of land shall reimburse the town of Exeter for its necessary expenses in connection therewith and the town of Exeter shall have a lien on said tract of land for such expenses.