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Have a question? +1 815-826-6324 (815-8-BondAI) phil@AmericasSuretyBonds.com
Army Veteran Owned | Expert Surety Bonds Since 2004
The amount of this bond is set by the size of your site, not by a fixed figure, so most applicants underestimate it. A surety bond lets you meet Mountain Brook's per acre security without parking cash with the city for the year or more it takes to get the release.
Mountain Brook requires a letter of credit, surety bond or cash bond with every land disturbance control plan. For earthwork, or clearing combined with earthwork, the security is $10,000 for each acre or fraction of an acre disturbed under Sections 113-72 and 113-119 of the city code. It doubles in floodways, floodplains and landslide prone areas, and an individual single family home site may qualify for a reduced $10,000 amount.
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This bond does not have one price tag. Sections 113-72(12) and 113-119 of the Mountain Brook code tie it to the land you disturb. Earthwork, or clearing and earthwork together, is secured at $10,000 per acre, and any fraction of an acre counts as a full acre. A two and a half acre grading job therefore needs $30,000 of security. The code states the clearing only rate in more than one place, so ask the official to confirm that figure for your site.
Two adjustments matter. Where clearing or earthwork is in a designated floodway, floodplain or area susceptible to landslides, the security is doubled. For an individual single family residence, the earthwork security may be reduced to $10,000 if you show proof of completing the county erosion workshop or holding qualified credentialed inspector (QCI) certification.
The owner of the land, or the owner's authorized agent, applies for the permit and furnishes the security with the BMP control plan. The city decides whether it will take a letter of credit, surety bond or cash bond. The security guarantees that work not completed, or not done to the permitted plans, will be corrected to remove hazards, erosion and drainage problems. It must carry a legal description of the site, and a surety bond must come from a company qualified to do business in Alabama and satisfactory to the city. Security with a fixed expiration date is not accepted.
Section 113-62 excludes agriculture, silviculture, home gardens and landscaping on individual lots, minor home repairs and additions, minor utility connections, railroad track work, burial sites and water or monitoring wells, among others. Landscaping and grading done by or for a developer or builder building a house is not exempt.
The permit application fee is $1,000 and is nonrefundable under Section 113-42. Sites that need post construction controls pay another $1,000. Under Section 113-120, the city releases the security one year after vegetation is complete and as built plans are received. If vegetation has not held for a full growing season, release waits one year plus one growing season after standing growth is established. Plan on keeping the bond in force for that whole period.
The surety prices the bond as a share of the total per acre amount, adjusted for credit and the strength of the business. Confirm the final figure and the city's accepted bond form with the official before the bond is issued.
For earthwork, or clearing combined with earthwork, it is $10,000 for each acre or fraction of an acre disturbed. It doubles in floodways, floodplains and landslide prone areas. Confirm the clearing only rate with the official.
It can. Section 113-72 allows the earthwork security for an individual single family residence to be reduced to $10,000 with proof of the county erosion workshop or QCI certification.
The owner may file a cash bond equal to the required amount in place of a letter of credit or surety bond, but the city keeps the right to decide which type it will accept.
One year after vegetation is complete and the city has your as built plans. If vegetation has not lasted a full growing season, release is one year plus one growing season after it is established.
No. Section 113-62 lists exclusions such as agriculture, home gardens, minor repairs and small additions on a homeowner's own lot. Work by a builder or developer on a new house is not excluded.
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