Surety Requirements

A - Prior to commencement of land disturbing activities

In order for the Department to issue a Zoning Approval allowing land disturbing and/or construction activities to begin, and except as noted in Section 13.51(c) below, the registrant/property owner must submit an irrevocable letter of credit or other form of surety acceptable to the Director, styled in favor of the Jefferson County Treasurer, in such amount as specified herein to assure that the work - if not completed or if not done in accordance with the approved plans and specifications – will be corrected in order to eliminate and/or prevent hazardous conditions, or erosion and/sedimentation problems, to the maximum extent practicable, pending final approval of the work as set forth in Section 13.50(d).
The surety shall:

• contain, or have attached to it as an exhibit, a legal description of the site and/or a valid 911 address;
• remain in effect for such reasonable period of time as may be required by the Director or his/her designee (pending final inspection and approval of the work as set forth in Section 13.50(d) above);
• be set to $3,000.00 per acre, or portion thereof:
• be set to double the amount determined by Item 3 above where clearing or earthwork is performed in areas designated as floodways, floodplains or areas susceptible to landslides; and,
• must be issued by a bank having a branch in Jefferson County.

B - Following completion of land disturbing activities.

In the event a Certificate of Occupancy is requested prior to complete stabilization of a property, the Director or his/her designee shall require a surety – in accordance with the terms and conditions set forth in Section 13.51(a) above, but to be separate and apart from any surety required prior to t he land disturbing activity – in order to assure the necessary work to properly stabilize the property is accomplished.

C - Exceptions to the surety requirements of this Article.

In cases where an erosion and sedimentation control plan is related to the construction of an individual single-family residence, the requirement for a surety prior to the commencement of the land disturbing activity (Section 13.51(a)) may be waived as follows:

• Registrants who possess current certification as a Qualified Credentials Inspector through the Homebuilders Association of Alabama, or is otherwise certified through a Department-sponsored or Department-approved training program, shall not be required to post the surety of Section 13.51(a) above (i.e., prior to the commencement of the accepted land disturbing activities).
• Provided, however, that the Director shall have the right to require any registrant/owner who was initially not required to post a surety under this Section, but who subsequently has had any action taken against him/her by the Department for failure to comply with requirements of this Article and/or an accepted erosion and sedimentation control plan, to post the surety of Section 13.51(a) above prior to the Department’s issuance of any further Zoning Approvals to said individual.