Legal Documents of Maryville

Code of Maryville

Table of Contents » Title 19 Stormwater » Chapter 2 Grading, Soil Erosion And Sedimentation Control » § 19-215 Bond requirements.
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19
Title 19
19-1
Title 19, Chapter 1
19-101
§ 19-101
Maryville
Title 19 : Stormwater
Chapter 2 : Grading, Soil Erosion And Sedimentation Control

19-215 : Bond requirements.

  1. When reviewing any application for a grading permit, the city shall consider the past record of the permit applicant in complying with previous grading permits, plans, and this chapter. The city may require the permit applicant to post a performance bond prior to issuing the grading permit. If a permit applicant has had three (3) or more violations of previous permits or this chapter, as amended, within three (3) years prior to the date of filing of the application under construction with the city shall require a performance bond with the permit application.
  2. Upon forfeiture, the city at its election may use the performance bond proceeds or any part thereof to hire a contractor to stabilize and place erosion control measures on the site of the land-disturbing activity.
  3. A performance bond in the form of government security, cash, irrevocable letter of credit, or any combination must be provided for the following conditions:


    1. Rough grading, site development, large residential developments, or commercial development when there is a disturbed area greater than five (5) acres.
    2. Where there exists a substantial likelihood for runoff or sediment problems to adversely impact city rights-of-way, other property, or waters of the state.
    3. When a site drains into sinkholes or when the site is used for a borrow pit or waste area.
  4. Any bond amount shall be based on a remediation and completion estimate as determined by the director of engineering and public works, or his/her designee, based on the size of the disturbed area.
  5. The city may refuse brokers or financial institutions the right to provide surety bonds, letter of credit, etc. based upon past performance, ratings or the financial institution, or other appropriate sources of reference information.
  6. Within sixty (60) days of the final inspection, the balance of all bonds not extended or obligated shall be refunded or terminated except as otherwise provided therein.
  7. The performance bond is released upon receiving NOT from TDEC along with site visit and release approval by the director of engineering and public works, or his/her designee. (1999 Code, § 19-315)