The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact above. This article seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 (construction runoff) and 5 (postconstruction maintenance) of the SPDES general permit for stormwater discharges from municipal separate stormwater sewer systems (MS4s), Permit No. GP-02-02 or as amended or revised.
B. Require work on real property to conform to the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) general permit for construction activities GP-02-01 or as amended or revised.
C. Minimize increases in stormwater runoff from activities on real property in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels.
D. Minimize or decrease pollution caused by stormwater runoff from activities on real property which would otherwise degrade local water quality.
E. Minimize or decrease the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable.
F. Reduce or decrease stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety. Specific consideration of stormwater runoff shall be provided to critical watersheds.
G. Eliminate unstable soil conditions and the production of noxious gases which result from improper stormwater practices, improper grading practices, improper clearing of vegetation and the burial of vegetative and other wastes.
The terms used in this article or in documents prepared or reviewed under this article shall have the meaning as set forth in this section. Any conflict between a definition provided elsewhere in the City Code and this article shall be resolved in favor of the definition provided below.
AGRICULTURAL ACTIVITY The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.
BUILDING Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
CHANNEL A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING Any activity that removes the vegetative surface cover.
DEC The New York State Department of Environmental Conservation.
DESIGN MANUAL The New York State Stormwater Management Design Manual, as amended. This manual serves as the official guide for stormwater management principles, methods and practices.
EROSION CONTROL MANUAL The New York Standards and Specifications for Erosion and Sediment Control manual, as amended. This is commonly known as the "Blue Book."
IMPERVIOUS COVER Surfaces, improvements and structures that cannot effectively be infiltrated by rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
LAND DEVELOPMENT ACTIVITY An activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre, or an activity disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
LANDOWNER The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
MAINTENANCE AGREEMENT A document which provides for long-term maintenance of stormwater management practices. It is anticipated this document will be recorded in the Albany County Clerk's office and will act as a property deed restriction or encumbrance.
NONPOINT SOURCE POLLUTION Pollution from any source other than from any discernible, confined, and discrete conveyances and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
PHASING Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PROJECT Any construction or development activity upon real property.
RECHARGE The replenishment of underground water reserves.
SENSITIVE AREAS Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
SMP See "stormwater management practices."
SPDES The New York State Pollutant Discharge Elimination System.
STABILIZATION The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER An order issued which requires that all construction activity on a site be stopped.
STORMWATER Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER The Zoning Officer of the City of Albany, as designated in this chapter, shall act as the Stormwater Management Officer, and as such, and together with the City Engineer and Code Enforcement Director, shall accept and review stormwater pollution prevention plans, forward the plans to the applicable department, inspect stormwater management practices, and enforce this article.
STORMWATER MANAGEMENT PRACTICES (SMPs) Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
SURFACE WATERS OF THE STATE OF NEW YORK Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons, which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
WATERWAY A channel that directs surface runoff to a watercourse or to the public storm drain.
The following activities are exempt from the permit requirements under this article. However, even those projects which are exempt from the permit requirements must meet the standards set forth in this article.
A. Agricultural activity as defined in this article.
B. Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a stormwater management facility.
C. Repairs to any Stormwater Management practice or facility deemed necessary by the stormwater management Officer.
E. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
F. Emergency activities immediately necessary to protect life, property or natural resources.
G. Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family.
H. Landscaping and horticultural activities in connection with an existing structure that does not change the drainage patterns.
I. Creation or restoration of wetlands pursuant to a state or federal wetlands permit.
Every soil disturbance shall meet the criteria set forth in the New York Standards for Erosion and Sediment Control (also known as "the Blue Book"). Also, all land development activities shall be subject to all of the following performance and design criteria:
A. Technical standards. For the purpose of this article, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article:
(1) New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual" or the "Blue Book.")
(2) The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").
(3) The City of Albany Standard Format for Stormwater Management Plans and Reports.
B. Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in the Design Manual, and the SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control (CPESC), soil scientist or professional engineer.
C. Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
D. Permitting process; additional standards.
(1) Applications shall be made on forms prescribed by the City, which shall be accompanied by the required fee, if any, established by the City.
(2) The Stormwater Management Officer shall review the application and act to approve, approve with modification, or deny the requested SWPPP.
(3) In the event that the submittal is denied, the applicant may have the decision reviewed by the Board of Zoning Appeals.
(4) The smallest practical area of land shall be exposed at any one time during the project.
(5) When land is exposed during development, the exposure shall be kept to the shortest practical period of time.
(6) To protect areas in excess of one acre exposed for a period over two weeks during development, the following controls shall be applied:
(a) Temporary vegetation, mulch, geotextiles, and/or emulsion shall be provided as needed to prevent soil erosion. Application of these materials shall be by approved equipment.
(b) On areas that will be exposed for short periods of time (daily), where weather conditions are conducive to airborne soil particles, a construction fence shall be installed, as directed by the SMO.
(c) On areas such as temporary roadways, when dry conditions prevail, the contractor shall be required to apply water or take other measures as required to prevent dust during daily construction activities.
(7) Sediment basins, debris basins, silting basins, silt fencing, or silt traps shall be installed and maintained to remove sediment from runoff waters on lands undergoing development.
(8) Permanent final vegetation and structures shall be installed as soon as practical in the development.
(9) The development plan should be fitted to the type of topography and soils so as to create the least erosion potentials.
(10) Wherever feasible, natural vegetation should be retained and protected.
(11) In areas of proposed fill, all existing vegetation and other organic material, including the root mat, shall be removed prior to placement of fill. The material shall be disposed of in an appropriate off-site facility or processed for reuse on site in a manner that will not be conducive to adverse effects of decomposition, such as the production of odors or of concentrations of noxious or explosive gases, or the creation of unstable subsurface conditions. The proposed method of on-site processing and reuse shall be specified in the permit application and may require certification by a licensed professional engineer as a safe and effective means of disposal.
(12) No vegetation or other waste materials shall be buried on the site.
(13) All fill placed on the site shall be as free of organic material as is practicable.
E. Deposit; performance of site work; inspection.
(1) To ensure that the site work is performed in accordance with the controls of this article, before obtaining approval the applicant shall deposit with the chief fiscal officer of the City of Albany a cash escrow as set forth in the fee schedule promulgated by the City.
(2) Said site work shall be performed and completed in accordance with the approved plan and schedule of vegetation removal and disposal, grading, construction operation and erosion control methods on file with the Stormwater Management Officer at the time of issuance of the approval.
(3) Upon completion of the site work set forth in the plan, the applicant will request the City Engineer or his/her designee to inspect the work; upon approval of the site work, the Engineer will direct the chief fiscal officer to release all of the applicant's money deposited pursuant to Subsection
E(1) above.
(4) Upon the failure of the applicant to perform the site work in accordance with the site plan submitted as aforesaid, the City of Albany and/or its agents shall be permitted to enter upon the premises and complete the necessary site work and charge the cost of the site work to the funds on deposit with the chief fiscal officer pursuant to Subsection
E(1) above, and the chief fiscal officer shall be authorized to pay any charge or charges approved by the City Engineer without further approval of the applicant. If the City should undertake completion of any site work upon the applicant's failure to do so, any sums remaining on deposit with the chief fiscal officer after completion of said site work shall be returned to the applicant.
The City of Albany may require any person undertaking activities regulated by this article to pay reasonable costs at prevailing rates for review of SWPPPs, inspections or SMP maintenance performed by City personnel or performed by a third party for the City of Albany.