[Added 8-4-2008 by L.L. No. 3-2008]
A.
Development of real property and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition.
B.
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species.
C.
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat. Improper clearing of vegetation
and burial of vegetative and other wastes can result in unstable soil
conditions and the production of noxious gases through decomposition
of said wastes.
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing streambank erosion and sedimentation.
E.
Substantial economic losses can result from these
adverse impacts on the waters of the municipality.
F.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from development activities.
G.
The regulation of stormwater runoff discharges from
real property activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety.
H.
Regulation of development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
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.
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.
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.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, as
amended. This manual serves as the official guide for stormwater management
principles, methods and practices.
The New York Standards and Specifications for Erosion and
Sediment Control manual, as amended. This is commonly known as the
"Blue Book."
Surfaces, improvements and structures that cannot effectively
be infiltrated by rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
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.
The process of percolating stormwater into the subsoil.
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."
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.
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.
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.
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.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
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.
Any construction or development activity upon real property.
The replenishment of underground water reserves.
Measures that prevent sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
See "stormwater management practices."
The New York State Pollutant Discharge Elimination System.
An SPDES permit issued to developers of construction activities
to regulate disturbance of one or more acres of land.
An SPDES permit issued to municipalities to regulate discharges
from municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
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.
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.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
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.
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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
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.
See "stormwater pollution prevention plan."
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
This article shall be applicable to all real property
within the City of Albany.
B.
All land development activities subject to subdivision
and/or site plan review and approval under this chapter shall be reviewed
subject to the standards contained in this article. In this instance,
the SWPPP shall be submitted along with the subdivision and/or site
plan application.
C.
All land development activities not subject to subdivision
and/or site plan review shall be required to submit an SWPPP to the
Stormwater Management Officer, who shall review the SWPPP for compliance
with the requirements of this article. Regardless of the size of the
land development activity, at a minimum an erosion and sediment control
plan must be filed (and approved) if fill is deposited within 100
feet of a stream, surface water or wetland. A plan is also needed
if fill is going to be deposited on a slope of 15° or more or
if filling in excess of 30 cubic yards at any one time on a parcel.
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.
D.
Cemetery graves.
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.
A.
No approval of a land development activity shall be
issued until a stormwater pollution prevention plan (SWPPP) has been
accepted in accordance with the specifications in this article.
B.
All SWPPPs shall, at a minimum, have a sediment and
erosion control plan which shall provide the following background
information and erosion and sediment controls. Development within
impaired watersheds or where a five-acre variance request is submitted
to the DEC may require additional data.
(1)
Background information about the scope of the
project, including location, type and size of project, and preconstruction
photographs of the site and immediate downstream conditions (digital
preferred).
(2)
Site map/construction drawing(s) for the project,
including a general location map. The site map should be at a scale
no smaller than one inch equals 100 feet (e.g., one inch equals 500
feet is smaller than one inch equals 100 feet). At a minimum, the
site map should show the total site area; all improvements; areas
of disturbance; areas that will not be disturbed; existing vegetation;
on-site and adjacent off-site surface water(s); wetlands and drainage
patterns that could be affected by the construction activity; existing
and final slopes; locations of off-site material, waste, borrow or
equipment storage areas; and location(s) of the stormwater discharges(s).
(3)
Description of the soil(s) present at the site.
(4)
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP and
DEC variance approval.
(5)
Description of the pollution prevention measures
that will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff.
(6)
Description of construction and waste materials
expected to be stored on site, with updates as appropriate, and a
description of controls to reduce pollutants from these materials,
including storage practices to minimize exposure of the materials
to stormwater, and spill prevention and response.
(7)
Information regarding the location of disposal
of any material to be removed from the site. Off-site disposal areas
may not be within regulated wetlands, buffer zones, protected watercourse
areas, or other environmentally sensitive areas unless applicable
permits are obtained. The proposed method of any on-site processing
and reuse of organic materials shall be specified and may require
certification by a New York State registered professional engineer
or landscape architect as a safe and effective means of disposal.
(8)
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project from initial land clearing and
grubbing to project closeout.
(9)
A site map/construction drawing specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice.
(10)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins.
(11)
Temporary practices that will be converted to
permanent control measures.
(12)
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in place.
(13)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice.
(14)
Name(s) of the receiving water(s).
(15)
Delineation of SWPPP implementation responsibilities
for each part of the site.
(16)
Description of structural practices designed
to divert flows from exposed soils, store flows, or otherwise limit
runoff and the discharge of pollutants from exposed areas of the site
to the degree attainable.
(17)
Any existing data that describes the stormwater
runoff at the site.
(18)
A slope stability analysis, if requested by
the City Engineer, where grading is proposed on steep or slippage-prone
slopes.
(19)
A stormwater management report in accordance
with the "Standard Format for Stormwater Management Plans and Reports,"
which is available at the office of the Stormwater Management Officer.
(20)
A stormwater maintenance escrow agreement if
the stormwater facilities are being conveyed to the City once they
are installed and approved, or a stormwater control facility maintenance
agreement if the stormwater facilities will remain privately owned.
Either of these agreements can be obtained from the Stormwater Management
Officer.
C.
In addition to the SWPPP described above, land development
activities meeting any of the three conditions below shall also be
required to provide a report as to water quantity and water quality
controls (postconstruction stormwater runoff controls):
(1)
Stormwater runoff from project activity disturbing
between one acre and five acres of land during the course of the project,
exclusive of the construction of single-family residences and construction
activities at agricultural properties; or
(2)
Stormwater runoff from land development activities
disturbing five or more acres; or
(3)
Stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water identified
on the Department's 303(d) list of impaired waters or a total maximum
daily load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.
D.
The additional report to be provided for postconstruction
stormwater controls shall include:
(1)
Description of each postconstruction stormwater
management practice.
(2)
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each postconstruction stormwater
management practice.
(3)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms.
(4)
Comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions.
(5)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
(6)
Maintenance schedule to ensure continuous and
effective operation of each postconstruction stormwater management
practice.
(7)
Maintenance easements to ensure access to all
stormwater management practices at the site for the purpose of inspection
and repair. Easements shall be recorded on the plan and shall remain
in effect with transfer of title to the property.
(8)
Inspection and maintenance agreement binding
on all subsequent landowners served by the on-site stormwater management
measures in accordance with this article.
E.
If the land development activity meets either of the conditions described in Subsection C(2) or (3) of this section (activity disturbs five acres or more or runoff discharges a pollutant of concern to either an impaired water or a TMDL designated watershed), then the SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control (CPESC), soil scientist, or professional engineer and must be signed by the professional preparing the plan who shall certify that the design of all stormwater management practices meet the requirements in this article.
F.
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will
be acquired for the land development activity prior to approval of
the final stormwater design plan.
G.
Contractor certification.
(1)
Each contractor and subcontractor identified
in the SWPPP who will be involved in soil disturbance and/or stormwater
management practice installation shall sign and date a copy of the
following certification statement before undertaking any land development
activity: "I certify under penalty of law that I understand and agree
to comply with the terms and conditions of the Stormwater Pollution
Prevention Plan. I also understand that it is unlawful for any person
to cause or contribute to a violation of water quality standards."
(2)
The certification must include the name and
title of the person providing the signature, address and telephone
number of the contracting firm; the address (or other identifying
description) of the site; and the date the certification is made.
(3)
The certification statement(s) shall become
part of the SWPPP for the land development activity.
(4)
A copy of the SWPPP shall be retained at the
site of the land development activity during construction from the
date of initiation of construction activities to the date of final
stabilization.
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.
A.
Maintenance and inspection during construction.
(1)
The City Engineer or his/her designee shall
have the power to make necessary inspections. The Engineer may employ,
at his/her discretion, a construction inspector to act as his/her
agent for the purpose of assuring satisfactory completion of permit
requirements. The inspection provided may include, but not necessarily
be limited to, all grading, drainage, stormwater management systems
and erosion control measures and may include soil testing as necessary
to determine compliance with the provisions of this article and the
conditions of the approval.
(2)
The City Engineer will determine an amount sufficient
to defray the costs of such inspection. The applicant shall deposit
said amount of moneys with the chief fiscal officer in an escrow account
prior to the issuance of the approval. The City Engineer shall be
authorized to pay the costs of inspection by his/her construction
inspector from the moneys on deposit in said account and shall return
to the applicant any such moneys, including interest, on balance in
the account at the time of completion of the permitted site work,
provided that all inspection costs have been paid. If the moneys on
deposit prove to be insufficient for the costs of required inspections,
the City Engineer shall require that the applicant deposit additional
moneys in an amount sufficient to satisfy the costs of such additional
inspections as may be required. If applicant fails to deposit additional
moneys in a timely manner, any costs incurred by the City shall be
charged to the applicant.
(3)
The applicant or developer of the land development
activity or its representative shall at all times properly operate
and maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used by the applicant
or developer to achieve compliance with the conditions of this article.
Sediment shall be removed from sediment traps or sediment ponds whenever
their design capacity has been reduced by 50%.
(4)
For land development activities meeting any of the conditions set forth in § 133-105C (project activity of between one acre and five acres of land during course of job, exclusive of one-family residences and construction activities at agricultural properties; stormwater runoff from land development activities disturbing five or more acres, or stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water or a TMDL designated watershed), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
B.
Maintenance easement. Prior to the issuance of any
approval that has a stormwater management facility as one of the requirements,
the applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the City of
Albany to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this article. The easement shall be recorded in the office of the
Albany County Clerk after approval by the Corporation Counsel.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall ensure they are operated and maintained to
achieve the goals of this article. Proper operation and maintenance
also includes, as a minimum, the following:
(1)
A preventive/corrective maintenance program
for all critical facilities and systems of treatment and control (or
related appurtenances) which are installed or used by the owner or
operator to achieve the goals of this article.
(2)
Written procedures for operation and maintenance
and training new maintenance personnel.
D.
Maintenance agreements. The City of Albany shall promulgate
a formal maintenance agreement for stormwater management facilities
which are going to be privately owned after construction. The agreement
shall be binding on all subsequent landowners and recorded in the
office of the Albany County Clerk as a deed restriction on the property
prior to final plan approval. The standard maintenance agreement shall
be on file in the office of the Stormwater Management Officer. The
City of Albany Water Board, in lieu of a maintenance agreement, at
its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this article and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
A.
Inspection.
(1)
In addition to the DEC inspections required
to be performed by the applicant, the City of Albany Stormwater Management
Officer, or her designee, may require such inspections as necessary
to determine compliance with this article and may either approve that
portion of the work completed or notify the applicant wherein the
work fails to comply with the requirements of this article and the
stormwater pollution prevention plan (SWPPP) as approved. In addition,
a preconstruction meeting is necessary and shall be held as directed
by the Stormwater Management Officer. To obtain inspections, the applicant
shall notify the City Engineer at least 48 hours before any of the
following, as required by the stormwater management Officer:
(a)
Start of construction.
(b)
Installation of sediment and erosion control
measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public
areas.
(2)
If any violations are found, the applicant and
developer shall be notified in writing of the nature of the violation
and the required corrective actions. No further work shall be conducted,
except for site stabilization, until any violations are corrected
and all work previously completed has received approval by the Stormwater
Management Officer.
B.
Inspection of stormwater facilities after project
completion. Inspection programs shall be established on any reasonable
basis, including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher-than-typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher-than-usual
discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards or the SPDES
stormwater permit; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include but are
not limited to reviewing maintenance and repair records; sampling
discharges, surface water, groundwater, and material or water in drainage
control facilities; and evaluating the condition of drainage control
facilities and other Stormwater Management Practices.
C.
Submission of reports and record plans. The City of
Albany Stormwater Management Officer may require monitoring and reporting
from entities subject to this article as are necessary to determine
compliance with this article. All applicants are required to submit
record plans for any Stormwater Management Practices located on site
after final construction is completed. The plan must show the final
design specifications for all stormwater management facilities and
must be certified by a licensed professional.
D.
Right-of-entry for inspection. When any new stormwater
management facility is installed on private property or when any new
connection is made between private property and the public stormwater
system, the landowner shall grant to the City of Albany the right,
and it shall be the right of the stormwater management Officer or
his/her designee, to enter the property at reasonable times and in
a reasonable manner for the purpose of inspection.
E.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the City of
Albany in its approval of the stormwater pollution prevention plan,
the City may require the applicant or developer to provide, prior
to construction, a performance bond, cash escrow, or irrevocable letter
of credit from an appropriate financial or surety institution which
guarantees satisfactory completion of the project and names the City
of Albany as the beneficiary. The security shall be in an amount to
be determined by the City based on submission of final design plans,
with reference to actual construction and landscaping costs. The performance
guarantee shall remain in force until the surety is released from
liability by the City of Albany, provided that such period shall not
be less than one year from the date of final acceptance or such other
certification that the facility(ies) have been constructed in accordance
with the approved plans and specifications and that a one-year inspection
has been conducted and the facilities have been found to be acceptable
to the City. Per annum interest on cash escrow deposits shall be reinvested
in the account until the surety is released from liability.
F.
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the City of Albany with an irrevocable
letter of credit from an approved financial institution or surety
to ensure proper operation and maintenance of all stormwater management
and erosion control facilities both during and after construction
and until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the City of Albany may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
G.
Recordkeeping. The City of Albany may require entities
subject to this article to maintain records demonstrating compliance
with this portion of the City Code. Upon request, such records shall
be made available to the Stormwater Management Officer for inspection
or copying.
H.
Notice of violation.
(1)
When the City of Albany determines that a project
is not being carried out in accordance with the requirements of this
article, it may issue a written notice of violation to the landowner.
The notice of violation shall contain:
(a)
The name and address of the landowner, developer,
and/or applicant.
(b)
The address, when available, or a description
of the building, structure or land upon which the violation is occurring.
(c)
A statement specifying the nature of the violation.
(d)
A description of the remedial measures necessary
to bring the project into compliance with this article and a time
schedule for the completion of such remedial action.
(e)
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed.
(f)
A statement that the determination of violation
may be appealed to the Board of Zoning Appeals by filing a written
notice of appeal within 10 days of service of notice of violation
by personal delivery or by certified mail to the last known address
of the landowner, developer, and/or applicant.
(2)
If it is certified by the Stormwater Management
Officer that a bona fide emergency exists, the City shall have the
right to cause any necessary remediation or repairs to be made to
protect the public interests, and the costs assessed to the landowner,
developer, and/or applicant pursuant to this article, upon notice
and an opportunity to be heard. Where access to the property is denied
by the landowner, a warrant shall be obtained from a court of competent
jurisdiction.
I.
Stop-work orders. The City of Albany may issue a stop-work
order for violations of this article. Persons receiving a stop-work
order shall be required to halt all work of any nature on the site,
except those activities that address the violations leading to the
stop-work order. The stop-work order shall be in effect until the
City of Albany confirms that the project is in compliance and the
violation has been satisfactorily addressed. Failure to address a
stop-work order in a timely manner may result in civil, criminal or
monetary penalties in accordance with the enforcement measures authorized
in this article or otherwise pursuant to law.
J.
Violations. Any land development activity that is
commenced or is conducted contrary to this article may be restrained
by injunction or otherwise abated in a manner provided by law.
K.
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this article shall be guilty of a violation punishable
by a fine not exceeding $250 or imprisonment for a period not to exceed
15 days, or both, for a first offense; upon a conviction of a second
or subsequent violation of this article within five years, a person
shall be guilty of a misdemeanor punishable by a fine not less than
$350 nor more than $5,000 or imprisonment for a period not to exceed
six months, or both. Each five-day period of a continued violation
shall constitute a separate violation and may be charged as such.
L.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this article, the Stormwater Management Officer may prevent the
occupancy of said building or land.
M.
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the City
of Albany may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
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.
