The purpose of this chapter is to safeguard
life, limb, health, property and public welfare of the residents of
the City of Albany by regulating and controlling the design, construction
and quality of materials used in all grading and mining operations
conducted within the City of Albany.
As used in this chapter, the following terms
shall have the meanings indicated:
APPROVED PLANS
Grading site plans signed and approved by the City Engineer
of the City of Albany, New York.
CITY
The City of Albany, New York.
CITY ENGINEER
The authorized head of the Bureau of Engineering of the City
of Albany.
EXCAVATION
Any act by which earth, sand, rock or any other similar material
is cut into, dug, quarried, uncovered, removed, displaced, relocated
or bulldozed and shall include the conditions resulting therefrom.
FILL
Any act by which earth, sand, gravel, rock or any other similar
material is deposited, placed, pushed, pulled or transported to a
place other than the place from which it was excavated, and shall
include the conditions resulting therefrom.
GRADING
An excavation or fill or any combination thereof and shall
include the conditions resulting from any excavation or fill.
GRADING SITE PLAN
The site plans prepared to indicate the proposed grading
operations.
PROPERTY LINE
A line separating parcels of real property having separate
legal descriptions.
PUBLIC RIGHT-OF-WAY
Any parcel of land appropriated for the free passage of the
general public.
RETAINING WALL
Any wall resisting the lateral pressure of any retained liquid
or solid.
SEEPAGE
The flow of water through soil masses caused by gravitational
forces.
[Amended 5-15-2017 by Ord. No. 26.31.17]
No person shall commence or perform any grading and no person
shall import or export any earth materials to or from any grading
site without first having obtained a stormwater, grading, and erosion
permit pursuant to § 375-5E(12), unless the provisions of
that section provide an exception for the proposed activity.
[Amended 5-15-2017 by Ord. No. 26.31.17]
After the plans and specifications have been reviewed by the City Engineer or his authorized representative and are in compliance with the provision of Chapter
211 and Chapter
375 of the City Code and all other related laws, each sheet of every copy of the plans shall be signed by the City Engineer, subject to the following conditions:
A. The issuance of a stormwater, grading, and erosion permit shall not
relieve the applicant of responsibility for securing required permits
for work to be done which is regulated by any other code, ordinance,
law, department or division of the City of Albany.
B. The approval of any plans or specifications shall not be held to permit or to be an approval of the violation of any provision of Chapter
211 or Chapter
375 of the City Code.
C. Alteration of approved plans or specifications, unless
authorized by the City Engineer, shall void the approval.
D. A signed set of plans and specifications issued to
the applicant shall be kept at the site of the construction and shall
be available to the City Engineer or his authorized representative
at all times.
[Amended 5-15-2017 by Ord. No. 26.31.17]
A. All construction or work for which a stormwater, grading, and erosion
permit has been issued shall be subject to inspection by the authorized
representative of the City Engineer.
B. No person shall hinder or prevent any authorized representative of
the City Engineer from entering and making a reasonable inspection
of any site covered by a valid stormwater, grading, and erosion permit
or under construction for approval of a stormwater, grading, and erosion
permit.
(1) Whenever any construction or work is being done contrary to the provisions of Chapter
211 or Chapter
375 of the City Code, the City Engineer or his authorized representative shall issue a written notice to the responsible party to stop work on that portion of the site on which the violation has occurred. The notice shall state the nature of the violation, and no work shall be done on that portion until the violation has been rectified and approval obtained from the office of the City Engineer.
(2) Whenever any work on which called inspections are
required as specified in this section is covered or concealed by additional
work without first having been inspected, the City Engineer shall
require, by written notice, that such work be exposed for examination.
The work of exposing and recovering shall not entail expense to the
City.
(3) When the City Engineer finds that any grading site
or portion thereof has become a hazard to life or limb, health or
safety of the persons in or around the site, he shall, by written
notice, direct that the site, by a time specified in said notice,
be restored to a condition of stability or safety. No person shall
occupy the site in question until the hazard has been rectified to
the satisfaction of the City Engineer and notice of approval has been
received in writing from him.
(4) The permittee or his agent shall notify the office
of the City Engineer when the grading operation is ready for each
of the following inspections:
(a)
When the permittee is ready to begin work, but
before any grading or grubbing has started.
(b)
Toe inspection: after the natural ground is
exposed and prepared to receive fill, but before fill is placed.
(c)
Excavation or fill inspection: after the excavation
or fill has started, but before the vertical depth exceeds ten (10)
feet.
(d)
Drainage device inspection: after forms and
pipe are in place, but before any concrete has been placed.
(e)
Rough grading: when all rough grading has been
placed.
(f)
Final: when all work, including installation
of all drainage structures, retaining walls and other protective devices,
has been completed according to the approved plans.
(g)
Other inspections. In addition to the called
inspections specified above, the inspector may make any other inspections
of any of the work to ensure compliance with the provisions of this
chapter.
(5) If the inspector finds the soil or other conditions
not as stated in the application for a stormwater, grading, and erosion
permit, he may refuse to approve further work until approval is obtained
for a revised grading plan which will conform to the existing conditions.