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.
[Amended 4-7-1986]
A.
No person shall grade, excavate or fill any land except
as provided by this chapter. All provisions of this chapter shall
be limitations for protection of life, limb, health, property and
public welfare. If two (2) or more pertinent sections of this chapter
are not consistent, those sections providing the greater safety to
the public, in the opinion of the City Engineer, shall prevail.
B.
The provisions of this chapter shall not govern the
following:
(1)
Work within the public right-of-way, dams and drainage
structures constructed by or under contract with the City Engineer,
Bureau of Public Works or the Department of Water and Water Supply
of the City of Albany.
(2)
Work accomplished under the auspices of and owned
and controlled by the federal government or the State of New York.
(3)
The depositing of rubbish or debris at any landfill
owned or operated by the City of Albany.
As used in this chapter, the following terms
shall have the meanings indicated:
Grading site plans signed and approved by the City Engineer
of the City of Albany, New York.
The City of Albany, New York.
The authorized head of the Bureau of Engineering of the City
of Albany.
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.
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.
An excavation or fill or any combination thereof and shall
include the conditions resulting from any excavation or fill.
The site plans prepared to indicate the proposed grading
operations.
Subsurface water in a zone of saturation.
A line separating parcels of real property having separate
legal descriptions.
Any parcel of land appropriated for the free passage of the
general public.
Any wall resisting the lateral pressure of any retained liquid
or solid.
The flow of water through soil masses caused by gravitational
forces.
A permit required by this chapter.
[Amended 5-15-2017 by Ord. No. 26.31.17]
[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.
[1]
Editor’s Note: Former § 211-5, Scope of permit;
withholding of permit; compliance required, former § 211-6, Obtaining
a permit, and former § 211-7, Plans and specifications, were
repealed 5-15-2017 by Ord. No. 26.31.17.
[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.
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.
A.
Before a stormwater, grading, and erosion permit is
issued, the permittee shall file with the City Engineer a performance
bond for the benefit of the City. The bond shall be executed by the
permittee and a corporate surety authorized to do business in this
state as a surety in an amount sufficient to cover all work included
on the approved plans and specifications.
[Amended 5-15-2017 by Ord. No. 26.31.17]
B.
In lieu of a surety bond, the applicant may file a
cash bond with the City Engineer upon the same terms and conditions
and in an amount equal to that which would be required in the surety
bond.
C.
Where grading is required on property adjacent to
the grading site under permit, to complete a project satisfactorily,
the owner of such adjacent property need not provide an additional
grading bond if the original bond is of sufficient amount to include
such additional grading. The permittee shall obtain all necessary
easements when work is to be performed outside the project boundary.
D.
Said performance bond shall among things cover the
cost of any grading and landscaping to return the land to an approved
condition, to cover the cost of replacing any trees that were to be
saved as shown on the site plan and to cover any costs incurred by
the City in cleaning the streets after the trucks hauling dirt, if
this is not done to the City's satisfaction by the permittee.
E.
Every bond shall be conditioned that the permittee
shall:
(1)
Comply with all the conditions of this chapter and
all other applicable laws.
(2)
Comply with all of the terms and conditions of the
permit to the satisfaction of the City Engineer.
(3)
Complete all of the work contemplated under the permit
within the time limit specified in the permit. Upon application by
the permittee, the City Engineer may, for sufficient cause, extend
the time specified in the permit, but no such extension shall release
any surety upon the bond.
F.
Each surety bond shall be effective on the date of
filing for the permit and shall remain in effect until the completion
of the work to the satisfaction of the City Engineer. Such satisfactory
completion shall be evidenced by written notice, signed by the City
Engineer. In the event of failure to complete the work and failure
to comply with all of the conditions and terms of the permit, the
City Engineer may order the work to be completed as required under
the permit and to his satisfaction. The surety executing such bond,
or such deposit, shall continue to be firmly bound under a continuing
obligation for the payment of all necessary costs and expenses that
may be incurred or expended by the City in causing any and all of
such required work to be done, and that said surety or the depositor
assents to any lawful extension of time within which to construct
and complete such work. In the case of a cash bond, the deposit or
any unused portion thereof shall be refunded to the permittee upon
the issuance of a notice of completion.
G.
The amount of the bond shall be based upon the number
of cubic cards of material in either excavation or fill, whichever
is lesser, as described in the following table:
|
Quantity of Fill or Excavation Material
(which-ever is lesser) (cubic yards)
|
+
|
Difference Between Fill (per cubic yard)
|
+
|
Retaining Walls and Drainage Structures
|
=
|
Total
| |
|---|---|---|---|---|---|---|---|
|
0 to 10,000
$1.00 per cubicyard
|
$1.50
|
Estimate sub mitted on a linear foot basis for
pipe or cubic yard basis for concrete
| |||||
|
10,001 to 100,000 $0.75 per cubic yard
|
$0.75
| ||||||
|
Over 100,000: submit contractor's estimates
for the total job
| |||||||
[1]
Editor’s Note: Former § 211-11, Fees, as amended,
was repealed 5-15-2017 by Ord. No. 26.31.17.
