For the purpose of promoting the safety, health
and general welfare of the residents of the City of Albany, it is
hereby declared to be the policy of the City to prevent all manner
of commercial excavations which create a danger to health and life
caused by steep slopes, deep excavations remaining in the ground,
exposure of the bare earth to wind action, erosion by surface water
drainage, the creation of pools of water and excavation operations
which create dangerous dust or mud conditions.
Before any excavation is commenced or continued for any purpose, the owner, lessee, or agent of the premises shall obtain a written permit therefor from the City Engineer. A mining operation shall be considered minor in nature when the total area to be mined on a specified parcel of land does not exceed one acre and the depth of excavation does not exceed ten (10) feet. All other mining operations shall be considered as major operations. Grading operations not included in either of these categories shall be subject to the provisions of Articles I and II of this chapter.
A.
Permit for minor operation. The applicant shall file
with the City Engineer a statement of the nature and extent of the
work proposed to be done, including a sketch of the area to be affected,
the kinds of materials to be removed, structures to be erected, if
any, the manner in which it is proposed to do the work, and the period
of time required to do such work. The number and type of trucks and
other machinery to be used on the site shall be listed.
B.
Permit for major operation. The applicant shall file
with the City Engineer a detailed statement of the proposed work,
together with a plan prepared by a duly licensed engineer or land
surveyor of the State of New York setting forth in detail the following
information:
(1)
A detailed statement of the nature and extent of the
work proposed to be done, including the number of acres to be affected,
the kinds of materials to be removed, structures to be erected, if
any, the manner in which it is proposed to do the work and the period
of time required to do such work. The number and types of trucks and
other machinery to be used on the site shall be listed.
(2)
An area map drawn to a scale of not larger than one
(1) inch to eight hundred (800) feet showing all land proposed to
be mined, all contiguous land which is or has been used by the owner
or applicant for mining or other related uses, all lands within two
thousand (2,000) feet of the proposed mining area, including all public
lands, and all public and private roads with the access roads to the
property designated as such. Site plan at a scale of not larger than
one (1) inch to one hundred (100) feet showing boundary of the entire
planned mining area by courses and distances, site topography and
natural features at a two-foot contour interval to include the location
of watercourses within the mining area and two hundred (200) feet
from the boundary of the project. The names of all adjoining property
owners and existing structures should also be indicated. Test borings
shall be taken within the planned mining area and their locations
shown on the site plan. The written soils report shall be submitted
with the application. Groundwater elevations at the borings will be
indicated on the map as well as the average thickness of the overburden.
If the mining is planned to be executed in phases, the limits of each
phase should be indicated along with the anticipated time of completion.
A rehabilitation plan showing both existing and proposed final contours
after operations are completed shall be submitted.
C.
The site plan shall be reviewed by the City Engineer
and the site inspected by him or his authorized representative prior
to the issuance of any permit.
A.
No pit or bank excavation shall be made within 50
feet of the outside property line of the area affected by the permit
application.
B.
Where any open excavation will have a depth of 10
feet or more and a slope greater than one vertical on two horizontal
there shall be a fence of a height of six feet, with suitable gates
where necessary, effectively blocking access to the area in which
such excavation is located. Such fence shall be located 50 feet or
more from the edge of the excavation.
C.
Bank excavation will be permitted within 200 feet
of a public roadway when the depth of excavation does not go below
the elevation of the road.
D.
The slope of material in any excavation shall not
exceed the normal angle of repose or 45º, whichever is lesser.
E.
Access roads shall be paved or treated to protect
the surrounding areas from windblown sand or dust.
F.
At all stages of the operation, proper drainage shall
be provided to prevent the collection and stagnation of water and
prevent harmful effects on surrounding properties.
G.
After any such operation the site shall be made reusable for a use permitted in the district. Where topsoil is removed, sufficient arable soil shall be respread over the premises after the operation. The area shall be brought to final grade by a layer of earth three inches in depth capable of supporting vegetation. Fill shall be of suitable material approved by the City Engineer and shall be placed as described in Article II of this chapter.
H.
The applicant is responsible for material spilled
or tracked onto public roads and will be required to clean such streets
using a combination of mechanical vehicles and hand labor as may be
necessary to perform the required cleaning to the satisfaction of
the City Engineer.
I.
The applicant shall load his trucks carefully to minimize
spillage.
A.
At the time site plan approval is granted, the City
Engineer may, at his discretion, require that the applicant post a
bond in the amount to be determined by him sufficient to secure the
rehabilitation of the site in accordance with the approved site plan.
Such bond shall be approved by the City Engineer as to form, sufficiency
and manner of execution and shall run for the same term as the term
of the site plan approval.
C.
Permits shall be issued for a period of up to two years. Should excavation and processing continue beyond this time limit, review of the original application and compliance with the same will be considered by the City Engineer before issuance of another permit. Minor operations shall be permitted to continue beyond the one-acre limitation if areas previously excavated are restored as described in § 211-21G.
D.
The applicant shall pay a fee of $35 for a minor operation
or a fee of $250 for a major operation before any permit or renewal
thereof may be issued.
[Amended 5-19-2008 by Ord. No. 25.42.08]
The City Engineer reserves the right to waive
any of the above requirements or require additional restrictions if,
in his judgment, the safety and best interests of the people of the
City of Albany will be protected by such adjustments.
The City Engineer may cancel the permit for
mining if there is any violation of the above regulations. If such
an action is taken, the applicant immediately forfeits the performance
bond for rehabilitation of the site.
If any clause, sentence, paragraph, section
or part of these regulations shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall be confined in its
operation to the clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall
have been rendered.
This chapter shall supersede any existing ordinance
theretofore enacted which is in conflict with or contrary to the provisions
of this chapter.
A.
Diagrams for interceptor terrace and horizontal bench,
interceptor terrace and down-drain detail attached hereto as Appendix
1, 2 and 3, respectively, are made part hereof.
B.
Forms for application for minor commercial mining
operations, major commercial mining operations and stormwater, grading,
and erosion permit attached as Appendix 4, 5 and 6, respectively,
are made part hereof.
[Amended 5-15-2017 by Ord. No. 26.31.17]
[1]
Editor's Note: The diagrams referred to in
this section are included at the end of this chapter.
