Title 12
SURFACE WATER
Chapters:
12.01 GENERAL PROVISIONS
12.01.010 Intent and purpose.
12.01.020 Objectives.
12.01.030 Abbreviations.
12.01.040 Definitions.
12.01.050 Applicability.
12.01.060 Responsibility for administration.
12.01.070 Severability.
12.01.080 Ultimate responsibility of the discharger.
12.10 PROHIBITED DISCHARGES
12.10.010 Illegal discharges.
12.10.050 Illicit connections.
12.10.070 Waste disposal prohibitions.
12.10.080 Watercourse protection.
12.10.090 Discharges in violation of industrial or construction activity NPDES stormwater discharge permit.
12.10.100 Notification of spills.
12.10.120 Requirement to eliminate illegal discharges.
12.10.140 Requirement to eliminate illicit connections.
12.10.143 Requirement to remediate.
12.10.147 Requirement to monitor and analyze.
12.10.150 Suspension of access.
12.10.160 Damage to the stormwater system.
12.20 PERMITS FOR CONNECTION OR CONSTRUCTION
12.20.010 Permits required.
12.20.020 Approval of drawings.
12.20.030 Construction to conform to standards.
12.20.040 Inspection, approval of construction.
12.20.050 Connection to stormwater mains.
12.20.060 Extension of stormwater systems.
12.20.070 Tapping of manholes.
12.30 STORMWATER MANAGEMENT FEES
(Reserved)
12.35 GRADING
12.35.010 Grading – When permits are required.
12.35.020 Grading – General provisions.
12.35.030 Grading – Permit procedure.
12.35.040 Grading – Notification of adjacent property owners.
12.35.050 Grading – Approval standards.
12.35.060 Grading – Permits shall be tentative pending resolution of appeals.
12.35.070 Grading – Standing to appeal.
12.35.080 Grading – Appeal procedure.
12.35.090 Grading – Fees.
12.35.100 Removal of excavation, embankment or fill required when determined to be a hazard.
12.40 EROSION PREVENTION AND CONTROL
(Reserved)
12.50 CONNECTIONS OF UNASSESSED PROPERTIES (Repealed)
12.60 FLOODPLAIN PRESERVATION AND MANAGEMENT
(Reserved)
12.70 STREAM BUFFERS/RIPARIAN ZONE PROTECTION – OPEN WATERWAYS
(Reserved)
12.80 ENFORCEMENT
12.80.010 Notice of violation.
12.80.020 Compliance schedule.
12.80.030 Appeal.
12.80.040 Abatement by City.
12.80.050 Recovery of abatement costs.
12.80.060 Immediate abatement.
12.80.070 Penalties for violations.
12.80.080 Compensatory action.
12.80.090 Violations deemed a public nuisance.
Chapter 12.01
GENERAL PROVISIONS
Sections:
12.01.010 Intent and purpose.
12.01.020 Objectives.
12.01.030 Abbreviations.
12.01.040 Definitions.
12.01.050 Applicability.
12.01.060 Responsibility for administration.
12.01.070 Severability.
12.01.080 Ultimate responsibility of the discharger.
12.01.010 Intent and purpose.
The intent and purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the City of Albany and to protect and enhance the water quality and natural functions of watercourses and water bodies through the regulation of stormwater discharges; to set forth uniform requirements for direct and indirect contributors to the stormwater system; and to enable the City of Albany to comply with applicable state and federal laws. (Ord. 5498 § 1, 2001).
12.01.020 Objectives.
The objectives of this chapter are:
(1) To prevent the introduction of pollutants into the municipal stormwater system, into receiving waters, waters of the State, and the environment;
(2) To prohibit illicit connections and discharges to the stormwater system;
(3) To protect, maintain and restore the integrity of waterways for their natural functions;
(4) To prevent and control non-point source pollution, land surface erosion, sedimentation, and stream channel erosion;
(5) To limit the effect of land-disturbing activities on the waters of the State;
(6) To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this chapter;
(7) To authorize the collection of in-lieu-of-assessment fees for properties that have not participated in the cost of constructing public stormwater facilities;
(8) To authorize the imposition of a systems development charge fee and user charges for the construction, operation, and maintenance of stormwater system and facilities;
(9) To protect and maintain the functions and values of areas within floodplains. (Ord. 5498 § 1, 2001).
12.01.030 Abbreviations.
(1) “ENR” means “Engineering News Record.”
(2) “NPDES” means “National Pollutant Discharge Elimination System.” (Ord. 5498 § 1, 2001).
12.01.040 Definitions.
(1) “City” means the City of Albany, a municipal corporation of the State of Oregon.
(2) “City Manager” means the person chosen by the Albany City Council to meet the requirements of Section 22 of the Albany Charter or such person as may be designated by the City Manager to act in his/her name and capacity.
(3) “Clean Water Act” means the federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and any subsequent amendments thereto.
(4) “Director” means the person, or the duly authorized representative, designated by the City Manager to supervise the Public Works Department and who is charged with certain duties and responsibilities by this chapter.
(5) “Discharger” means any person who discharges or causes to be discharged any pollutant into the stormwater system.
(6) “Floodplain” means the relatively flat or lowland area adjoining a river, stream, watercourse, lake, or other water body that has been, or may be, inundated temporarily by floodwater.
(7) “Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(8) “Illegal discharge” means any direct or indirect non-stormwater discharge to the stormwater system, excepted as exempted by AMC 12.10.010.
(9) “Illicit connection” is defined as either of the following:
(a) Any drain or conveyance, whether on the surface or subsurface, that allows an illegal discharge to enter the stormwater system including but not limited to any conveyances that allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the stormwater system and any connections to the stormwater system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or
(b) Any drain or conveyance connected from a commercial or industrial land use to the stormwater system that has not been documented in drawings, maps, or equivalent records and approved by the City.
(10) “Nonpoint source” means causes of water pollution that are not associated with point sources. Examples include: fertilizer/pesticide runoff; sediment runoff from construction; materials from deicing activities (salt or sand). Nonpoint sources may enter a discrete conveyance system and become a point source.
(11) “Non-stormwater discharge” means any discharge to the stormwater system that is not composed entirely of stormwater.
(12) “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.
(13) “Point source” means any discernable, confined, and discrete conveyance, including but not limited to pipes, ditches, channels, tunnels, or conduits, from which pollutants are or may be discharged to a receiving water.
(14) “Pollutant” means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oils; automotive fluids; nonhazardous liquid and solid wastes and yard wastes; any liquid having a temperature that could have an adverse effect on the receiving streams; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal bacteria and pathogens; dissolved and particulate metals; animal wastes; residues that result from constructing a building or a structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.
(15) “Pollution” means the human-made or human-induced alteration of the quality of waters by waste to a degree that unreasonably affects, or has the potential to unreasonably affect the waters of the State.
(16) “Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
(17) “Stormwater system” means any watercourse or facility by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems or ditches, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
(18) “Stormwater” means any surface flow, runoff, and drainage consisting entirely of water from precipitation events.
(19) “Water or waters of the State” means any lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State of Oregon and all other bodies of surface or underground waters, 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.
(20) “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently, and if the latter, with some degree of regularity. Watercourses may be either natural or artificial. (Ord. 5498 § 1, 2001).
12.01.050 Applicability.
This chapter shall apply to all water entering the stormwater system generated on any developed and undeveloped lands unless explicitly exempted by AMC 12.10.010. (Ord. 5498 § 1, 2001).
12.01.060 Responsibility for administration.
The Director shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Director may be delegated in writing by the Director to persons or entities acting in the beneficial interest of or in the employ of the City. (Ord. 5498 § 1, 2001).
12.01.070 Severability.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of the chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter. (Ord. 5498 § 1, 2001).
12.01.080 Ultimate responsibility of the discharger.
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into the waters of the State caused by said person. This chapter shall not create liability on the part of the City of Albany, or any agent or employee thereof for any damages that result from any discharger’s reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 5498 § 1, 2001).
Chapter 12.10
PROHIBITED DISCHARGES
Sections:
12.10.010 Illegal discharges.
12.10.050 Illicit connections.
12.10.070 Waste disposal prohibitions.
12.10.080 Watercourse protection.
12.10.090 Discharges in violation of industrial or construction activity NPDES stormwater discharge permit.
12.10.100 Notification of spills.
12.10.120 Requirement to eliminate illegal discharges.
12.10.140 Requirement to eliminate illicit connections.
12.10.143 Requirement to remediate.
12.10.147 Requirement to monitor and analyze.
12.10.150 Suspension of access.
12.10.160 Damage to the stormwater system.
12.10.010 Illegal discharges.
No person shall cause any pollutant to be discharged to any waters of the State or cause any pollutant to be placed in a location where such pollutant is likely to escape or be carried into the stormwater system and by said stormwater systems into the waters of the State.
The commencement, conduct, or continuance of any illegal discharge is prohibited except as described as follows:
The prohibition shall not apply to any non-storm discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of Oregon under the authority of the Federal Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided the written approval has been granted by the City of Albany for any discharge to the stormwater system. (Ord. 5498 § 1, 2001).
12.10.050 Illicit connections.
No person shall construct, use, maintain, or allow the continued existence of an illicit connection to the stormwater system. Existing illicit connections are expressly prohibited, without limitation, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (Ord. 5498 § 1, 2001).
12.10.070 Waste disposal prohibitions.
No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, maintained, or kept in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the stormwater system, or waters of the State, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. (Ord. 5498 § 1, 2001).
12.10.080 Watercourse protection.
Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that would pollute, contaminate, or retard the flow of water through the watercourse. In addition, the owner or lessee shall remove or maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. No person shall remove native vegetation in the vicinity of a watercourse except where it poses an imminent hazard to human health and safety or nearby structures. No person shall remove vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. Within the limits established through any required state or federal permits, the property owner or lessee shall maintain and stabilize the banks of the watercourse within their property lines in order to protect against erosion and degradation of the watercourse. Watercourse banks shall be stabilized using planted vegetation and natural materials instead of hard materials (e.g., concrete, asphalt, rock, logs, lumber, etc.) wherever practicable. (Ord. 5498 § 1, 2001).
12.10.090 Discharges in violation of industrial or construction activity NPDES stormwater discharge permit.
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause. (Ord. 5498 § 1, 2001).
12.10.100 Notification of spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials that is resulting in or may result in illegal discharges or pollutants discharging into stormwater, the stormwater system, or waters of the State, said person shall take all necessary steps to ensure the discovery, immediate notification, containment, and cleanup of such release.
(1) In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the Public Works Department immediately in person or by telephone. Notification of the emergency response agencies or the Public Works Department does not relieve the discharger of their responsibility to also notify appropriate state and federal agencies.
Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the City of Albany Public Works Director within five business days of the original notice. The notice shall include a detailed written statement submitted by the discharger describing the causes of the discharge, measures taken to mitigate the spill, and the measures taken to prevent any future occurrence.
If the discharge emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
(2) The person responsible for the discharge of pollutants or hazardous materials to the environment shall be responsible for all cleanup costs. All related City expenses including, but not limited to, costs for identification, hazard assessment, and containment shall also be fully reimbursed.
(3) In general, reimbursement costs are those incident costs that are eligible, reasonable, necessary, and allocable to the incident. Costs allowable for reimbursement may include, but are not limited to:
(a) Disposable materials and supplies provided, consumed and expended specifically for the purpose of the incident for which reimbursement is being requested;
(b) Compensation of the employees for the time devoted specifically to the incident;
(c) Rental or leasing of equipment used specifically for the incident;
(d) Replacement costs for equipment or property owned by the City that is contaminated or damaged beyond reuse or repair;
(e) Decontamination of equipment that was used during the incident;
(f) Special technical services required for the incident; and
(g) Laboratory expenses for the purpose of analyzing samples taken during the incident. (Ord. 5498 § 1, 2001).
12.10.120 Requirement to eliminate illegal discharges.
The Director may require, by written notice, that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges. (Ord. 5498 § 1, 2001).
12.10.140 Requirement to eliminate illicit connections.
The Director may require, by written notice, that a person responsible for an illicit connection to the stormwater system immediately, or by a specified date, comply with the requirements of this chapter to eliminate the connection, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter.
If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person’s expense. (Ord. 5498 § 1, 2001).
12.10.143 Requirement to remediate.
Whenever the Director finds that an illegal discharge is taking place or has occurred that will result in or has resulted in pollution of stormwater, the stormwater system, or waters of the State, the Director may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of AMC 12.80.010 through 12.80.090. (Ord. 5498 § 1, 2001).
12.10.147 Requirement to monitor and analyze.
The Director may require, by written notice, that any person engaged in any activity and/or owning or operating any facility that may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the stormwater system or waters of the State, to undertake at said person’s expense such monitoring and analyses and furnish such reports to the City of Albany as deemed necessary to determine compliance with this chapter. (Ord. 5498 § 1, 2001).
12.10.150 Suspension of access.
The City of Albany may, without prior notice, suspend access to the stormwater system when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, to the stormwater system, or waters of the State.
If the violator fails to comply with a suspension order, the City of Albany may take such steps as deemed necessary to prevent or minimize damage to the stormwater system, prevent or minimize danger to the environment, or to prevent or minimize danger to persons. (Ord. 5498 § 1, 2001).
12.10.160 Damage to the stormwater system.
When a discharge causes obstruction, damage, or other impairment to the stormwater system, the Director may assess a charge against the discharger for the work required to clean or repair the facility. If the discharger fails to pay said charge, the costs to clean or repair the facility may be assessed against the property pursuant to AMC 12.80.050. (Ord. 5498 § 1, 2001).
Chapter 12.20
PERMITS FOR CONNECTION OR CONSTRUCTION
Sections:
12.20.010 Permits required.
12.20.020 Approval of drawings.
12.20.030 Construction to conform to standards.
12.20.040 Inspection, approval of construction.
12.20.050 Connection to stormwater mains.
12.20.060 Extension of stormwater systems.
12.20.070 Tapping of manholes.
12.20.010 Permits required.
Prior to commencing any work on a building storm drain or public stormwater system, all applicable permits from the City of Albany and other agencies must be secured and all associated permit fees paid in full. The permits necessary may include, but are not limited to, a plumbing permit, a permit to construct public facilities, and an encroachment permit. The permit shall set forth at what point the connection is to be made, the location, size of facility, type of construction, and other details as the Director or his/her designee may reasonably require. (Ord. 5498 § 1, 2001).
12.20.020 Approval of drawings.
Drawings for all public stormwater systems shall be approved by the Director or his/her designee prior to construction. Unless otherwise approved by the Director, such drawings shall conform to applicable stormwater system master plans as well as City of Albany Standard Construction Specifications. Such approval shall be required in addition to any other approval required by State law. (Ord. 5498 § 1, 2001).
12.20.030 Construction to conform to standards.
All public stormwater systems, whether publicly or privately constructed, shall conform to City of Albany Standard Construction Specifications and the City of Albany Design Standards with regard to legal and design requirements, materials, and workmanship. Failure to meet tests for performance and workmanship shall be grounds for refusal of acceptance by the City. Permits to connect to stormwater systems that have not been accepted will not be issued until the system has been approved and accepted. (Ord. 5498 § 1, 2001).
12.20.040 Inspection, approval of construction.
Reasonable notice and access shall be given to allow inspection of all work in connection with the construction or reconstruction of any public stormwater facilities. Use of the stormwater facilities will not be allowed until the building storm sewer and the public improvement receives final approval. (Ord. 5498 § 1, 2001).
12.20.050 Connection to stormwater mains.
Piped storm drain connections shall be made only to the single wye branch designated for use by the connecting property. If no wye is available, connection shall be made by tapping the stormwater main line in accordance with City Standard Construction Specifications and only after securing all necessary permits and paying all required permit fees. (Ord. 5498 § 1, 2001).
12.20.060 Extension of stormwater systems.
The following rules shall apply to all stormwater system extensions:
(1) The minimum size of stormwater mains or other stormwater system components to be installed shall be in conformance with the most recent version of the City of Albany Design Standards where a larger size is not needed to provide an adequate system, conform with the size of the existing system, meet future needs, or conform to the size specified by the City of Albany’s stormwater system facility plan.
(2) All stormwater system facilities serving more than one property shall be public, installed in public rights-of-way or public utility easements. The normal routing for stormwater system extensions shall be in a dedicated right-of-way.
(3) All stormwater system extensions shall extend to the extreme property line of the development or lot. If the property has excess frontage on the right-of-way and only partial development is to occur, then some consideration may be given to shortening the initial extension, provided sufficient assurance is given to ensure the completion of the extension at the time other development occurs. Where systems are being extended into the interior of a property or development, the systems shall be extended through to the boundaries of the property at all such points as shall be needed to provide current or future service to adjacent properties. (Ord. 5498 § 1, 2001).
12.20.070 Tapping of manholes.
Tapping of building storm drains directly into manholes is prohibited except where shown in construction drawings that have been approved by the Director or his/her designee. (Ord. 5498 § 1, 2001).
Chapter 12.30
STORMWATER MANAGEMENT FEES
(Reserved)
Chapter 12.35
GRADING
Sections:
12.35.010 Grading – When permits are required.
12.35.020 Grading – General provisions.
12.35.030 Grading – Permit procedure.
12.35.040 Grading – Notification of adjacent property owners.
12.35.050 Grading – Approval standards.
12.35.060 Grading – Permits shall be tentative pending resolution of appeals.
12.35.070 Grading – Standing to appeal.
12.35.080 Grading – Appeal procedure.
12.35.090 Grading – Fees.
12.35.100 Removal of excavation, embankment or fill required when determined to be a hazard.
12.35.010 Grading – When permits are required.
Grading permits are not required by the City of Albany for grading activities (including excavation and fill) within the City limits, except in the following circumstances:
(1) When any grading is proposed in floodplains. Floodplains are those areas subject to inundation from a 100-year flood and identified on federal Flood Insurance Rate Maps (FIRMs) and Floodway Maps by the letter A, A1 – A30, AE, or AO.
(2) When any grading is proposed in any watercourse shown in the City of Albany Drainage Master Plan, in any watercourse receiving drainage from a pubic roadway, or in any watercourse lying within a public easement or right-of-way. A watercourse is any natural or artificial stream, river, creek, ditch, drainageway, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or flood water.
(3) When placement of a structure is proposed in a watercourse shown in the City of Albany Drainage Master Plan, or within a public easement or right-of-way.
(4) When grading involving more than 50 cubic yards is proposed in areas that have an average slope of 12 percent or greater.
(5) When grading is proposed over an existing public storm drain, sanitary sewer, or waterline. This does not include grading authorized under a public works contract awarded by the City of Albany, grading approved as part of a permit to construct public facilities as provided in Chapter 15.06 AMC, or grading conducted by City of Albany maintenance forces.
(6) Notwithstanding any of the foregoing, a grading permit is not required in any of the following circumstances:
(a) Grading incidental to a valid building permit and excavation below grade for basements, foundations, or footings for retaining walls or other structures authorized by a valid building permit;
(b) Construction of driveways or underground utilities;
(c) Grading or landscaping when less than 50 cubic yards of earth is moved;
(d) Grading or excavation associated with public works projects, roads, public ways, graves, or work controlled by other processes or regulations, such as wells, tunnels, utilities, or disposal sites;
(e) Minor adjustments in active grading permits or applications when necessary in order to adhere to City requirements or good engineering practices;
(f) Grading or excavation determined by the Public Works Director or designee to be in substantial compliance with the intent of the grading ordinance. Such a determination shall be appealable to the City Council. In the event of such an appeal, the decision of the City Council shall be final. (Ord. 5647 § 1 (Exh. E), 2006; Ord. 5328 § 1, 1997; Ord. 5265 § 4, 1996. Formerly 18.04.015).
12.35.020 Grading – General provisions.
The rules prescribed in this chapter shall apply to all lands within the City limits of the City of Albany.
(1) Compliance. No excavation or grading operation shall hereafter be performed, or existing graded lot altered, without full compliance with the terms of this chapter and other applicable regulations.
(2) Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other chapters conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(3) Relationship to Permits Required by State or Federal Agencies. Excavation, grading, and fill activities may require state and/or federal permits. Such permits are likely to be required if hydric soils are present on the site or if the site contains other wetland characteristics. The issuance of a permit by the City of Albany under this chapter does not eliminate the need for compliance with other state, federal, or local regulations.
(4) Warning and Disclaimer of Liability. The issuance of a permit by the City of Albany under this chapter constitutes a determination that the applicant has met the minimum requirements for the City’s regulatory purposes. Issuance of a permit does not relieve the permit holder from any responsibilities or liabilities that grading, excavation or fill activities may create if third parties are damaged or injured by such actions. (Ord. 5647 § 1 (Exh. E), 2006; Ord. 5265 § 4, 1996. Formerly 18.04.020).
12.35.030 Grading – Permit procedure.
Application for a grading permit shall be made to the Public Works Director or designee. The Public Works Director or designee shall provide the application forms. (Ord. 5647 § 1 (Exh. E), 2006; Ord. 5265 § 4, 1996. Formerly 18.04.030).
12.35.040 Grading – Notification of adjacent property owners.
The Public Works Director or designee will provide written notice that a grading permit application has been filed to the owners of property adjacent to the property on which the grading is proposed. The list of owners to be notified will be compiled from the most recent property tax assessment roll. This requirement shall be deemed met when the City can provide an affidavit or other certification that such notice was given.
(1) The notice and procedures used by the City will:
(a) Provide a 14-day period for submission of written comments prior to the decision of the Public Works Director or designee concerning whether the grading permit should be issued.
(b) State that issues which may provide the basis for an appeal shall be raised in writing prior to the expiration of the comment period. Issues shall be raised with sufficient detail that the Public Works Director or designee will be able to respond to the issue.
(c) List the approval standards of AMC 12.35.050.
(d) Set forth the street address or other easily understood geographical reference to the subject property.
(e) State the place, date and time that comments are due.
(f) State that copies of all information submitted by the applicant is available for review, and that copies can be obtained at cost.
(g) Include the name and phone number of the City representative to contact for information about the permit application.
(h) Provide that any person who submits comments during the 14-day period referenced above shall receive a notice of the decision of the Public Works Director or designee. The notice of decision will include an explanation of appeal procedures.
(i) Include such other information as the Public Works Director or designee deems appropriate.
(2) The Public Works Director’s or designee’s decision on a grading permit application may be appealed as set forth in AMC 12.35.080. (Ord. 5647 § 1 (Exh. E), 2006; Ord. 5265 § 4, 1996. Formerly 18.04.035).
12.35.050 Grading – Approval standards.
Grading permit applications will be approved if the applicant has shown that each of the following criteria which are applicable have been met:
(1) Provisions have been made to maintain adequate flood carrying capacity of existing watercourses, including future maintenance of that capacity.
(2) No grading will be permitted over an existing public storm drain, sanitary sewer, or water line unless it can be demonstrated to the satisfaction of the City Engineer that the proposed grading will not be detrimental to the anticipated service life, operation and maintenance of the existing utility.
(3) In floodplain areas, where no floodway is shown on the applicable map, grading will not be permitted unless it is demonstrated by the applicant that the cumulative effect of the proposed grading, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
(4) No grading will be permitted in a floodway, except where the applicant has supplied evidence prepared by a professional engineer that demonstrates the proposal will not result in any increase in flood levels during the occurrence of the 100-year flood.
(5) The applicant shall notify the City of Albany, any adjacent community, and the Natural Hazards Mitigation Office of the Oregon Department of Land Conservation and Development of any proposed grading activity that will result in alteration or relocation of a watercourse.
(6) All drainage facilities shall be designed to carry waters to the nearest practicable watercourse approved by the designee as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive downdrains or other devices.
(7) Building pads shall have a drainage gradient of two percent toward approved drainage facilities, unless waived by the Public Works Director or designee; except the gradient from the building pad may be one percent if all of the following conditions exist throughout the permit area:
(a) No proposed fills are greater than 10 feet in maximum depth.
(b) No proposed finished cut or fill slope faces have a vertical height in excess of 10 feet.
(c) No existing slope faces, which have a slope face steeper than 10 horizontal to one vertical, have a vertical height in excess of 10 feet.
(8) In areas that have an average slope of 12 percent or greater, the following requirements also apply:
(a) Cut and fill slopes shall not exceed a two (horizontal) to one (vertical) ratio. Slopes which are steeper (e.g., 1.5:1, or 1:1) may be approved by the Public Works Director or designee, upon certification by a qualified soils engineer or geologist, that the slope will remain stable under foreseeable conditions. The certification must delineate any specific stabilization measures deemed necessary by the soils engineer or geologist. (Ord. 5647 § 1 (Exh. E), 2006; Ord. 5265 § 4, 1996. Formerly 18.04.040).
12.35.060 Grading – Permits shall be tentative pending resolution of appeals.
Grading permits, if approved, shall be “tentative” permits and shall not permit grading action until the permit has become “final.” A grading permit shall become “final” when the time for appeal has passed with no appeal made, or in the event of an appeal, until the appeal has been resolved by the City. (Ord. 5647 § 1 (Exh. E), 2006; Ord. 5265 § 4, 1996. Formerly 18.04.045).
12.35.070 Grading – Standing to appeal.
Only those persons who own property adjacent to the premises on which grading is proposed and who have previously submitted comments in writing to the Public Works Director or designee as provided in AMC 12.35.040(1) shall have standing to appeal the issuance of a grading permit. (Ord. 5647 § 1 (Exh. E), 2006; Ord. 5265 § 4, 1996. Formerly 18.04.046).
12.35.080 Grading – Appeal procedure.
(1) An appeal of the Public Works Director’s or designee’s decision on a grading permit application shall be to the City Council. No appeal shall be timely unless a notice of appeal is actually received at the office of the Public Works Director or designee not later than 14 days after the notice of decision is mailed. The notice of appeal shall contain:
(a) An identification of the decision sought to be reviewed, including the date of the decision.
(b) A statement of the standing of the person seeking review and that he/she submitted written comments to the Public Works Director or designee during the period allowed in AMC 12.35.040(1)(a).
(c) The specific approval standard on which the appeal is based.
(d) If a de novo review is requested, a statement summarizing the new evidence which will be offered and the approval standard to which it will relate.
(2) The person who appeals the Public Works Director’s or designee’s decision has the burden of proof to show that the decision is in error.
(3) The City Council will determine the scope of review on appeal to be one of the following:
(a) Restricted to the record.
(b) Limited to such issues as the City Council determines necessary for a proper resolution of the matter.
(c) A de novo hearing.
(4) The City Council may affirm, remand, reverse, or modify the Public Works Director’s or designee’s decision.
(5) The decision of the City Council shall be final. (Ord. 5647 § 1 (Exh. E), 2006; Ord. 5265 § 4, 1996. Formerly 18.04.047).
12.35.090 Grading – Fees.
(1) A minimum grading plan review fee, applicable to all grading permits, in the amount of $____ is hereby established.
(2) A minimum grading permit fee, applicable to all grading permits, in the amount of $____ is hereby established.
(3) In addition to the minimum fees called for in subsections (1) and (2) of this section, grading fees shall also include any cost incurred by the City and shall include overhead and any costs of outside consultants, inspectors or plan review by the Public Works Director or designee. When services by outside consultants, inspectors or plan reviewers are required by the Public Works Director or designee, an approximate cost of those services shall be collected at either the time of application for the plan review or at the time of issuance of the permit for inspection services. If the fees initially collected are not sufficient to cover the cost incurred by the City, adjustments to the fees owed the City may be made at the time of permit issuance or prior to final approval of the permitted work.
(4) An appeal fee in the amount of $____ is hereby established. (Ord. 5647 § 1 (Exh. E), 2006; Ord. 5265 § 4, 1996. Formerly 18.04.048).
12.35.100 Removal of excavation, embankment or fill required when determined to be a hazard.
If the Public Works Director or designee determines that any excavation, embankment, or fill on private property has become a hazard, he/she may order the hazard abated by the owner or responsible party. The owner of the property upon which the excavation or fill is located, or the responsible party, upon receipt of notice in writing, shall repair or eliminate such excavation or embankment so as to eliminate the hazard. (Ord. 5647 § 1 (Exh. E), 2006; Ord. 5265 § 4, 1996. Formerly 18.04.049).
Chapter 12.40
EROSION PREVENTION AND CONTROL
(Reserved)
Chapter 12.50
CONNECTIONS OF
UNASSESSED PROPERTIES
(Repealed by Ord. 5565)
Chapter 12.60
FLOODPLAIN PRESERVATION
AND MANAGEMENT
(Reserved)
Chapter 12.70
STREAM BUFFERS/RIPARIAN ZONE PROTECTION – OPEN WATERWAYS
(Reserved)
Chapter 12.80
ENFORCEMENT
Sections:
12.80.010 Notice of violation.
12.80.020 Compliance schedule.
12.80.030 Appeal.
12.80.040 Abatement by City.
12.80.050 Recovery of abatement costs.
12.80.060 Immediate abatement.
12.80.070 Penalties for violations.
12.80.080 Compensatory action.
12.80.090 Violations deemed a public nuisance.
12.80.010 Notice of violation.
Whenever the Director finds that a person has violated a provision of this chapter, the Director may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or illegal discharges;
(3) That violating discharges, practices, or operations cease and desist;
(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(5) The implementation of source controls or treatment best management practices; and
(6) The submittal of a compliance schedule.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which a compliance schedule for such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore the affected property within the deadlines established by and agreed to in the compliance schedule, the work will be done by the City or a contractor designated by the Director and the expense thereof shall be the responsibility of the violator pursuant to AMC 12.80.040 through 12.80.060. (Ord. 5498 § 1, 2001).
12.80.020 Compliance schedule.
Following a release to the environment, the Director may require the discharger to submit a compliance schedule. This schedule will be a detailed outline of actions to be taken to correct, clean, remediate, or restore the environment, structures, or property harmed by the release. The schedule will also address measures to prevent recurrence of the problem. The following conditions shall apply to this schedule:
(1) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the user meeting applicable standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction).
(2) No increment referred to in subsection (1) of this section shall exceed nine months.
(3) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Director.
(4) Any other information as may be deemed by the City to be necessary to evaluate the schedule.
(5) The schedule shall be signed by an executive officer and, when required by the City, a qualified engineer, where applicable. Within 30 days after full evaluation and acceptance of the data furnished, the City shall notify the user of the City’s acceptance or rejection thereof. (Ord. 5498 § 1, 2001).
12.80.030 Appeal.
Notwithstanding the provisions of AMC 12.80.060, any person receiving a notice of violation under AMC 12.80.010 above may appeal the determination of the Director. The appeal must be in writing and must be received by the City Manager within seven days of receipt of the notice of violation. If requested in writing, a hearing on the appeal shall be scheduled before the City Council of the City of Albany, or such Appeal Hearings Officer as the City may appoint for such purpose. The City Manager shall have the authority and discretion to appoint a Hearings Officer or direct the appeal to the City Council. Thereafter, the City Council or the Appeal Hearings Officer may render its decision based upon the record of the hearing on the notice of violation, grant an additional hearing to take additional evidence, or conduct a de novo hearing.
The City Council, or Appeal Hearings Officer, in consultation with the City Attorney, shall establish rules and procedures for the conduct of the appeal in order to accord the discharger minimum due process. The burden of proof, on appeal, shall remain with the City by a preponderance of the evidence. The City Council or Appeal Hearings Officer, shall affirm, reverse, or modify the findings, conclusions, and requirements of the notice of violation and shall serve its decision, in writing, upon the discharger. The decision of the City Council or Appeal Hearings Officer shall be final. (Ord. 5498 § 1, 2001).
12.80.040 Abatement by City.
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or in the event of an appeal under AMC 12.80.030, within 10 days of the decision of the City Council or Appeal Hearings Officer upholding the decision of the Director, then the City or a contractor designated by the Director shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above. (Ord. 5498 § 1, 2001).
12.80.050 Recovery of abatement costs.
(1) Within 30 days after abatement of the nuisance by City, the Director or his designee shall prepare a recap of all costs incurred to abate the nuisance, including administrative costs.
(2) A summary of costs shall be mailed by registered or certified mail to the same person or persons to whom the notice of violation was sent per AMC 12.80.010, or their successors in title, and shall advise of the City’s intent to assess said costs against the real property and shall further advise the owner/owners of their right to a hearing before the City Council prior to assessment upon receipt by the Director, within 15 days of the date of mailing, of a written request for a hearing.
(3) If the costs of abatement are not paid to the City within 30 days from the date of the mailing of the summary of costs, said summary shall be presented to the City Council and if the Council finds said costs to be reasonable, the Council shall pass an ordinance directing the amount of said costs be entered in the docket of City liens; and upon such entry being made, said costs shall constitute a lien upon the property in question. Prior to passing said ordinance, the Council will afford the property owner/owners a right to be heard by the Council if a written request for hearing has been received by the Director within 30 days of the date of mailing of the aforesaid summary of costs.
(4) The lien shall be enforced and shall bear interest at a rate to be determined by the Council at the time of the ordinance referred to above. The interest shall commence from the date of entry of the lien in the lien docket and shall have priority over all other liens and assessments to the maximum extent permitted by law.
(5) An error in the name of the property owner/owners/agents shall not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property. (Ord. 5498 § 1, 2001).
12.80.060 Immediate abatement.
The Director is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the environment or the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the Director, the City of Albany is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the City of Albany shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the City from seeking other and further relief authorized under this chapter. (Ord. 5498 § 1, 2001).
12.80.070 Penalties for violations.
(1) It shall be a misdemeanor punishable under the general penalty provisions of Chapter 1.04 AMC for any person to violate any provision or fail to comply with any of the requirements of this chapter. The maximum fine or penalty imposed by the municipal court shall be no less than $250.00 for each violation and no part of the fine shall be suspended. Each day upon which a violation occurs or continues shall constitute a separate violation.
(2) The City may commence an action for appropriate legal and/or equitable relief in the appropriate local court to enforce the penalty or remedy imposed by the City hereunder. (Ord. 5498 § 1, 2001).
12.80.080 Compensatory action.
In-lieu-of enforcement proceedings, penalties, and remedies authorized by this chapter, the Director may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. (Ord. 5498 § 1, 2001).
12.80.090 Violations deemed a public nuisance.
In addition to the enforcement processes and penalties herein before provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the environment, public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the City at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the City. (Ord. 5498 § 1, 2001).
