Chapter 12.45
POST-CONSTRUCTION STORMWATER QUALITY

Sections:

12.45.010    Design and construction standards.

12.45.020    Applicability of post-construction stormwater quality requirements.

12.45.030    Permit required.

12.45.040    Permit exemptions.

12.45.050    Application for a permit.

12.45.060    Permit transfer.

12.45.070    Permit duration.

12.45.080    Post-construction stormwater quality plan required.

12.45.090    Relationship to Chapter 15.06 AMC, Private construction of public improvements.

12.45.100    Permit fees required.

12.45.110    Transfer of landscaping responsibility to City.

12.45.120    Authorization for private stormwater facilities operation and maintenance agreements.

12.45.130    Private stormwater facilities operation and maintenance agreements required.

12.45.140    Completion of construction.

12.45.150    Right of entry – Inspection and testing.

12.45.160    Continuing obligations of owners and entities using, occupying, or controlling subject property.

12.45.170    Unlawful conduct.

12.45.010 Design and construction standards.

The engineering standards and construction standards adopted under AMC 15.06.050 provide the design and construction criteria for private and public post-construction stormwater quality facilities required under this chapter. In the event that any provisions of the engineering standards and/or construction standards are in conflict with any section of this chapter, the provisions of this chapter will govern. (Ord. 5841 § 3, 2014).

12.45.020 Applicability of post-construction stormwater quality requirements.

Property owners engaged in development or redevelopment projects, or who have said projects occurring on their property, that require a post-construction stormwater permit in this chapter shall install permanent post-construction stormwater quality facilities. (Ord. 5841 § 3, 2014).

12.45.030 Permit required.

A post-construction stormwater quality permit shall be obtained for all new development and/or redevelopment projects on a parcel(s) equal to or greater than one acre, including all phases of the development. (Ord. 5841 § 3, 2014).

12.45.040 Permit exemptions.

(1) A development may be exempted from the requirement of AMC 12.45.030 when one or more of the following conditions exist:

(a) The development is for the construction of not more than three single-family or duplex dwelling(s) on an existing lot(s) of record.

(b) The development creates and/or replaces less than 8,100 square feet of impervious surface, cumulatively.

(c) The Director has determined that physical characteristics of the site (including current development) make effective on-site construction of the facilities impractical; and that an off-site post-construction stormwater quality fee has been paid per AMC 12.45.100.

(d) The Director has determined that the site topography or soils makes it impractical or ineffective to construct the facilities on site or within planned improvements in the public right-of-way; and that an off-site post-construction stormwater quality fee has been paid per AMC 12.45.100.

(e) The proposed development activity is being constructed under a valid land use approval where the application for said development activity was submitted prior to January 1, 2015. (Ord. 5841 § 3, 2014).

12.45.050 Application for a permit.

To obtain a permit, the property owner shall apply to the City of Albany Public Works Department. Every such application shall:

(1) Identify and describe the work to be covered by the permit; and

(2) Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitively locate the proposed work; and

(3) Be accompanied by a post-construction stormwater quality plan conforming to the requirements of AMC 12.45.080; and

(4) Identify the person(s) or entity(ies) performing the development activity and constructing the post-construction stormwater quality facilities; and

(5) Provide a 24-hour emergency contact person and phone number; and

(6) Be signed by the owner of the property upon which the development activities will occur; and

(7) Contain a statement of financial responsibility for damages resulting from noncompliance with post-construction stormwater quality permit requirements, should any such occur; and

(8) Be accompanied by the applicable fees described in AMC 12.45.100. (Ord. 5841 § 3, 2014).

12.45.060 Permit transfer.

Post-construction stormwater quality permits shall be obtained by the property owner for the property upon which the development activities will occur.

(1) A post-construction stormwater quality permit may not be transferred to any person(s) or entity except upon transfer of title for the property.

(2) The person(s) or entity obtaining title to a property with an active post-construction stormwater quality permit shall apply for transfer of the existing permit, or shall obtain a new post-construction stormwater quality permit.

(3) The property owner transferring title for a property with an active post-construction stormwater quality permit shall notify the new owner(s) of the requirements of subsection (2) of this section.

(4) The most recent post-construction stormwater quality permit for a property will supersede all other post-construction stormwater quality permits that apply to that property. (Ord. 5841 § 3, 2014).

12.45.070 Permit duration.

(1) Post-construction stormwater quality permits issued under this title will be valid for a period of one year.

(2) Prior to the expiration of a post-construction stormwater quality permit, the permit holder may present a written request for an extension to the Director. If the Director determines an extension is warranted, up to a 12-month extension may be granted. Extensions will be subject to the applicable fees described in AMC 12.45.100. (Ord. 5841 § 3, 2014).

12.45.080 Post-construction stormwater quality plan required.

Applicants for a post-construction stormwater quality permit shall submit as a part of their permit application a post-construction stormwater quality plan. Each plan shall comply with the minimum standards outlined in the engineering standards, construction standards, and the provisions of this chapter. Each post-construction stormwater quality plan shall be reviewed, approved, and stamped by a professional licensed in Oregon as a civil or environmental engineer or landscape architect. (Ord. 5841 § 3, 2014).

12.45.090 Relationship to Chapter 15.06 AMC, Private construction of public improvements.

Permits issued under this chapter to construct post-construction stormwater quality facilities that will be public shall be subject to the requirements for private construction of public improvements as contained in AMC 15.06.090 through 15.06.180.

Where the privately constructed post-construction stormwater quality facilities will be public and constructed coincident with other privately constructed public improvements under Chapter 15.06 AMC, a separate post-construction stormwater quality facilities permit will not be required if the requirements of this chapter are incorporated into the Chapter 15.06 AMC permit. (Ord. 5841 § 3, 2014).

12.45.100 Permit fees required.

Fees applied under this title shall be as adopted by resolution of the Albany City Council. (Ord. 5841 § 3, 2014).

12.45.110 Transfer of landscaping responsibility to City.

Where vegetated post-construction stormwater quality facilities will be public, the owner may make a request to the Director for the City to take responsibility for planting and establishing vegetation.

Approval of this request is at the sole discretion of the Director and, where applicable, must be compatible with the planting option selected for any street trees per the Albany Development Code. If approved, the owner shall pay a fee to the City in lieu of planting per AMC 12.45.100. (Ord. 5841 § 3, 2014).

12.45.120 Authorization for private stormwater facilities operation and maintenance agreements.

(1) The Director is authorized to develop standard private stormwater facilities operation and maintenance agreements and accompanying standard maintenance requirements for incorporation into the engineering standards.

(2) The Director is authorized to enter into private stormwater facilities operation and maintenance agreements on the City’s behalf. (Ord. 5841 § 3, 2014).

12.45.130 Private stormwater facilities operation and maintenance agreements required.

(1) Private stormwater facilities operation and maintenance agreements are required for all private post-construction stormwater quality facilities that require a permit under this chapter.

(2) Private stormwater facilities operations and maintenance agreements shall be recorded at the applicable County Recorder’s Office and shall run with the land.

(3) Redevelopment of a property already operating under a private stormwater facilities operation and maintenance agreement will require execution of a new agreement if the Director determines, in the exercise of reasonable discretion, that the redevelopment is likely to have a material impact upon the operation, maintenance, or effectiveness of the previously approved facilities. (Ord. 5841 § 3, 2014).

12.45.140 Completion of construction.

(1) A requirement to construct stormwater quality facilities shall not be satisfied until the facilities have been determined to be in compliance with all requirements and specifications and formally accepted by the Director.

(2) Unless an exception is granted pursuant to subsection (3) of this section, plats, partitions, certificates of occupancy, or other City permits or approvals which are conditioned upon the completion of post-construction stormwater quality facilities will not be given prior to completion and acceptance by the Director of said facilities.

(3) The Director may, in the exercise of reasonable discretion, waive the requirement of subsection (2) of this section and execute plats, partitions, certificates of occupancy, or other City permits or approvals prior to the completion of post-construction stormwater quality facilities if he/she determines that the public interest so requires. In such an event, the owner shall be required to provide an improvement assurance satisfactory to the Director and the City Attorney guaranteeing timely completion of the aforesaid facilities. Nothing in this subsection shall excuse the requirement that the owner provide a duly executed private stormwater facilities operations and maintenance agreement per AMC 12.45.130 prior to the issuance of any of the approvals enumerated herein. (Ord. 5841 § 3, 2014).

12.45.150 Right of entry – Inspection and testing.

The Director shall be authorized and have the right to inspect all premises, sites, and/or activities covered under an approved post-construction stormwater permit or private stormwater facilities operation and maintenance agreements required under this chapter to determine compliance with this chapter and any rules or orders adopted by the Council or issued pursuant to this chapter.

(1) The Director shall have the right to locate or install on the owner’s property, or require installation of, such devices as are necessary to conduct sampling, inspection compliance, and/or monitoring operations.

(2) Where an owner has security measures in force that require proper identification and clearance before entry into its premises, the owner shall make necessary arrangements so, upon presentation of suitable identification, the Director shall be permitted to enter without delay for the purposes of performing specific responsibilities.

(3) Owner shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under conditions of post-construction stormwater quality permit or private stormwater facilities agreement, and the performance of any additional duties as defined by State and Federal law.

(4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly modified or removed by the owner at the written or verbal request of the Director and shall not be replaced without the consent of the Director. The costs of clearing such access shall be borne by the owner.

(5) Unreasonable delay in allowing the Director access to a facility being developed under a post-construction stormwater quality permit or a facility operating under a private stormwater facilities operation and maintenance agreement is a violation of this title. Any person who denies the Director reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this title commits an offense punishable under the general penalty. (Ord. 5841 § 3, 2014).

12.45.160 Continuing obligations of owners and entities using, occupying, or controlling subject property.

It is unlawful for any entity which exercises control or authority over the maintenance of land, and/or improvements thereto, to fail to comply with the terms of a private stormwater facilities operation and maintenance agreement concerning the property over which they have such rights and/or responsibilities. Any provision of this chapter that creates a responsibility, duty, or obligation on the part of the owner also applies to any entity using, occupying, or in control of the subject property. (Ord. 5841 § 3, 2014).

12.45.170 Unlawful conduct.

(1) It is unlawful to use land for any purpose for which development approval was conditioned, or permitted, upon the operation and maintenance of a private stormwater facilities operation and maintenance agreement without strict compliance with all terms of such agreement.

(2) It is unlawful to alter, damage, or interfere with any public or private post-construction stormwater quality facility without prior written approval from the Director.

(3) Violation of this section is a misdemeanor punishable under the general penalty and a public nuisance which may be enjoined by the City. (Ord. 5841 § 3, 2014).