The City of Albany has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Albany is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Albany will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Albany, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Albany has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
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).
12.45.080 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).
12.45.120 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).
Stormwater Permit Application Forms and Fees