Chapter 12.40


12.40.010    EPSC manual.

12.40.020    Applicability of EPSC requirements.

12.40.030    Permit required.

12.40.031    Permit exemptions.

12.40.032    Application for a permit.

12.40.033    Permit transfer.

12.40.034    Permit duration.

12.40.040    EPSC plan required.

12.40.050    Commencement of land-disturbing activities restricted.

12.40.090    EPSC fees required.

12.40.010 EPSC manual.

The Public Works Director is authorized to develop, implement, and maintain an erosion prevention and sediment control (EPSC) manual. This manual, and such other resources as the Director may deem necessary, will provide technical guidance for the design, installation, maintenance, and inspection of temporary and permanent erosion prevention and sediment control best management practices. In the event that any provision of the EPSC manual is in conflict with any section of this title, the provisions of this title will govern. (Ord. 5727 § 1, 2010).

12.40.020 Applicability of EPSC requirements.

Persons or entities engaged in land-disturbing activities that require an EPSC permit as described in this chapter shall utilize best management practices as described in the City of Albany Erosion Prevention and Sediment Control Manual, or more effective measures, as necessary to satisfy the requirements of this title. (Ord. 5727 § 1, 2010).

12.40.030 Permit required.

An erosion prevention and sediment control (EPSC) permit shall be obtained for land-disturbing activities affecting an area of 2,000 square feet or greater, cumulatively. (Ord. 5727 § 1, 2010).

12.40.031 Permit exemptions.

(1) The following activities may be exempted from the requirements of AMC 12.40.030:

(a) Land-disturbing activities affecting an area less than 2,000 square feet, cumulatively;

(b) Replacement or re-establishment of an existing lawn on a single lot, not exceeding 10,000 square feet;

(c) Agricultural activities.

(2) Permit exempted activities must meet all requirements of this title, and are subject to the provisions of Chapter 12.80 AMC, as applicable. (Ord. 5727 § 1, 2010).

12.40.032 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;

(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 definitely locate the proposed work;

(3) Be accompanied by an EPSC plan conforming to the requirements of AMC 12.40.040;

(4) Identify the person or entity performing the land-disturbing activity;

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

(6) Be signed by the owner of the property upon which the land-disturbing activities will occur;

(7) Contain a statement of financial responsibility for damages resulting from noncompliance with EPSC requirements, should any such occur;

(8) Be accompanied by the applicable fees described in AMC 12.40.090. (Ord. 5727 § 1, 2010).

12.40.033 Permit transfer.

EPSC permits shall be obtained by the person(s) or entity holding title for the property upon which the land-disturbing activities will occur.

(1) An EPSC 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 EPSC permit shall apply for transfer of the existing EPSC permit, or shall obtain a new EPSC permit.

(3) The person(s) or entity transferring title for a property with an active EPSC permit shall notify the new owner(s) of the requirements of subsection (2) of this section.

(4) The most recent EPSC permit for a property will supersede all other EPSC permits that apply to that property. (Ord. 5727 § 1, 2010).

12.40.034 Permit duration.

(1) EPSC permits issued under this title will be valid for a period of one year, or until land-disturbing activities are completed, and surface conditions stabilized with permanent measures to prevent future erosion as verified by the Director, whichever is shorter.

(2) Prior to the expiration of an EPSC permit, the permit holder may present a written request for an extension to the Director. If, in the opinion of the Director, an extension is warranted, up to a 12-month extension may be granted. Extensions will be subject to the applicable fees described in AMC 12.40.090. (Ord. 5727 § 1, 2010).

12.40.040 EPSC plan required.

Applicants for an EPSC permit shall submit as a part of their permit application an EPSC plan. EPSC plans shall comply with the minimum standards outlined in the City of Albany Erosion Prevention and Sediment Control Manual and the provisions of this title.

(1) Major land-disturbing activities, as defined in the EPSC manual, shall require submission of an EPSC plan prepared by a professional licensed in Oregon as a civil or environmental engineer, landscape architect, geologist, or certified professional in erosion and sediment control (CPESC).

(2) Minor land-disturbing activities, as defined in the EPSC manual, do not require a professional to prepare the EPSC plan. (Ord. 5727 § 1, 2010).

12.40.050 Commencement of land-disturbing activities restricted.

Land-disturbing activities shall not commence until an EPSC permit has been issued. An EPSC permit will not be issued until the following conditions have been met:

(1) An EPSC application has been submitted to the City with an attached EPSC plan;

(2) The applicant’s EPSC plan has been reviewed and received initial approval by the Director;

(3) EPSC BMPs have been installed in accordance with the approved EPSC plan;

(4) The Director has verified condition (3) of this section in an inspection of the site;

(5) The permit holder has modified BMPs or installed additional BMPs as required by the Director following the initial site inspection. (Ord. 5727 § 1, 2010).

12.40.090 EPSC fees required.

Fees applied under this title shall be as adopted by resolution of the Albany City Council. (Ord. 5727 § 1, 2010).