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.
B. 
If on-site mining or processing operations are not carried out for one year according to the operational plan described in § 211-20A or B, the same will be considered to have been abandoned, and, prior to any further excavation, a new permit will be required.
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.