Elephant Butte City Zoning Code

CLEARING AND

GRADING OF LAND

§ 155.050 TITLE.

This subchapter shall be known as the Land Clearing and Grading Ordinance.

(Ord. 57, passed 1-8-2003)

§ 155.051 PURPOSES.

The Land Clearing and Grading Ordinance is designed to promote health, safety, and the general welfare of the community.

(Ord. 57, passed 1-8-2003)

§ 155.052 STATUTORY AUTHORITY AND JURISDICTION.

This subchapter is created and adopted pursuant to the authority set forth in NMSA §§ 3-21-1 through 3-21-11, as amended, and shall be applicable to all property within the corporate limits of the City of Elephant Butte, New Mexico.

(Ord. 57, passed 1-8-2003)

§ 155.053 FINDINGS OF FACT.

(A) Flood hazards. The flood hazard areas of the city are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, public expenditures for flood protection and relief, and impairment of tax base, all of which adversely effect the public health, safety and general welfare.

(B) Flood losses. These flood losses are caused by the cumulative effect of urbanization which increases flood frequency, flood heights, and velocities, and/or the occupancy of flood hazard areas by uses that are vulnerable to floods and hazardous to other lands because they are inadequately flood-proofed, elevated, or otherwise protected from flood damage.

(C) Erosion hazard. There exists within the city, areas which are subject to soil erosion caused by flowing water which results in loss of property, health and safety hazards, disruption of commerce and governmental service, public expenditures for erosion protection and relief, and impairment of the tax base, all of which adversely effect the public health, safety and general welfare.

(D) Erosion losses. These erosion losses are caused by the cumulative effects of urbanization, by inadequately treated flood and drainage facilities, and by uses that allow construction of facilities in areas of erosion hazard.

(Ord. 57, passed 1-8-2003)

§ 155.054 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.

BASE COARSE. Fill with rock from 3/4 inches to 1 inch in diameter with other smaller sized particulate matter.

CHAT. Base coarse-type material sized approximately 1/2 inch in diameter and down.

CITY. The City of Elephant Butte.

CODE ENFORCEMENT OFFICER. The person designated by the Mayor to determine compliance with city ordinances and cite violators.

CRUSHER FINE. A base-coarse-type material sized approximately 3/8 inches in diameter and down.

DEVELOPED LOT. A lot upon which a structure, house or garage or place of business, has been built. The presence of a storage shed only does not make a lot a developed lot.

GRADING. Land excavation, land clearing, filling, disturbance of natural terrain and vegetation, or any combination thereof.

MAYOR. The Mayor of the City of Elephant Butte.

PERSON. In possession of real estate is the person, persons, company, or corporation having the physical responsibility via oral or written contract to perform the grading of the real estate, to include private contractor.

(Ord. 57, passed 1-8-2003)

§ 155.055 REQUIREMENTS FOR CLEARING AND GRADING OF COMMERCIAL LAND.

(A) Zoning permit. Before any clearing and/or grading of commercial land is begun, a zoning permit must be obtained from the city. Grading includes excavation, land clearing, filling, disturbance of natural terrain and vegetation, or any combination thereof.

(B) Unused land. Any graded land not built upon, paved or used for landscaping must be covered with 1 of the following materials to a depth of 3 inches watered and rolled or to a depth of 4 inches:

(1) Base coarse or a material with similar properties;

(2) Crusher fine; and

(3) Other landscape materials that prevent erosion subject to the approval of the city.

(C) Completion of division (B). If no structure is to be erected, coverage in division (B) above must be completed within 30 days of grading.

(D) Erected structure. If a structure is to be erected, coverage in division (B) above must be completed within 30 days after the structure is substantially completed.

(E) Runoff. If land to be graded is not level with the adjacent street, provision must be made to avoid dirt runoff. This erosion control may be provided by rip-rap, retaining walls, and the like.

(F) Barriers. At the discretion of the Mayor or his or her designee, silt fences or straw bale barriers may be required to control blowing sand or flowing water on a temporary basis.

(G) For existing developed lots. No permit is required for maintenance on existing developed lots.

(H) Land rehabilitation. Depleted land resulting from the actions but not limited to excavating, removing, processing, stockpiling or distribution of rock, sand, gravel, clay, pumice, scoria, decomposed granite, or similar materials, shall be rehabilitated.

(1) Grading and backfilling shall be made with non-noxious, non-flammable, non-combustible solids.

(2) Graded or backfilled land shall not collect and permit stagnant water therein, with the exception of ponding areas.

(3) Peaks and depressions of the area shall be reduced to a surface which will result in topography in substantial conformity to the land area immediately surrounding and which will minimize erosion caused by rainfall and run off.

(I) Obtaining a permit prior to work. Failure by the owner, lessor, lessee or person in possession (as defined) of real estate to obtain a permit prior to clearing or grading of land is a violation of this subchapter.

(J) Misdemeanor. Grading, clearing, plowing, tilling or other excavation of land prior to obtaining the permit required by this section is a petty misdemeanor.

(Ord. 57, passed 1-8-2003)

§ 155.056 REQUIREMENTS FOR CLEARING AND GRADING OF RESIDENTIAL LAND.

(A) Stand alone lots. For stand alone, existing lots that are not developed lots or parcels of land:

(1) A zoning permit meeting the requirements outlined for clearing and grading in divisions (A)(2) through (4) below must be obtained from the city before any grading is begun.

(2) Zoning, building or other necessary permits must be secured before any clearing and/or grading of land is begun. A copy of a survey of the lot/parcel of land done by a New Mexico licensed surveyor within 36 months preceding the application for the permit must be furnished or the zoning permit will not be issued.

(3) Construction on the land must begin within 60 days of the partial or total clearing and/or grading of the lot/parcel of land.

(4) If land to be graded is not level with the adjacent street and/or adjacent lots, provision must be made to avoid dirt runoff. This erosion control may be provided by rip-rap, retaining walls, and the like.

(5) At the discretion of the Mayor or his or her designee, silt fences or straw bale barriers may be required to control blowing sand or flowing water on a temporary basis.

(B) Undeveloped lots. For lots that are not developed lots adjoining developed lots/parcels of land with the same owner:

(1) A permit meeting the requirements for clearing and grading outlined in divisions (B)(2) through (3) below must be obtained from the city before any grading is begun.

(2) Any part of the lot/parcel of land that is graded must be covered with base coarse, crusher fine or a material with similar properties to a minimum depth of 3 inches watered and rolled or 4 inches base course or must use other landscape techniques to keep down dust and resist normal flow of water over lots. This coverage must be completed within 30 days of grading.

(3) If land to be graded is not level with adjacent street and/or adjacent lots, provision must be made to avoid dirt runoff. This erosion control may be provided by rip-rap, retaining wall, and the like.

(4) A copy of a survey of the lot/parcel of land done by a New Mexico licensed surveyor within 36 months preceding the application for the permit must be furnished or the zoning permit will not be issued.

(D) Obtaining a prior permit. Failure by the owner, lessor, lessee or person in possession of real estate to obtain a permit prior to clearing or grading of land is a violation of this subchapter.

(E) Beginning construction without permit. Grading, clearing, plowing, tilling or other excavation of land prior to obtaining the permit required by this section is a petty misdemeanor.

(F) Land rehabilitation. Depleted land resulting from the actions but not limited to excavating, removing, processing, stockpiling or distribution of rock, sand, gravel, clay, pumice, scoria, decomposed granite, or similar materials, shall be rehabilitated.

(1) Grading and backfilling shall be made with non-noxious, non-flammable, non-combustible solids.

(2) Graded or backfilled land shall not collect and permit stagnant water therein, with the exception of ponding areas.

(Ord. 57, passed 1-8-2003)

§ 155.057 ENFORCEMENT PROCEDURE.

Upon receipt of complaint of violation of any of the provisions of this subchapter, the Code Enforcement Officer or the Mayor's designee shall visit the location of the alleged violation. If a violation has occurred, the violator will be cited to Municipal Court.

(Ord. 57, passed 1-8-2003)

§ 155.058 INTERPRETATION.

In the interpretation and application of this subchapter, all provisions shall not be deemed to limit nor repeal any other ordinance, or portion thereof, adopted by the governing body of the City of Elephant Butte, unless expressly so stated herein.

(Ord. 57, passed 1-8-2003)

§ 155.059 EFFECTIVE DATE.

This subchapter shall become effective 5 days after being adopted approved, and posted.