THE VILLAGE OF TAOS SKI VALLEY
ORDINANCE NO. 07-10
An Ordinance Amending Section 2 F of
Amended Ordinance No. 97-10
BE IT ORDAINED BY THE GOVERNING BODY OF THE VILLAGE OF TAOS SKI VALLEY, NEW MEXICO:
SECTION 2 F of Amended Ordinance 97-10 is hereby amended as follows:
F. Appendix Chapter 33 “Excavation and Grading” of the 1997 Uniform Building Code
is hereby adopted by reference with the following changes:
1. Section 3306.2 is amended to include the following after subparagraph 9:
10. Excavations or fills for road projects conducted by or under control of the Village of Taos Ski Valley.
11. Exploratory excavations under the direction of soil engineers or
engineering geologists affecting or disturbing areas less than one
thousand square feet in size.
12. Maintenance grading of existing roads, private driveways or existing ponds.
13. Brushing done with earth-moving equipment on private property for the creation of a fuel break or open space provided that:
a. There is no unnecessary excavation or fill.
b. There is no excessive soil in brush pile or piles.
c. Ground cover is preserved or the ground is reseeded as necessary.
14. Emergency fire lines created during a fire, to contain, or provide access to a fire.
1. Section 3307 is amended and changed to read as follows:
A. Existing Hazards.
Whenever the Village of Taos Ski Valley Building Department determines that any existing excavation or embankment or fill on private property, to include the exceptions listed in subsection 3306.2 above, has become a hazard to life and limb, endangers property, or is a hazard to the water quality of any stream, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation embankment or fill is located, or other person or agent in control of said property or project, upon receipt of notice in writing from the Village of Taos Ski Valley Building Department, shall within the period specified therein repair, stop or replace such excavation, embankment or fill so as to code. The Village of Taos Ski Valley Building Department may require special or conditional permits or performance bonds to insure compliance with the intent of this section.
B. Hazardous Grading.
The Village of Taos Ski Valley Building Department shall not issue a permit where it finds that the work as proposed by the applicant is liable to endanger private property or result in the deposition of debris on any public way or interfere with any existing drainage course or may become a hazard to the water quality of any stream. If it can be shown to the satisfaction of the Village of Taos Ski Valley Building Department that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices, sedimentation ponds, re-vegetation or reseeding of cut and filled slopes or other means, the Village of Taos Ski Valley Building Department may issue the permit with the condition that such protective work be performed.
C. Geological or Flood Hazard.
If, in the opinion of the Village of Taos Ski Valley Building Department, the land area for which grading is proposed is subject to geological or a flood hazard including identified avalanche zones to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and building permit for habitable structures shall be denied.
1. Section 3308 is amended to include the following definitions:
Steep Slope is any slope in which the ratio of horizontal distance to vertical distance is greater than 25%.
Site Boundary is the boundary of the site or lot where grading is to be performed, reduced by the setbacks required by ordinance No. 05-30, the Village Zoning Regulations.
2. Section 3309.3 is amended to change the amount of material moved from 5,000 cubic yards to 500 cubic yards and to include the words “and on steep slopes” after the word “yards” in the first and sentence. In the second sentence, 5000 is changed to 500.
3. Section 3309.4 is amended to include a number 8 in the plan as follows:
8. The location of any spoils and the protection of those spoils from erosion.
6. Section 3309.7 is amended by striking everything after the word investigation and inserting “to determine if the soil has potential for liquefication.”
7. Section 3309.8 is amended to include the number 4 in the plan as follows:
4. The location of any spoils and the protection of those spoils from erosion.
8. Section 3309.9 is amended by striking the words “Section 106.4” and replacing them with “NMRBC and NMCBC.”
9. Table A-33-A is deleted.
10. Table A-33-B is deleted.
11. The reference to Table A-33-A is stricken from Sections 3310.2 and replaced with “25% of the cost of the permit fee as set forth in the Village of Taos Ski Valley Development Fee Schedule.” Section 3310.3 is also amended by striking the reference to Table A-33-A and adding “as set forth in the Village of Taos Ski Valley Development Fee Schedule.”