An Ordinance Amending Section 2 F of

Amended Ordinance No. 97-10


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.”

12. The words “unless the Building Official approves a proposed change” are added to the end of Section 3314.1.




13. Section 3314.2 Top of Cut Slope is amended to change section 3314.2 to read as follows:


                        3314.2 Top of Cut Slope. The top of cut slopes shall not infringe on the Site Boundary. Where interceptor drains are required the Building Official shall determine the required setback.


                  14. Section 3314.3 Toe of Fill Slope is amended to change section 3314.3 to read as follows:


                          3314.3 Toe of Fill Slope. The toe of the fill slope shall not infringe on the Site Boundary. Where the height (H in Figure A-33-1) of the slope is greater than 30’, the toe of the slope shall be setback from the property line by a distance equal to H/2 but need not exceed 20’. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the work as the Building Official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to:

                                  1. Additional setbacks.

                                  2. Provisions for retaining slough walls.

                                  3. Mechanical or chemical treatment of the fill slope surface to minimize erosion.

                                  4. Provisions for the control of surface water.


15. Section 3315 Drainage and Terracing is amended to change section 3315 to read as follows:


3314.1   Drainage facilities and terracing are to conform to the following unless

engineering is required. All drainage facilities must be in place prior to the beginning of excavation. For cut slopes greater than otherwise indicated on the approved grading plan (all measurements are to be at mid-height):


      1.   Cut and fill slopes are to be provided with subsurface drainage as determined necessary by the Village of Taos Ski Valley Building Department or the soils engineer or in accordance with a drainage and/or erosion control plan prepared, pursuant to this ordinance. Check dams, cribbing, riprap or other devices or methods are to be employed to control erosion and provide safety.


      2.   All drainage facilities are to be designed to carry waters to the nearest practical drainage way approved by the Village of Taos Ski Valley Building Department as a safe place to deposit such waters. Erosion of ground in the area of discharge is to be prevented by installation of non-erosive down drains or other devices.


      3.   Building pads are to have a drainage gradient of two percent toward approved drainage facilities, except that the gradient from the building pad may be one percent if approved by the Village of Taos Ski Valley Building Department.


3315.2  Grading, dredging or diking may not alter any intermittent or perennial stream as shown on any USGS 1 ½ minute map, except as permitted through approval of the Army Corps of Engineers and/or the New Mexico Surface Water Quality Bureau.


3315.3 Contours of finished surfaces are to be blended with adjacent natural terrain, to achieve a consistent grade and natural appearance. Borders of cut slopes and fills are to be rounded-off to a minimum radius of five feet so as to blend with the natural terrain.


3314.4   Storm Drainage Plan.


        The Village of Taos Ski Valley Building Department shall require storm drainage plans and/or SWPP permits in conjunction with grading permit applications. Such plans shall be required when it is determined that storm drainage or excessive runoff may be generated from grading and excavating activity to endanger neighboring or downstream properties, public rights-of-way, waterways, wetlands and drainage channels.


3314.5   Drainage Plan Content.


      Drainage plans are to be accurately and neatly drawn to include the following as determined by the Village of Taos Ski Valley Building Department:


1.         Flow of surface water onto and off the site including nearby streams.

2.         Existing and finished contours at intervals determined by the building inspector.

3.         Building and road elevations, existing and proposed.

4.         Existing and proposed drainage channels including drainage swales, ditches and berms.

5.         Location and design of any proposed facilities for storage or for conveyance of runoff into indicated drainage channels including sumps, basins, channels, culverts, ponds, storm drain and drop inlets.

6.         Estimates of existing and increased runoff resulting from the proposed improvements if required.


                          3315.6 Storm Drainage System Standards-Drainage facilities are to be adequate                                     to assure that the development will not result in storm-water runoff that could                           cause flooding, ponding, soil erosion, sediment production and sediment

                          pollution. The following standards may also apply:


1.   Site development is to be accomplished wherever possible in a manner that will maximize percolation and infiltration of precipitation into the ground and will minimize direct surface runoff into adjoining streets, watercourses or properties.

2.   In general, the release rate of storm-water from all parts of the subject site after development may not exceed the storm-water runoff rate from the area in its previous undeveloped state for all intensities and durations of rainfall or snowfall. The carrying capacity of the channels immediately downstream is to be considered in determining the permitted amount of the storm-water release.

3.   All drainage facilities are to be designed to carry storm-waters to the nearest stable channel or natural drainage way with adequate capacity to carry the flow. If drainage facilities discharge onto natural ground, the applicant is to provide a method to reduce the velocity of flow in order to prevent erosion or other harmful effects to the subject site or other adjoining properties.



                 16. Section 3316 is amended to change section 3316 as follows:


3315.1  General

The faces of cut and fill slopes shall be prepared and maintained to  

control against erosion. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where it is determined by the Village of Taos Ski Valley Building Department that cut slopes are not subject to erosion due to erosion-resistant character of the materials, such protection may be omitted.


3315.2  Erosion Control Plan Content


                        With any minor or engineered grading plan, an erosion control plan may be required to be submitted, prior to grading and construction, including the             following items:


1.   Protective measures to be taken during construction such as hydro mulching, berms (temporary or permanent), interceptor ditches,        subsurface drains, terraces and/or sediment traps in order to prevent       erosion by surface or ground water of the cut faces of excavations or of the sloping surfaces of fills.

2.   Permanent methods of re-vegetation following completion of proposed grading or improvements.

3.   Approximate sequence and timing of grading, and construction increments and/or subsequent re-vegetation and/or landscaping work.


3.1  Re-vegetation Standards.


1.   Permanent re-vegetation or landscaping, if required, is to be commenced on the construction site as soon as practical and in no case exceeding one hundred eighty (180) days after achieving final grades   and placement of utilities. All re-vegetation shall be completed no later than October 15. Whenever practical, land is to be developed in          increments of workable size which can be completed during a single    construction season; erosions measures are to be coordinated with the    sequence of grading or improvements.

2.   Grading equipment is to be confined to areas immediately adjacent to areas of disturbance as indicated by the plan approved by the Building Inspector.

3.   All surfaces disturbed by vegetation removal, grading, haul roads, or other activity of construction which alters the natural vegetative cover are to be prepared for expedient re-vegetation or otherwise maintained to control erosion unless covered with impervious or other improved surfaces pursuant to approved plans within thirty (30) days following the completion of grading (or removal of vegetation if no grading was involved). U.S. Department of Agriculture Natural Resources Conservation Service standards and specifications for erosion control shall be used.

4.   Topsoil removed from the surface in preparation for grading and construction is to be stored whenever possible on or near the site and protected from erosion while grading operations are underway; provided, that such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved or be located on the Village right of way. After completion of such grading, topsoil is to be restored to exposed cut and fill embankments or building pads so as to provide a suitable base for seeding and planting.

5.   Acceptable methods of re-vegetation include straw mulching, hydro mulching, planting of fast germinating seed or planting of native seed mixture. Where grass seed or other appropriate landscape cover is to be sown at no less than four pounds to each one thousand square feet of land area. Other methods of re-vegetation may be approved by the Village of Taos Ski Valley Building Department where equivalent protection is provided.

6.   All re-vegetation and landscaping is to be conducted within suitable growing periods. Native plant materials are specifically encouraged in order to reduce irrigation demands. The seed mixture used must be approved by the Building Official.

7.   For all grading or improvements to be conducted during the rainy season, a sedimentation control plan is to be submitted including, where necessary, temporary sedimentation basins. Sedimentation control facilities are to be installed in conjunction with initial grading operations and maintained throughout the construction period to remove sediment from runoff waters during development.

8.   Permanent sediment catchment basins or other types of sediment retention facilities are required wherever necessary to prevent discharge of sediment into stream channels. Accumulated sediment is to be inspected and removed for disposal according to a regular maintenance schedule.



Passed, Approved and Adopted this 13th day of March, 2007.


Vote:  For__2___     Against_0____




                                                            Neal King, Mayor






Vanessa N. Chisholm, Clerk