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Rules Clarified on Land Grading, Clearing |
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Written by Jeff Radford
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Saturday, 05 December 2009 |
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First of two parts
Corrales folks are rightly known for their do-it-yourself,
self-sufficient spirit, especially when it comes to what they do on
their home site.
But that same spirit could land some homeowners in a heap of trouble if
that includes driving around their lot with a front-end loader blade
down —or any other activity that amounts to grading or clearing land.
The Village Council is set to approve a Terrains and Storm Water
Management Ordinance that will amend existing rules about which most
villagers probably know little.
When the draft ordinance, proposed by the Corrales Planning and Zoning
Commission, was briefly discussed November 10, Councillor Pat Clauser
expressed concern that villagers had little awareness of the new rules
that could have major implications for residents west of the Corrales
Main Canal and Loma Larga. Most of those implications are positive,
such as helping prevent road wash-outs, stormwater dumping tons of
sediment onto lawns and ugly scarring of the landscape.
But the implications also include the possibility of a $500-a-day fine for people who inadvertently violate the rules.
Councillor Clauser suggested that Corrales Comment publish provisions
of the proposed amendment. In the first of two articles, an overview of
the purpose of the law is offered as well as sections that might affect
homeowners rather than land developers.
The law also requires homeowners and homeowner associations to assure
that stormwater control features in their subdivisions are maintained
and effective.
Here is the purpose and objective section of the pending ordinance.
“The purpose of this [ordinance] article is to protect, maintain and
enhance the health, safety, and general welfare of the citizens and
natural environment of the Village. The following goals and objectives
shall be considered during the design and planning process for all
proposed developments subject to these regulations:
a. Ensure sound and orderly development of the natural terrain;
b. Protect life and property from the dangers of flooding and the hazard of improper cuts and fills;
c. Minimize erosion and sedimentation;
d. Minimize destruction of the natural landscape;
e. Protect the scenic character of the Village of Corrales from the
visual blight of indiscriminate cuts and fills and vegetation removal
resulting from extensive grading and utility scars;
f. Treat storm water runoff as a valuable natural resource in the
Village of Corrales, a community that is prone to drought, by
encouraging water collection and infiltration on site;
g. Control the adverse impacts associated with accelerated storm water
runoff on natural drainage ways, hillsides, and all structures due to
increased development and impervious surfaces;
h. Minimize erosion and degradation of arroyo channels and improve the condition of the channel where possible;
i. Respect, protect, maintain, and restore natural drainage ways,
wetlands, bosques, floodplains, steep slopes, riparian vegetation, and
wildlife habitat areas;
j. Prevent storm water runoff from damaging acequias or other irrigation facilities; and,
k. Provide aesthetically pleasing solutions to storm water management
and erosion control measures by integrating measures into the overall
landscape and site design.”
The original ordinance which is being amended was adopted October 24,
2006 (Ordinance No. 06-03). The action before the council now primarily
adds better definitions for terms used in the law and requires “as
built” drawings to be submitted for stormwater control structures that
were required as conditions for subdivision approvals or terrain
modifications.
The original ordinance was deemed necessary as more and more land west
of the Main Canal came under development and once-vacant sandhills were
bull-dozed and prepared for home sites, roads and driveways. Over the
years, unstable sandy terrain has eroded, washing hundreds of tons of
sediment onto neighboring lots and roadways.
And Village officials discovered that many of the stormwater control
structures that had been required at the time building permits or
subdivision approvals were issued are no longer being maintained or, in
some case, were deliberated filled in or abandoned.
Back in 2006, P&Z commissioners and Village councillors decided the
biggest such problems are west of the Main Canal on sloping terrain.
So the law generally pertains to that part of the village, not the flatter, valley lands east of the Main Canal. It states:
“a. The requirements of this article shall apply to all lands within
the Village that are located west of the Corrales Main Canal.
b. Minimum standards and submittal requirements for terrain and storm
water management are based on the type of project, as follows:
1. Grading permit applications, when required by this article or any
other provision of the Village Land Use Ordinances, shall meet the
minimum standards and submittal requirements in section 18-164.
2. The approved final terrain and storm water plans, when required, shall be submitted with the application for building permit.
3. All construction projects shall comply with the objectives, intent,
and minimum standards of this section including, without limitation:
a. New construction;
b. Reconstruction;
c. Demolition; and
d. Construction of roadways and drainage as approved in the subdivision process following approved grading and drainage plans.
c. Exemptions.
New construction, remodeling, additions, or other alterations to
existing structures and development identified in section 18-164a2 are
exempt from the requirements of this section provided that they meet
all of the following conditions:
1. Less than one thousand 1,000 square feet of total land area is disturbed;
2. No slopes greater than eight 8 percent are disturbed;
3. Existing drainage patterns on the property are not changed in a way
that would increase the amount of storm water runoff leaving the
property;
4. No cut slopes or fill exceeding 3-to-1 grade (3 horizontal to 1
vertical) are created, unless retained in accordance with a design
certified by a professional engineer and approved by the Village
Engineer; and
5. The applicant, by applying for this exemption, has not exceeded the
thirty-five percent (35 percent) lot coverage limitation of the
property.
d. Alternative compliance.
Applicants may propose alternatives to standard storm water management
techniques, so long as these alternatives allow the project to meet the
minimum standards and general requirements of this section.
Alternative techniques may be proposed that achieve improved
environmental performance, including reduced storm water runoff,
increased infiltration, reduced sedimentation and erosion, and for
aesthetic purposes. Proposals for alternative compliance to standard
storm water management techniques shall be subject to review and
recommendation by the Village Engineer in writing to the Planning and
Zoning Commission. Applicants shall bear costs of engineering review
whether the proposal for alternative compliance is approved or
rejected.”
A key provision of the ordinance is the section on that requirement
that people obtain a grading permit for essentially any clearing or
grading of land in Corrales. It reads:
18-164. Grading permits.
a. Applicability.
1. No person shall do any clearing, grubbing or grading of land within
the boundaries of the Village, except as provided in Subsection
18-l64a3, without first receiving a grading permit. Prior to the
issuance of a grading permit, all projects shall comply with all
applicable state and federal regulations. Application and review
process, minimum standards and submittal requirements for grading
permits are provided in section 18-163.
2. Except as provided in subsection l8-l64a3, a grading permit shall be required for:
a. All development that is subject to the requirements of section l8-l65, section l8-l66, or section l8-l67;
b. Work within an arroyo or drainage way which is intended to create or
may create changes in flow characteristics, including but not limited
to earthwork, construction of drainage devices or erosion control
devices, removal of significant trees, and modifications of arroyo or
drainage way banks or bottom, in addition to state or federal permits
that may be required;
c. Grading for new driveways, streets or roadways;
d. Paving for all driveways, streets or roadways;
e. Utility trenching for all commercial and public projects; and,
f. Any of the following individual activities:
1. Removal of more than twenty-five percent 25 percent of significant trees, grass coverage, or natural vegetation on a lot; or,
2. Ground disturbance of one thousand 1,000 square feet or more.
3. A grading permit is not required for [emphasis added]:
a. Development that satisfies each of the conditions of subsection 18-161c and is issued an exemption by the administrator;
b. Lands east of the Corrales Main Canal [emphasis added];
c. Grading, for maintenance purposes, of existing driveways, private
streets or roadways, and private drainage ponds on individual lots;
d. Cemetery graves;
e. Excavation for wells; and,
f. Exploratory excavations under the direction of archaeologists, soil engineers or engineering geologists.
b. Application and review process.
1. Anyone requesting a grading permit or anyone requesting an exemption
from the grading permit requirements must obtain and submit a completed
application for grading permit review. The application shall be
returned to the administrator accompanied by the appropriate
application fee and the appropriate number of sets of required
submittal materials.
2. Request for Exemption. The administrator shall determine if the
proposed development satisfies each of the conditions of subsection
18-161c.”
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