(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.
(C) For existing developed lots. No permit is required for maintenance on existing developed lots.
(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.
(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.
(Ord. 57, passed 1-8-2003)