§ 5.5. Natural resource protection.

New construction shall comply with the following standards, unless compliance with a particular standard would prevent the construction of any permanent structure for a primary use on the land, or require the construction to violate another requirement of this Land Use Code. Where more than one buildable site exists on a parcel and all buildable sites would violate at least one of the following standards, the construction shall be located so as to comply with as many standards as possible. These standards do not create liability on the part, or a cause of action against, the Town, or its officials.

5.5.1 Hazard Areas. Land subject to hazardous conditions such as wildfire, land slides, gamma radiation, mud flows, rock falls, possible mine subsidence, shallow water table, open quarries, floods, and polluted or non-potable water supply shall be identified in all applications, and development shall not be permitted in these areas unless the application provides for the avoidance of the particular hazards. If avoidance is impossible or would require the construction to violate other development standards, then such hazards shall be minimized or mitigated. Land subject to severe wind and water erosion shall be identified on all plans and shall not be subdivided unless the problems are mitigated by density limitation or some other practical method.

5.5.2 Slope Conditions.

A)

Steep Slopes and Building Limitations. New structures shall not be built on any portion of any parcel of land that contains an elevation change of more than 20 feet and an average slope of 30 percent or more, as measured from the points with highest and lowest elevation within 25 feet of any portion of the proposed structure, unless the applicant demonstrates by submitting a report sealed by a licensed New Mexico engineer or architect that the slope's ground surface and subsurface are not unstable, that the proposed development will not cause instability or increase the potential for slope failure, and that the development of the slope will not increase the degree of hazard.

B)

Limitations on Site Disturbance. Any site disturbances that remove existing vegetation from a property and leave large areas of soil exposed for more than 60 days shall not be permitted unless an erosion control and re-vegetation plan has been previously approved by the Community Development Department. Cuts, fills, grading, excavation, vegetation removal, and building construction shall be confined to the footprint of the proposed building, plus a working area of 30 feet around each such footprint, plus any site disturbance necessary for installation and maintenance of utilities, access ways, trails, irrigation ditches, and fences, and for landscaping, agriculture, and similar activities.

C)

Restoration of Disturbed Areas. Disturbed areas shall be restored as natural-appearing landforms, with curves that blend in with adjacent undisturbed slopes. Abrupt angular transitions and linear slopes shall be avoided. As necessary, cuts and fills shall be supported by retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape. Areas disturbed by grading shall be contoured so they can be re-vegetated and shall be re-vegetated within one growing season after construction, using native species similar to those growing on the site when such re-vegetation does not contribute to hazards. Topsoil shall be stock piled and placed on disturbed areas.

D)

Limitations on Cut and Fill Slopes. Cut and fill slopes shall not exceed 2.5 feet horizontal to one foot vertical (2.5H:1V) unless sealed by a New Mexico registered engineer familiar with geotechnical engineering.

5.5.3 Warning and Disclaimer of Liability. The degree of hazard protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. This section does not imply that land outside hazard areas or uses permitted within such areas will be free from hazards or hazard damages. This section shall not create liability on the part of the Town or on any officer or employee thereof for any hazard damages that result from reliance on this section or any administrative decision lawfully made thereunder.