During a public hearing at the Jan. 21 City Council meeting to amend the city’s development code to clarify grading, drainage and other requirements to prepare land for construction, a new section was added to the amendment to specifically exempt land used for farming from the new provisions.
Councilwoman Felicity Zoberski expressed concerns about the impact on farming operations at the first reading of the proposed ordinance on Jan. 7. Councilman Joe Mendoza and a member of the public reiterated those concerns at the second reading and public hearing of the ordinance last week.
As a result, City Attorney Aaron Mouritsen suggested adding a Section H to the code amendment that would read, “This section is not meant to apply to agricultural, non-construction uses.” With that addition, the code amendment was approved unanimously by the City Council.
To alleviate other concerns residents may have regarding the grading amendment, Associate Planner Treston Rodriguez said the amendment only applies when one acre or more of soil is disturbed and is not based on parcel size.
It only regulates large-scale grading or clearing activity. It is not triggered by removing a tree or minor landscaping, nor does it regulate routine property maintenance and does not require engineering for flat or minor projects, Rodriguez added.
The purpose of the amendment is to clarify when grading permits are required, align city standards with state and Nevada Department of Environmental Protection requirements, establish clear thresholds for larger grading activity and add definitions to provide consistency in interpretation of the code, Rodriguez said.
The amendment is not a comprehensive rewrite of the grading ordinance, but rather a clarification and modernization of existing grading standards, Rodriguez said.
Under the newly added provisions, clearing or grubbing of one acre or more would require a grading permit. Grubbing is described as the removal and disposal of stumps, roots, brush and other organic material from at or below the natural ground surface in preparation for grading, excavation or construction, Rodriguez said.
In addition, grading on slopes greater than 10 percent may be restricted, and grading on slopes greater than 20 percent will require an engineered grading plan with geotechnical review, he said.
Erosion and sediment control measures, along with a stormwater pollution prevention plan, are required for projects disturbing one acre or more, consistent with state regulations. Dust control plans will also now be required for sites disturbing five or more acres, Rodriguez said.
The code amendment also clarifies the city’s inspection, bonding and enforcement authority. The existing permit requirement for grading more than 50 cubic yards remains unchanged, Rodriguez said.
In addition to the grubbing definition, the amendment adds definitions for engineered grading and standard grading. Engineered grading is defined as “grading of 5,000 cubic yards or more; cuts or fills 15 feet or greater in depth; grading on slopes 20 percent or greater; or any grading or site disturbance requiring a geotechnical report to evaluate soil stability, slope safety or drainage,” Rodriguez said.
Standard grading is defined as “grading activities that do not exceed the thresholds requiring an engineered grading plan. This includes grading of less than 5,000 cubic yards of material; cuts or fills less than 15 feet in depth; grading on slopes less than 20 percent; and projects not involving geotechnical or slope stability concerns,” Rodriguez said.
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