ORDINANCE NO. 1 5 1

AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA,AMENDING THE CODE OF GILBERT, ARIZONA, CHAPTER30ENVIRONMENT, ARTICLE I &I GENERAL, SECTION 30-10 PAVING OR DUST-PROOFING REQUIRED ON CERTAIN PARKING LOTS IS DELETED IN ITS ENTIRETY 

### AND A NEW ARTICLE IV AIR QUALITY STANDARDSIS ADDED ADOPTING DUST CONTROL AND PAVING STANDARDSFOR EXISTING RESIDENTIAL, MULTIFAMILY,

### AND NONRESIDENTIAL USES AND ADOPTING PROHIBITIONS ON LEAF BLOWINQ PROVIDING FOR PENALTIES; PROVIDINGFOR REPEAL OF CONFLICTING ORDINANCES; PROVIDINGFOR SEVERABILITY;AND PROVIDING FOR PENALTIES.

WHEREASin 2007 the Arizona Legislature adopted legislation (Chapter

### 292) to implement measures andpolicies to attain the necessary PM-10 (10 microns or lessofparticulate matter inthe ambient air concentrations) standards;

WHEREAS Gilbert has standardsin place for new residential and commercial development to attainPM- 10 standards;

WHEREAS Gilbert desires to protect its residentsby continuing to 

### maintaindust control standards not only for new development, but for existing development as well;

NOW, THEREFORE, BE IT ORDAINEDby the Common Council ofthe Town of Gilbert,Arizona, as follows:

Section I. In General.

Section 30-10 Paving or dust-proofing required on certain parking lotsto the Code of Gilbert, Arizona is hereby repealed in its entirety.

The Code of Gilbert,Arizona, Chapter 30 Environment is hereby amended by adding new Article IV Air Quality Standardsto read as follows (additionsin ALL CAPS; deletionsin 

# a):

Article

### N. AIR QUALITY STANDARDS

Sec. 30-61. IN GENERAL.

IN ORDER FOR GILBERT TO MEET THE AIR QUALITY STANDARDS SETFORTH BY THE ARIZONA LEGISLATURE, ALL

### OrdinanceNo. 2151 

### Page 2 of

### 4

PARKING AREAS AND 

### SPACES, ACCESS POINTS, AISLES, DRIVEWAYS, 

### AND ROADWAYS MUSTBE IMPROVED AS REQUIREDBELOW.

Sec. 30-62. ALL USES EXCEPTRESIDENTIAL WITH FOUR OR FEWER UNITS.

(a) ON ORAFTER OCTOBER 1,2008,ALL PARKING, MANEUVERING,INGRESS AND EGRESS AREAS ON ANY LOT OR PARCEL OF LAND DEVELOPED FOR A USE OTHER THAN 

### RESIDENTIALUSE WITH 

### FOUR OR FEWER DWELLING UNITS SHALL BE MAINTAINEDWITH ONE OR MORE OF THE FOLLOWING:

(1) ASPHALTIC CONCRETE; (2) CEMENT CONCRETE; (3) PENETRATION TREATMENT OFBITUMINOUS MATERIAL AND SEAL COAT OF BITUMINOUS BJNDER

### AND A 

### MINERAL AGGREGATE; (4) A COVERING OF CRUSHED ROCK OR GRAVEL MAINTAINEDIN A MANNER WHICH SHALLNOT CAUSE OR ALLOW VISIBLE FUGITIVEDUST EMISSIONS TO EXCEED 20% OPACITY, AND EITHER: 

### (a) SHALLNOT ALLOW SILT LOADING EQUAL TO OR GREATER THAN 0.330ZET2; OR (b) SHALLNOT ALLOW THE SILT CONTENTTO EXCEED 

### 8%; (5) 

### A STABILIZATIONMETHODAPPROVED BY 

### THE PUBLIC WORKS DIRECTOR THAT ISCONSISTENT WITH MARICOPA COUNTYAIR QUALITY RULE 3 10.01 (FUGITIVE DUST FROMNON-TRADITIONAL SOURCES OF FUGITIVEDUST), AS AMENDED.

(b) PARKING ON UNIMPROVED PROPERTIES ORPORTIONS OF UNIMPROVEDPROPERTIES IS PROHIBITED.

Sec. 30-63. 

### RESIDENTIALUSES WITH FOUR ORFEWERUNITS.

ON OR AFTER OCTOBER 1,2008,ALL PARKING, MANEUVERTNG, INGRESS AND EGRESS AREAS THATARE THREE THOUSAND SQUARE FEET OR MORE 

### IN SIZESHALLBE MAINTAINEDWITH ONE OR MORE OF THE FOLLOWING:Ordinance No. Page 3 of 4

(1) ASPHALTIC CONCRETE; (2) CEMENT CONCRETE; (3) PENETRATION TREATMENT OF BITUhUNOUS MATERIAL AND SEAL COAT OF BITUMINOUS BINDER 

### AND A 

### MINERAL AGGREGATE; (4) A COVERING OF CRUSHED ROCK OR GRAVEL MAINTAINED IN A MANNER WHICH SHALLNOT CAUSE OR ALLOW VISIBLE FUGITIVE DUST EMISSIONS TO EXCEED 20% OPACITY,

### AND EITHER: (a) SHALLNOT ALLOW SILTLOADING EQUAL TO OR GREATER 

### THAN 0.330ZlFT2; OR (b) SHALLNOT ALLOW THE SILT CONTENTTO EXCEED 8%; 

### (5) A STABILIZATION METHODAPPROVEDBY PUBLIC WORKS DIRECTOR THAT IS CONSISTENT WITH MARICOPA COUNTY AIR QUALITY

### RULE 3 1 0.0 1 (FUGITIVE DUST FROMNON-TRADITIONAL SOURCES OF FUGITIVEDUST),AS AMENDED.

Sec. 

### 30-64. LEAF BLOWER RESTRICTIONS.

IT SHALL BE UNLAWFUL FOR ANY PERSON TO USE LEAF BLOWERS TO BLOW LANDSCAPE DEBRIS INTO ROADS.

Section I. Providing for Repeal of Conflicting Ordinances.

All ordinancesand parts of ordinancesin conflict with the provisions ofthis Ordinance or any part ofthe Code adopted herein by reference, are hereby repealed.

Section 11. Providing for Severability.

If any section, subsection, sentence, clause, phrase orportion ofthis Ordinance or any part ofthe Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court ofcompetent jurisdiction, such decision shall not affectthe validity ofthe remaining portions thereof.

SectionIII. Providing for Penalties.Ordinance No. 2 151 Page 

### 4 of4

Any person found guilty of violating any provision ofthis Ordinance shall

### be subjectto the violation and penalty provisions set forth in Section 1-5(c) ofthe Town Code of Gilbert.

PASSED AND ADOPTEDby the Common Council ofthe Town of Gilbert, Arizona, this 2gh day ofApril 2008, by the followingvote:

AYES:Abbott, Berrnan, Crozier, Krueger, Presmyk, Skousen. Urie

NAYES: None ABSENT: None

EXCUSED: None ABSTAINED: 

### /3 NOn e / / APPROVED this 2gh day of

I, CATHERINEA. TEMPLETON, TOWN CLERK, DO HEREBY CERTIFY THATA 

### TRUE AND CORRECT COPY OFTHE ORDINANCENO. 2151 ADOPTEDBY THE COMMON COUNCIL OFTHE TOWN OF GILBERT ON 

### THE29' DAY OF APRIL 2008, HE 2nd DAY OFMAY 2008.

F \578\Oidinancesbuqual~ly 4-15-2008 (2) docRevised 

### 05-05-2008

Town 

### of GilbertAir Qualitv Measure Commitments


### Air quality has been an area of concern for many years. The Town of Gilbert has enacted a number of measures over the years targeted to reduce the amount of particulates, Carbon Monoxide and Ozone in the air. The followirlg timeline illustrates the various resolutions, ordinances, measures, and purchases by the Town in support of air quality efforts.
April 2008: 

### The state legislature passed SB1552 requiring cities and towns to adopt ordinances and codes to aid in reducing PM-10. The Town adopted ordinance 21 51, banning the blowing of leaf blower debris and requiring dustproof paving or stabilization of parking areas, to meet the provisions of SB1552. With the other ordinances and codes the Town has implemented in previous years, this new ordinance completes the requirements needed to be in compliance with the State mandated legislation. Ordinance 2151 bans the blowing of leaf blower debris in to public roadways by all persons. The leaf blower ordinance will strengthen enforcement, giving Code Enforcement an appropriate enforcement choice between a storm water or air quality violation, or both. In addition, the ordinance requires dustproof paving or stabilization at parking, maneuvering, ingress and egress areas of residential areas 3000 sq. feet in size and commercial developments.

June 2007: EPA 

### required the Maricopa County non-attainment area to provide a reasonable and attainable plan that reduces the PM-10 tonnage in the non-attainment area by 5% per year until the 24 hour PM-10 standard is met. The PM-10 five percent reduction target was estimated at 4,600 tons per year. The Town adopted Resolution 2788 to implement measures to reduce PM-10 particulate matter. This resolution implemented measures outlined in the MAG 2007 Five Percent Plan for PM-10 for the Maricopa County Non-attainment Area. The following measures were identified for implementation: public education and outreach of the PM-10 problem; pave or stabilize existing unpaved parking lots; restrict vehicle use and parking on vacant lands; reduce off-road vehicle use in areas with high off-road vehicle activity; enforcement of trespass ordinances and codes; pave or stabilize existing public dirt roads and alleys; pave or stabilize unpaved shoulders; limit speeds to 15mph on high traffic dirt roads; sweep streets with PM-10 certified street sweepers; and restrict use of leaf blowers.
July 2006: 

### Ordinance 1797 amending Chapter 42 Offenses and Abatement of Public Nuisances by adding new article IXAbatement of Environme~ital Nuisances.
September 2005: 

### Purchase of three PM-10 Certified Street Sweepers. Currently there is a fleet of 10 PM-10 Certified Street Sweepers. Seven are used in normal service with three for back-up service.
May 2005: 

### Park and Ride Facility open to the publicRevised 05-05-2008



### March 2005: Resolution 2575 to implement measures to reduce reentrained dust emissions from targeted paved roads in the Revised PM-10 State Implementation Plan for the Salt River Area. The Town developed a protocol to reduce reentrained dust emissions from paved roads that typically experience a high level of deposited soil.


### May 2004: Purchase of one PM-10 Certified Street Sweeper.


### September 2003: Purchase of three PM-10 Certified Street Sweepers.


### February 2002: Purchase of three PM-10 Certified Street Sweepers.


### February 2000: Support of the revised MAG 1999 Serious Area Particulate Plan for PM-10for the Maricopa County Non-attainment Area.


### July 1998: Resolu,tion 1939 to implement measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area. This included supporting the MAG PM-10 Efficient Street Sweeping Test.


### February 1998: Ordinance 1091 amending Chapter 30 Environment, new article I in general, by adding new section 30-1 Paving or Dust-Proofing Required on Certain Parking Lots, related to the requirement that certain parking lots used in corljunction with comniercial or industrial uses be paved or dust-proofed. Ordinance 1090 amending Chapter 62 Traffic and Vehicles, article 

### I in general, section 62-5 related to operating or driving a motor vehicle on or across a property if the property is not paved or dustproofed and without the written permission of the property owner. Both ordinances became effective 3/1/1999.



### November 1997: Ordinance 1066 amending Chapter 30 Environment, by adding new article II Fireplace Restrictions prescribing standards for fireplaces, woodstoves and other solid fuel burning devices in new construction with an effective date of January 1, 1999. Resolution 1864 to implement measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa Area. Arizona Department of Environmental Quality was required to submit revisions to demonstrate attainment of the 24-hour standard for PM-10 and thereby identified that additional measures from those adopted in June 1997, were needed to address existing unpaved roads, road shoulders and access points, commercial and industrial parking lots, vacant lots, and weed abatement.



### June 1997: Resoll~tion 1817 to implement the MAG 1997 Serious Area Particulate Plan for PM-10 and the MAG Serious Area Carbon Monoxide Plan for the Maricopa County Area. The following are some of the measures identified for implementation: assisting with the creation and distribution of information materials in regards to the use of temporary electrical power lines at construction sites; reduce activities in the nonattainment area that may contribute to seasonal air quality problems such as outside painting and the limitingthe use of 2-stroke lawn-care equipment; evaluate feasibility of electrical-powered lawn-care equipment; mass transitlexpansion of public transit in 1996 and March 1997; continue Town trip reduction plan; purchase of equipmentRevised 05-05-2008

capable of time-based traffic signal coordination and a signal system feasibility study to recommend a centralized control system; street widening to reduce traffic congestion; traffic engineer and two traffic signalization technicians hired during calendar year 1996 to aide in optimization of traffic control; and current system of 55 niiles of bike paths.


### April 1997: Resolution 1788 providing for the Town's intent to work cooperatively with Maricopa County to control the generation of fugitive dust pollution. This resolution required the Town to outline the elements of the Town's participation in the Co~lnty program to reduce particulate pollution p~~rsuant to A.R.S. § 49-406.



### March 1997: Local bus service began.


### AugustlSeptember 1996: Express bus and dial-a-ride service began.



### October 1993: Resolution 1354 to implement measures in the MAG 1993 Carbon Monoxide Plan and the MAG 1993 Ozone Plan for the Maricopa County Area. The following are some of the measures identified for implementation: Employer rideshareltrip reduction program for public and private development; continue requirement for arterial street improvements at major intersections that reduce congestion; standard street profiles with bicycle lanes, mark an additional 24 miles with stripes and signs, and implement the Open Space Plan and Canal Design Guidelines; encourage bicycle travel; development of bicycle facilities; modification of Town employee work schedules to include encouraging telecommuting and alternative work schedules; continue evaluation of air quality impacts of new development; encouragement of pedestrian travel; pedestrian and bicycle overpasses; continue enforcement of traffic, parking and air pollution regulations.



### October 1991: Resolution 11 82 adopting the MAG 1991 Particulate Plan for PM-10 for the Maricopa County Area. The following are some of the measures identified for implementation: chemically stabilize all access points where unpaved roads meet paved roads, and require paving of those areas during the land development process; continue to require contractors to control dust and obtain a County permit; continue to sweep streets in subdivisions and the downtown area once a month and heavily traveled arterials every two weeks, "wash down" affected streets when regular street sweeping is insufficient, continue to require paving of arterial collector and local streets; allow natural vegetation to grow on unpaved slioulders to stabilize the soil and continue to require developers to install pavement, curb, gutter, sidewalks and landscaping as development occurs; stabilize the 5 linear miles of unpaved roadslalleys in Town to minimize dust generation; continue to require driveway parking surfaces to consist of concrete, asphalt, or other permanent pavement rendering it dust free; continue to implement the storm water and retention policies; and continue to upgrade landscaping in medians and other unpaved parts of the right-of-way to reduce dust.


### April 1988: Resolution 899 adopting the MAG 1988 Particulate Plan for PM-10: Phase One for the Maricopa County Area. The following are some of the measures identified for implementation: continue paving andlor dust proofing of I-~npaved roads and alleysRevised 05-05-2008

in conjunction with development and transportation improvement programs and parking lots in conjunction with adjacent developments; continue paving andlor dust proofing driveways required for all new residential and non-residential developments, curbirlg construction required adjacent to public streets, and on-going public street sweeping.


### July 1987: Resolution 826 adopting the MAG 1987 Carbon Monoxide Plan and the MAG 1987 Ozone Planfor the Maricopa County Area.



### December 1986: Resolution 766 adopting the MAG 1987 Interim Carbon Monoxide Plan for the Maricopa County Urban Planning Area. The following are some of the strategies identified for implementation: intersection improvements through zoning requirements for all new development and upon identification of problem areas; secure extra right-of-way on all arterial streets for bus pullouts; support of the Alternative Fuels Study with possible implementation; evaluation of projects for Urban Heat Island Effect; ongoing implementation of bicycle and trail system elements of general plan and all zoning cases must provide access for pedestrian and bicyclists to travel in special routes that link to existing or proposed pathways; traffic control measures to ease traffic flow and minimize congestion; transportation planning to require traffic analysis by developers and enforce recommendations to mitigate adverse traffic impact; and evaluate impacts of new development on air quality.