ORDINANCE NO. 1 5 1 

AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN 

OF GILBERT, ARIZONA, AMENDING THE CODE OF GILBERT, 

ARIZONA, CHAPTER 30 ENVIRONMENT, 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 

STANDARDS IS ADDED ADOPTING DUST CONTROL AND 

PAVING STANDARDS FOR EXISTING RESIDENTIAL, 

MULTIFAMILY, AND NONRESIDENTIAL USES AND 

ADOPTING PROHIBITIONS ON LEAF BLOWINQ PROVIDING 

FOR PENALTIES; PROVIDING FOR REPEAL OF CONFLICTING 

ORDINANCES; PROVIDING FOR SEVERABILITY; AND 

PROVIDING FOR PENALTIES. 

WHEREAS in 2007 the Arizona Legislature adopted legislation (Chapter 292) to 

implement measures and policies to attain the necessary PM-10 (10 microns or less of particulate 

matter in the ambient air concentrations) standards; 

WHEREAS Gilbert has standards in place for new residential and commercial 

development to attain PM- 10 standards; 

WHEREAS Gilbert desires to protect its residents by continuing to maintain dust 

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

NOW, THEREFORE, BE IT ORDAINED by the Common Council of the Town 

of Gilbert, Arizona, as follows: 

Section I. In General. 

Section 30-10 Paving or dust-proofing required on certain parking lots to 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of Gilbert, Arizona is hereby repealed in its entirety.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 Standards to read as follows (additions in ALL CAPS; 

deletions in a): 

Article N. AIR QUALITY STANDARDS 

Sec. 30-61. IN GENERAL. 

IN ORDER FOR GILBERT TO MEET THE AIR QUALITY 

STANDARDS SET FORTH BY THE ARIZONA LEGISLATURE, ALL 
Ordinance No. 2 1 5 1 

Page 2 of 4 

PARKING AREAS AND SPACES, ACCESS POINTS, AISLES, DRIVEWAYS, 

AND ROADWAYS MUST BE IMPROVED AS REQUIRED BELOW. 

Sec. 30-62. ALL USES EXCEPT RESIDENTIAL WITH FOUR OR 

FEWER UNITS. 

(a) ON OR AFTER OCTOBER 1,2008, ALL PARKING, 

MANEUVERING, INGRESS AND EGRESS AREAS ON ANY LOT OR 

PARCEL OF LAND DEVELOPED FOR A USE OTHER THAN 

RESIDENTIAL USE WITH FOUR OR FEWER DWELLING UNITS SHALL 

BE MAINTAINED WITH ONE OR MORE OF THE FOLLOWING: 

(1) ASPHALTIC CONCRETE; 

(2) CEMENT CONCRETE; 

(3) PENETRATION TREATMENT OF BITUMINOUS 

MATERIAL AND SEAL COAT OF BITUMINOUS 

BJNDER AND A MINERAL AGGREGATE; 

(4) A COVERING OF CRUSHED ROCK OR GRAVEL 

MAINTAINED IN A MANNER WHICH SHALL NOT 

CAUSE OR ALLOW VISIBLE FUGITIVE DUST 

EMISSIONS TO EXCEED 20% OPACITY, AND 

EITHER: 

(a) SHALL NOT ALLOW SILT LOADING EQUAL TO OR 

GREATER THAN 0.330ZET2; OR 

(b) SHALL NOT ALLOW THE SILT CONTENT TO 

EXCEED 8%; 

(5) A STABILIZATION METHODAPPROVED BY THE 

PUBLIC WORKS DIRECTOR THAT IS CONSISTENT 

WITH MARICOPA COUNTY AIR QUALITY RULE 

3 10.01 (FUGITIVE DUST FROM NON-TRADITIONAL 

SOURCES OF FUGITIVE DUST), AS AMENDED. 

(b) PARKING ON UNIMPROVED PROPERTIES OR PORTIONS 

OF UNIMPROVED PROPERTIES IS PROHIBITED. 

Sec. 30-63. RESIDENTIAL USES WITH FOUR OR FEWER UNITS. 

ON OR AFTER OCTOBER 1,2008, ALL PARKING, MANEUVERTNG, 

INGRESS AND EGRESS AREAS THAT ARE THREE THOUSAND SQUARE 

FEET OR MORE IN SIZE SHALL BE MAINTAINED WITH 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 SHALL NOT 

CAUSE OR ALLOW VISIBLE FUGITIVE DUST 

EMISSIONS TO EXCEED 20% OPACITY, AND 

EITHER: 

(a) SHALL NOT ALLOW SILT LOADING EQUAL TO OR 

GREATER THAN 0.33 0ZlFT2; OR 

(b) SHALL NOT ALLOW THE SILT CONTENT TO 

EXCEED 8%; 

(5) A STABILIZATION METHODAPPROVED BY 

PUBLIC WORKS DIRECTOR THAT IS CONSISTENT 

WITH MARICOPA COUNTY AIR QUALITY RULE 

3 1 0.0 1 (FUGITIVE DUST FROM NON-TRADITIONAL 

SOURCES OF FUGITIVE DUST), 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 ordinances and parts of ordinances in conflict with the provisions of this 

Ordinance or any part of the Code adopted herein by reference, are hereby repealed. 

Section 11. Providing for Severability. 

If any section, subsection, sentence, clause, phrase or portion of this Ordinance or 

any part of the Code adopted herein by reference, is for any reason held to be invalid or 

unconstitutional by the decision of any court of competent jurisdiction, such decision shall not 

affect the validity of the remaining portions thereof. 

Section III. Providing for Penalties. 
Ordinance No. 2 1 5 1 

Page 4 of 4 

Any person found guilty of violating any provision of this Ordinance shall be 

subject to the violation and penalty provisions set forth in Section 1-5(c) of the Town Code of 

Gilbert. 

PASSED AND ADOPTED by the Common Council of the Town of Gilbert, 

Arizona, this 2gh day of April 2008, by the following vote: 

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

NAYES: None ABSENT: None 

EXCUSED: None ABSTAINED: /3 NO n e 

/ / 

APPROVED this 2gh day of 

I, CATHERINE A. TEMPLETON, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE 

AND CORRECT COPY OF THE ORDINANCE NO. 2151 ADOPTED BY THE 

COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 29' DAY OF APRIL 2008, 

HE 2nd DAY OF MAY 2008. 

F \578\Oidinancesbu qual~ly 4-15-2008 (2) doc 
Revised 05-05-2008 

Town of Gilbert Air 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 IX Abatement 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 public 
Revised 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-10 for 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 limiting the 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 equipment 
Revised 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 alleys 
Revised 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 Plan for 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.