### AN 

### ORDfNANCE 

### OF THE MAYOR AND COUNCIL 

### OF THE 

### CITY OF SURPRISE, ARIZONA, CREATING SECTION 54-4, 

### OFF-ROAD VEHICLES PROHIBITED WITHOUT PERMISSION; 

### AMENDING 

### SECTION 125-1, 

### DEFINITIONS, ADDmG A 

### DEFINITION FOR 

### DUST CONTROL; AMENDLNG SECTION 

### 125-249, OFF-STREET 

### P-G FWQUIREMENTS, REQUIRING DUST CONTROL FOR PARKING; 

### CREATING SECTION 34-3, 

### CRtF+tKNAL NUISANCE, USE 

### OF LEAF 

### BLOWERS; CREATING SECTION 34-111, 

### BARRIERS REQULRED 

### FOR VACANT LAND; AND AMENDING 

### SECTION 125-247, 

### FENCES,OF 

### THE SURPRISE MUNICIPAL CODE 

### TO IMPLEMENT REGULATIONS PERTAINING TO AIR 

### QUALITY; PROVIDING PENALTIES; AND DECLARING 

### AN EMERGENCY. WHEREAS, the purpose of this ordinance 

### is to achieve 

### and maintain safe levels ofair

### quality

### and; WHEREAS, the proposed amendment will enhance the health, safety and general welfare; NOW, 

### THEREFORE,

### BE IT 

### ORDAINEDby theMayor and 

### Council ofthe 

### City

### of Surprisethat:


### Section 1. Section

### 54-4,Off-roadvehicles prohibited without permission, ofthe City ofSurpriseMunicipal Code 

### ishereby createdto read as follows:


### Sec.

### 54-4. Off-road

### vehiclesprohibited without

### permission. a) It is unlawful for any person to operate or drive
' any motor vehicle, motorcvcle, minibike. dune buggy, all-terrain vehicle 

### IATV), off-hibwav vehicle 

### COHV), motor scooter, an off-road recreational motor vehicle, or other form 

### of transportation propelled by internal combustion engine on private andlor public property that is not held open to the public for vehicle use without the prowr written permission ofthe owner ofthe Drover@. the person entitledto the immediatepossession of

### the propertv, orthe authorized agent of either. The propertv owner, person entitled to immediate possession of the propem. or invitee who has written permission may operate such vehicles if such use doesnot violate any other applicablelaws.

Ordinance#OS-19b) Theproper written permission required under this section shall:

a. Contain the name, address, and telephone number of the person granting permission for the use 

### oftheproperty; b. Describe the interest the person granting ~ermission 

### has in the properly (i.e., property owner, lessee, agent, etc.L
c. Contain the name. address, and telephone number of the property owner if the person nrantinn permission is not the owner of the pro~ertv; d. Specifv the period of time for which permission for the use of the property isbeing granted: and
e. Contain the sipnature of the person granting permission for the use of the property.
Whenever a person is stopped by 

### a Police Officer of the Citv for 

### a violation of subsection (a) of this section, helshe shall upon the resuest of the Police Officer display thewritten permission required in this section. c) A person who violates this ordinance isguiltv of a class 

### 3 misdemeanor. d) This Ordinance shallnot apply to operations directed by utilities for operation, distribution and transmission systems provided that both of the following conditions aremet: 

### a. Operations are performed in a

### marked company vehicle; and 

### b. If operations are performed in dusinrx a personal vehicle. then identifications of the company shall be visible and readable by the public, included/posted in a sim that is visible on the vehicle or included/posted in a sign that is visible in thewindow ofthe.vehicle).

State law references: Off-road vehicle ordinance, A.R.S. 

## 5 9-500.27.


### Section 2. Section 

### 125-1, Definitions, of the City of Surprise Municipal Code is hereby amended asfollows:


### Section 125-1 

### Definitions

. 

### The following words, terms and phrases, when used in this chapter, shall have the

meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The word "lot" includes the words "plot" or "parcel"; the word "building" includes the word "structure"; the words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied"; the words "map" or "zoning map" mean the zoning mapof

### the city that delineates the areato be governed by these regulations.



### ..

### . Dust Control. or Dust Confrolledor Dust-Fee means a lot or area is maintained by paving with one of the followinn methods: asphaltic concrete. cement concrete, penetration treatment ofbituminousmaterial and seal coat ofbituminous binder and a

Ordinance#08- 19 -2-

### mineral agmegate. a 

### layer of %" 

### to %" screened crushed rock or gravel maintained to a minimum depth of two inches and contained within a wrmanent border or bv an 

### alternative surface treatmentas avproved bv the City Manager or designee. State 

### law references: Air Quality 

### Control,

### A.R.S. 

## 5 9-500.04.

Section 3. 

### Section 125.249, Off-street parking requirements, ofthe City of Surprise 

### Municipal Codeishereby amended as 

### follows:

Sec. 

### 125-249.Off-street parking

### requirements.
Sec. 125-249.Off-street parking requirements. (a) 

### General provisions. 

### (I) Floor area. Floor area, for the purpose of calculating the number of offstreet parking spaces required, shall be determined on the basis of the exterior area dimensions of the building, structure or use multiplied by the number of floors, minus ten percent, except

### asmay hereinafterbe providedor modified. (2) 

### Change ofuse or occupancy 

### ofbuildings. Any change of use 

### or occupancy of any building, including additions thereto, requiring more parking shall not be 

### permitted until such additional parking spaces as required by this article are hished. 

### (3) Parking 

### accessory to a

### residenlial use. Off-street parking facilities accessory to residential 

### use shalt 

### be utilized solely for the 

### parking of licensed and operable passenger automobiles; no more than one truck not to exceed pss

### capacity of 12,000 

### pounds; and recreational vehicles

### and equipment. Under no circumstances shall required 

### parking facilities accessory to a residential structure be used for storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturing 

### establishments. (4) Allowed Parking 

### Area.- No vehicle, me bee^ 

### recreational vehicle or trailer shall be parked 

# a except on a 

### Dust Controlledsurface. 

### (b) Stall, aisle and driveway design. 

### (I) Stall dimensions. 

### TABLEINSET: Tablenot included
1 As 

### measured by a 

### line perpendicular to the stall line at a 

### point 

### on the outside 

### end of the stall, except when the stall is on the inside edge 

### of 

### a curve, 

### in which case the point ofmeasurement shall be on the insideend of the stall. 2 For 90-degree parking, aisles are 

### two-way; for 60-degree and 45-degree parkingthey are one-way only. 3 

### Except where needed as a 

### fire lane in 

### which case a 20-foot minimuin 

### is required.

Ordinance #O8- I9

### 4 Unless otherwise approved all parking spaces shall be of standard width, but in
no case shall compact spacesexceed 30 percent of the 

### total required spaces. (2) 

### Witkinsfruclures. The off-street parking requirements may be hishedby providing spaces so designed within the principal building or structure attached thereto; however, unless provisions are 

### made, no building permit shall be used to convert said parking 

### structures into a dwellingunit or living 

### area or other activity until other adequate provisions are made to comply 

### with the required off-street parking provisions ofthis chapter. 

### (3) Circulation between bays. Except in 

### the case of single-family, two-family, townhouse, three-family and four-family dwellings, parking areas shall be designed so that circulation between parking bays occurs within the designated parking lot and does not depend upon a public street or alley. Except 

### in the case of single-family, 

### two-family, townhouse, three-family and four-family dwellings, parking area design that requires backing intothe public street is prohibited. (4) 

### Preserving off-site parking. When required accessory off-street parking facilities are provided elsewhere than on the lot with the same ownership or control, either by deed or long term 

### lease, as 

### the property occupied by such principal use, the 

### owner ofthe principal use shall file a 

### recordable document with the city and county clerk requiring the owner and his heirs and assignsto maintain the required number of off-street spaces during the existence of said principal 

### use. (5) Drive access. All drive accesses shall be approved by the city engineer for width and location. 

### (6) Drive access required. A1 I

### off-street parking spaces shallhave accessfiom a 

### drive access and not directly from 

### the public street. (7) Disfancefi.ornintersection. No drive access shall be 

### located nearer than 

### 40 feet (in a residential district), 150

### feet (in a commercial district), or 150 feet (in an 

### industrial district) fiomthe intersection oftwo public streetrights-of-way. 

### (8) Parallelparking spaces. Parallel parking spaces shall be a minimum of 

### 22 feet 

### in length. 

### (9) Distance between drive accesses. Drive accesses to 

### a public street except for single-family, two-family and townhouse dwellings shall not 

### be located less than 

### 40 feet fromone another as 

### measured'from inside of drive to inside ofdrive. (10) Number 

### ofdrive accesses. Each property shall be 

### allowed one drive access for each 100 

### feet of street frontage. Single-family uses shall be limited to one drive access per property. These conditions shall apply unless otherwise granted by the planning and zoning commission. (1 

### 1) Grade. The grade elevation of any parking area shall not exceed three percent. (12) 

### Surfacing. All areas intended to be utilized for parking space and driveways shall be 

### paved with materials suitable to control dust 

### and drainage. Plans for paving and drainage of driveways and stalls for five or more vehicles shall be submitted to the city 

### engineer for his review, and the final drainage plan shall be subject to his written approval.

Ordinance#08- 19a. 

### Parking. maneuvering. and ingress and egress areas at any development, oiher than residential buildings with four or fewer units, must 

## be Dust Controlled. b. Parking and access areas that 

### are 3,000 sauare feet or more 

### in size at 

### f (I3) Striping. Except for townhouses 

### and single-family, two-family, 

### threefamily and four-family dwellings, all parking stalls shall be marked with painted linesnot lessthan four incheswide. (14) 

### Lighting. Any lighting 

### used to illuminate 

### an off-street parking area shall be so 

### arranged 

### as to reflect the light away 

### from adjoining property, abutting residential uses 

### and public rights-of-way and be 

### in compliance with this chapter. 

### (15) Signs. No sign shalI be so located as lo restrict the sight lines and orderly operation and 

### traffic movement within any parking.lot.

### All 

### signs shall conform to city sign requirements. 

### (1

### 6) Curbing. Except for townhouses and single-family, two-family, threefamily and four-family dwellings, all open off-street parking areas and driveways shall have 

### a perimeter concrete curb and gutter around the entire 

### parking lot built accordingto standardsprovidedby the city engineer. 

### (17) Protruding vehicles. All on-site

### parking stalls that abut property 

### lines shall be designed 

### and constructed such that parked vehicles shall not protrude over property 

### lines. Every driveway that is appurtenant to 

### a residential structure shall provide a vehicle parking 

### area not less 

### than 

### 18 feet in Length. The length of the parking area shall 

### be measured fiom the front ofthe garage door, or fiom the end of the parking 

### area ifthere is no garage, to the back of the adjoining sidewalk, or to the back ofthe 

### adjoining curb if there 

### is no sidewalk. If the gatage door opens vertically without protruding into the parking area, the minimum length of 

### 18feet shall apply. 

### If the garage door does not open vertically, the length of the parking
area shall be increasedto not less

### than 20 feet. 

### (18) Overhang parking. 

### Overhang parking 

### may be included 

### as part of the parking stall' dimensions on standard parking spaces fronting on a sidewalk a 

### minimum of seven feet 

### in width or landscaped areas 

### as determined by the community development director. Overhang parking shall not be allowed for compact spaces.
State 

### law references: Air quality control,

### A.R.S. 

## 5 9-500.04.



### Section 4. Section 34-43, 

### Criminal Nuisance, 

### Use of leaf blowers, 

### of the City of 

### SurpriseMunicipal 

### Code is hereby created to read:
Sec. 34-43. Criminal Nuisance, use of leaf blowers.
It is unlawfitl for anv person to operate a leaf blower in such a manner that blows landscape debris. dirt or otherdebris into a aublicroadway.
State law references: Air quality control,A.R.S. $ 

### 9-500.04.

Ordinance#O8-19Section 

### 5. Section 

### 34-1 1I, Barriers Required for Vacant Land, of the Surprise Municipal Code is hereby created to read 

### as follows:
Sec, 

### 34-111, Barrier Required forvacant land. Vacant lots or lands which have been subiect to dumping. trespass, or operation of vehicles on non-dust controlled property on more than one occasion shall be secured to prevent fbture occurrences and 'No trespassing" signs shall be erected in accordancewith applicablelaws.
For the Pumsesof this section. non-dust controlled ~rovertv means a lot or area not paved 

### with: asphaltic concrete. cement concrete, penetration treatment 

### ofbituminous material and seal coat of bituminous binder and a mineral amregate. a layer of %" to %" screened crushed rock or gravel maintained to a 

### minimum depth of two inches and contained within a permanent border or by 

### an alternative surface treatment 

### as approved bythe City Manageror designee. Methods of securing vacant lots or lands may include the followinn: fencing: ditch and berm; placing four-foot-high vosts at four-foot intervals; and other esuallv effective methods as determinedby City Manageror designee.



### Section 6. Section 125-247, Fences, of the Surprise Municipal Code is hereby amended 

### asfollows:
Sec. 125-247. 

### Fences. (a) 

### Permit required. No person, except on 

### a farm andrelated to farming, shall hereafter construct,or cause to be constructedor erected within the city 

### any fence without first making

### an application for and securing a buildingpermit. (b) 

### Locations. All fences shall be located entirelyupon the private property ofthe person constructing, or causing the constructionof, such fence unlessthe owner of the property adjoining agrees, 

### in writing, that such fence may

### be erected on the division line ofthe restrictiveproperties. (c) 

### Construction,maintenance and

### height measurement. 

### (1) Constructionandmaintenance requirements.

e) Business and 

### industrial district fences. Fences in 

### all commercial and industrial districts shall not exceed ten feet in height except that boundary line fences abutting residential districts shall not be greaterthan six feet in height. 

### f) Special purpose fences. Fences for special purposes and fences differing 

### in construction, height or length may be permitted in any district by issuance of conditional use permit approved by the planning and zoning commission. Findings

Ordinance#08- 19shall be made that the fence 

### is necessary 

### to protect, buffer or improve the premises forwhich the fence

### is intended and will not detrimentallyaffect adjacent property. (g) Fences in all districts. Any fence constructed so 

### as 

### to have only one elevation finished, which shall be defined as not having its supporting members significantly 

### visible, shall be erected such that hefinished elevation of the fence is exposed to the adjacentproperty. 

## fi) Fences/Securityfor Certain VacantLots or Lands. Vacant lots or lands which havebeen subject to dumping. trespass. 

### or operation of vehicleson land without 

### Dust Control on more 

### than one occasion shall be secured. Methods of securinr vacant lots
or 

### lands may include the following: fencing: ditch and berm; placing, four-foot-high I posts at four-foot intervals; and other euually effective methods as determined bv City 

### Managerordesignee.


### BE IT FURTHER FCESOLVED,that the immediate operation ofthe provisionsof this Ordinance

### are for compliancewith Arizona State Statutes and forthe preservation of

### the peace, health, and safety 

### in enforcing provisions for air quality, therefore, 

### an emergency

### is declaredto exist, and this ordinance shall become immediately operative and 

### in force from the date ofadoption.



### PASSED AND ADOPTEDthis 24' day of 

### A~nl 

### ,2008.

Ar1TEST: 

### APPROVED AS 

### TO FORM: 

# !J!h"tz 

# a.fL she& A. 

### ~&lar,City 

### Clerk



### Yeas: Mavor

### Truitt, Vice Mavor Villanueva, Council Members; Alton Hall Johnson, Longabaughand 

### Williams.

Ordinance #08- 19Public Works Department Administrative 

### Off~ces 

### SURPRISE
.\RIZONA

To: City of Surprise Mayorand 

### Council CC: Prisilia Ferreira, City Manager Kathy ~i&, Assistant City Manager Doug Sandstrom, ~s'sistant City Manager 

### From: Robert Beckley, PubIic Works Director Date: 3-25-2008 Re: 

### PM-10 Dust ControlOrdinance

SUBJECT: PM-10 Dust Control ordinance REQUEST: Requestto initiate text amendments to the Surprise Municipa!Code for the purposeof implementingair quality regulations affectingleaf blowers, ofl-roadvehicles, parkingandvehicle maneuvering areas as mandatedbyArizona Revised Statutes. Key Itemsfor Consideration:

. This text amendment will require areas used for parking, rnaneuveririg. ingress and egress to be improvedwith adust free surface. This proposal will apply to all industrial, commercial and non-commercial'uses and residential useswith five or more units. This proposal will also apply to residential uses with a total area of three thousand (3,000) square feet or greater devotedto parking, maneuvering, ingress and egress.
Dust free surfaces include concrete, brick, and asphatt, crushed granite and dust palliatives. Other'types of dust treatments may be acceptable, subject to city approval.w Companion amendments to the city code will be requiredto align with the new State Statutesfor leaf blower debris on roads and off-highwayvehicles.
Related Policies, References: Amendments to the Surprise Municipal Code, Section 54-4.Off-roadvehicles prohibited without permission; Section 125-1,Definitions,adding a definitionfor dust control; Section 125-249,Off-street parkingrequirements, requiringdust controlfor parking; -Section34-3, Criminal nuisance, use of leaf blowers; Section 34-111, Barriers required for vacant land; and Section 125-247, Fences. BACKGROUND: Alr Quality and Dust Control The Federal Clean Air Act (CAA) establishes minimum standards for air pollutants, indude particulates. Portions of Maricopa County, including the City of Surprise, were designated as non-attainment for PM 10 (Particulate Matter of 10 microns) on November 15. 1990 per the CAA. The primary sources of particulate pollution in the Phoenix area are fugitive dust from paved roads, construction sites, and unpaved roads and windblown dust from agriculturalfields, disturbed areas on construction sites and vacani lots. The CAA required state and local authorities to implement stricter particulate matter pollution controls in PM 10 non-attainment areas. To that end. Arizona Department of Environmental Quality (ADEQ) and the Maricopa Associationof Governments (MAG) developeda state implementation planfor the area.
On June 6, 2007, the Environmental ProtectionAgency made a finding thal the Phoenix urban area had not attained the National Ambient Air Quality Standard (NAAQS) for PM 10 as required in the implementation plan by December 31, 2006 a deadline mandated by the CAA. Accordingly, stricter standards are now mandated. The Maricopa Association of Governments (MAG) is the agency responsible for the development of the plan outlining the new standards, the 'Five Percent Plan, for PM-1W. The plan contains a variety of air pollutioncontrd measures such as Pave or Stabilize Dirt Roads and Alleys; Sweep with PM-10 Certified Street Sweepers; Pave or Stabilize Dirt Shoulders; Pave or Stabilize Unpaved Parking Lots and Restrict Vehicle Use on Vacant Lots. This plan will demonstrate three years of 5% annual reductions, which is expected to be sufficient for atlainment. On July 12" 2007 the Surprise City Council passed Resolution 07-95 agreeing to proceed with a good faith effort to implement the measures identified by MAG.

. Senate Bill 1552. passed inJune of 2007, mandates municipalities adopt codes and ordinances by March 31, 2008 to regulate certain aspects of the Five Percent Plan for PM 10. The proposedtexi amendment will address the aspects of the plan relatedto the surface materialof parking and vehicle maneuvering areas in industrial, commercial, non-commercial and residentialdistricts.
APPLICANT'S PROPOSAL: Communlty Impact The Ordinancewill enhance the regional efforts to meet air quality standards and complies with state statutes. There are implications on federal funding and potentialflnes for non-attainment and for violations of Ihe standards. The new provisions will require unpaved parking lots and other unpaved areas used,for vehicle maneuvering over a certain size to be sealed with a permanent material or treated on a routine basis, prohibitions against off-roadvehicles and leaf blower use, and requires barriers and Trespass signs erected on vacant land after one occurrenceof 

### fiGaaVPurpose of Request This proposalwill meet the recently adopted StateStatutes,as mandated by Senate Bill 1552to improve air quality. STAFF RECOMMENDATION: Staff recommendsthe initiation.
CONCLUSION: It is recommendedthat counciladopt the attached Ordinance.

### CITY 

### OF SURPRISE Main Agenda

April 24, 2008 @ 

### 6:00:00 

### PM

+ Back Print

Council Meeting April 24,2008 Contact Robert Beckley, Public Date: Person: Works Submitting District: Citywide Department: Staff Approve Recommendations:

Consent x Regular Public Hearing ~eport/~iscussion

Aaenda Wording; Consideration and action on the final reading of Ordinance No. 08-19, creating Sections 54-4, 125-1, 125-249,34-3, 34-

### 11

### 1, and'125-247of.theCity of Surprise Municipal code for the purpose of implementing

### PM-10 air quality regulations affectingparking and vehicle maneuvering areas asmandatedby the Arizona Revised Statutes. (~inal Reading)

Motion: 

### I move to approve the final reading of Ordinance#08- 19.

Backaround: On July 12th2007 the Surprise City Council passed Resolution#07-95 agreeing to proceed with 

### a good faitheffort 

### to implement the PM-10 measures identified 

### by the Maricopa Association of Governments (MAG).
Arizona State Senate Bill 1552passed in June of 2007 and mandates municipalities adopt codes and ordinancesby March 31,2008 to regurarecertain aspects of the Five Percent

. Plan for 

### PM 10.The proposed text amendment will address the aspects of the plan related 

### to the surface materialof parking and vehicle maneuvering areas in industrial. commercial, non-cbmmercial and residential districts.

Financial Impactstatement; ~inirnal financial impact is anticipated with the approval of this item.

.Click todownload [7Drdinance #08-19 Memo of PM-10Chanaes DPM-10 Power~oinl - slides

External Attachment Links:

Meetina Requirements: Powerpoint 

### x Video White Board Other x pleessenta.tipnSReaker Narne.s(spellina 

### amititksfor TV ci3p.t-



## __________-________----------------------------------- ___________-_C__I__---------_----------------------_-- City Clerk's Officeonly CouncilAction
MotionlSecond: Results:
Truitt For Longabaugh M Against Alton Passed Williams Failed S Villanueva Continue Johnson Tabled Hall Absent 7 0 XX FINAL READING