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Home My WebLink AboutRes 1998-49TOWN OF FOUNTAIN HILLS RESOLUTION 1998-49 RESOLUTION TO IMPLEMENT MEASURES IN THE MAG 1998 SERIOUS AREA PARTICULATE PLAN FOR PM-10 FOR THE MARICOPA COUNTY AREA WHEREAS,as the Maricopa Association of Governments (MAG)has been designated bythe Governor of Arizona,as the regional air quality planning agency in Maricopa County;and WHEREAS,the Maricopa County non-attainment area has been reclassified as a Serious Area for particulate matter according to the Clean AirAct;and WHEREAS,the Serious Area Particulate Plan for PM-10 is required to include Best Available Control Measures ("BACM");and WHEREAS,several Serious Area Committed Particulate Control Measures for PM-10 for the Maricopa County Non-attainment Area and Support Technical Analysis were submitted to the Environmental Protection Agency in December 1997;and WHEREAS,additional Best Available Control Measures are needed for the Serious Area Particulate Plan for PM-10;and WHEREAS,Arizona Revised Statutes 49-406 G.requires that each agency that commits to implement a control measure described that commitment ina resolution adopted by the governing body which specifies its authority for implementing the measure as provided in statute,ordinance,orrule;a program for enforcement of the measures;and the levelof personnel and funding allocated to the implementation of the measure. NOW,THEREFORE BE IT RESOLVED BY THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1.That the Council of the Town of Fountain Hills agrees to proceed witha good faitheffortto implement the measures identified inExhibitAwhichis part of this resolution. SECTION 2.That the Council of the Townof Fountain Hills commits to implement the measures as scheduled and with the funding sources identified.Recognizing,however,that the availability of necessary funding may depend on the funding programs or processes of various state and federal agencies,the Town agrees to consider modifications of the funding or schedules for implementation actions,if necessary. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,Arizona this 1st day of October,1998. ATTEST:FOR/THE TOWN OF FOUNTAIN HILLS Cassie B.Hansen,Town Clerk I Sharon Morgan,Mayor APPROVED AS TO FORM: William E.Farrell,Town Attorney Page3of 11 c EXHIBIT A. MAG 1998 SERIOUS AREA PARTICULATE PLAN FOR PM-10 Measure Title:98-FP-1.Clean Burning Fireplaces Ordinances Measure Description:The Townof Fountain Hills commits to adopt an ordinance designed to ensure that as new fireplaces are built,they will notbe contributing to increased airpollution problems.The ordinance will prohibit the installation or construction ofa fireplace orwood stove unless itis clean burning.The ordinance will also prohibit the subsequent conversion or alteration ofa permitted fireplace or wood stove toa non-permitted use.This ordinance will include the state requirements listedin the Arizona Senate Bill 1427 (1998)and the MAG Clean Burning Fireplace Standard,dated October 23,1997. Responsible Agency and Authorityfor Implementation:The ordinance will be implemented by theTownof Fountain Hills.Legal authority forthis action will be provided under Arizona Revised Statutes (ARS)9-240,"General Powers of Councils",and ARS 9-500.16,"Clean Burning Fireplace Ordinance",as created under Senate Bill 1427. Implementation Schedule:In accordance with ARS 9-500.16,the ordinance must be developed,adopted,and implemented by December 31,1998. Levelof Personnel and Funding Allocatedfor Implementation:No funds orlevelof personnel have yet been allocated. Enforcement Program:Legal authority forthis action will be provided under Arizona Revised Statutes (ARS)9-240,"General Powers ofCouncils",and ARS 9-500.16,"CleanBurning Fireplace Ordinance:,as created under Senate Bill 1427. Monitoring Program:The Townof Fountain HillsBuilding Safety Department will track the progress made with the implementation ofthis measure.Onan annual basis,Maricopa County will be requesting informationonthe progress made with implementation.MaricopaCountyis the entity responsible for reporting reasonable further progress to the U.S.Environmental Protection Agency. PM-10EPA.DOC Page4 of 11 MAG 1998 SERIOUS AREA PARTICULATE PLAN FOR PM-10 Measure Title:98-DC-7.Reduce Particulate Emissions from(Public) Unpaved Roads and Alleys Measure Description:TheTownofFountain Hills commitstodevelopingand implementing a planthat requires unpaved roads and alleystobestabilizedto reduce particulate emissions from vehiclestravelingoveranunpaved surface.Owners/operators ofexistingpublicunpaved roads with average dailytrip volumes of 250 vehicles or greater withinthe boundaries of Fountain Hills will berequiredto pave,chemicallystabilize,orapplygraveltothe unpaved road. Requirements fortheplan are includedinARS9-500.04(A)(3)as created byArizona Senate Bill 1427 (1998).Approximately2.4±milesof unpaved roads and alleys (.15 mile-roads,2.25 miles-alleys)will be evaluated andbegintobe treated by January 1,2000,continuing as needed,using dust proofing techniques approved byEPA and/or MAG. ResponsibleAgencyand Authority for Implementation:Theplan will beimplementedbythe TownofFountain Hills.Legal authority forthisaction will beprovided under Arizona Revised Statutes (ARS)9-240,"General Powers ofCouncils",andARS9-500.04(A)(3),as created under Senate Bill 1427. Implementation Schedule:Planstostabilize targeted unpaved roads andalleyshaving greater than250vehiclesperday need tobe developed andbegintobeimplementedby January 1, 2000.The short span ofpublicroad (.15 mile)is scheduled tobe asphalt paved perTown standards duringfiscal year 1998-1999 (ending June 30,1999). TheTownofFountain Hills,perthesubdivision ordinance,requires developers toprovidenew paved streets with concrete curbs withinall subdivisions and including perimeter streets. (Reference:SubdivisionOrdinance,Article IV -PublicImprovements Requirements 404(A), Adopted by Town Council October 3,1996. Levelof Personnel andFundingAllocatedforImplementation:Noadditional personnel is expected toberequired.Fundingis approved within thefiscal year 1998-1999 budgetfor pavingthe unpaved road segment;however,fundingforstabilizingthe unpaved alleysis undetermined. Enforcement Program:The Townof Fountain Hills Engineering and Street Maintenance Departments will be responsible for enforcing this measure. Monitoring Program:The Townof Fountain Hills Engineering Department will track the progress made withthe implementation ofthis measure.Onan annual basis,MaricopaCounty will be requesting informationonthe progress made with implementation.MaricopaCountyis theentity responsible for reporting reasonable further progress to the U.S.Environmental Protection Agency. PM-10EPA.DOC Page5of 11 MAG 1998 SERIOUS AREA PARTICULATE PLAN FOR PM-10 Measure Title:98-DC-8.Reduce Particulate Emissions fromUnpaved Shoulders on Targeted Arterials Measure Description:TheTownofFountain Hills commitstodevelopingand implementing a planthatrequiresunpaved shoulders ofpavedroadstobestabilizedto reduce particulate emissions from vehiclestravelingoversuch surfaces.Owners/operators ofexistingpublic unpaved roads with average dailytrip volumes of250 vehicles or greater within the boundaries ofFountain Hills will berequiredtopave,chemicallystabilize,orapplygraveltotheunpaved shoulder portion oftheroad.Requirements fortheplanareincludedinARS 9-500.04(A)(3)as created by Arizona Senate Bill 1427 (1998). ResponsibleAgencyand Authority for Implementation:This measure will beimplementedby theTownofFountain Hills.Legalauthorityforthisaction will beprovided under Arizona Revised Statutes (ARS)9-240,"GeneralPowersof Councils",andARS 9-500.04(A)(3),as created under Senate Bill 1427. Implementation Schedule:Planstostabilize targeted unpaved shoulders ofarterialpaved roads need tobe developed and begun tobe implemented beginning January 1,2000. Owners/operators musthavetheexistingunpaved shoulders ofarterialpavedroadspaved, chemically stabilized,or graveled by June 10,2000. Level of Personnel andFundingAllocatedforImplementation:Noadditional personnel is expected to be required;funding at this time is undetermined. Enforcement Program:TheTownof Fountain Hills Engineering and Street Maintenance Departments will be responsible forenforcingthis measure byconstructingthe Monitoring Program:The Townof Fountain Hills Engineering and Street Maintenance Departments will track the progress made with the implementation ofthis measure.Onan annual basis,MaricopaCounty will be requesting informationonthe progress made with implementation.MaricopaCountyistheentity responsible forreporting reasonable further progress to the U.S.Environmental Protection Agency. PM-10EPA.DOC Page6 of 11 MAG 1998 SERIOUS AREA PARTICULATE PLAN FOR PM-10 Measure Title:98-DC-9.Reduce Particulate Emissions from Unpaved Parking Lots. Measure Description:Unpaved parking lots and driveways can contribute to increased particulate pollution since the emissions generated by the unpaved surface can become re- entrained on adjacent paved road surfaces.Commitments of the Town of Fountain Hills are as follows: New Unpaved Parking Areas TheTownofFountain Hills currently enforces TownZoning Ordinance §7.03-A.2Design and Locationof Parking Spaces which specifies the type of surface onwhichamotor vehicle must be parked.This ordinance states:"...all parking spaces,drivewaysand access ways shall be surfaced with asphaltic concrete,pavement bricksor cement concrete"(singlefamily driveways with less than 5%slopes may also be surfaced witha stabilizedgranite)andshallbe constructed before theTown will issue an occupancy permit. Existing Town-Owned Unpaved Parking Areas TheTownof Fountain Hills will pave or stabilize all Town-owned parkinglots.All future Town-owned parking areas will be paved or surfaced with compliant material. Special Event Parking on Unpaved Areas TheTownof Fountain Hills utilizesaprivateland area (+40 acres)as aparkinglotfor special events duringthe year.Thislandis used approximately 10-15 days per calendar year and is therefore exempted from additional measures because vehicles are parked on this land less than 35 days per year. Responsible Agency and Authorityfor Implementation:This measure will be implemented by the Townof Fountain Hills.Legal authority forthis action will be provided under Arizona Revised Statutes (ARS)9-240,"General Powers of Councils". Implementation Schedule:The Townof Fountain Hills commits to enforcing the current ordinances to assure compliance. Levelof Personnel and Funding Allocated for Implementation:No additional personnel is expected tobe required.All funding is provided by the private sector developers to complete their projects ina compliant manner. Enforcement Program:The Townof Fountain Hills Building Safety,Engineering and Planning and Zoning Departments will be responsible for enforcing this measure through the existing zoning ordinances and Town Codes. Monitoring Program:The Town of Fountain Hills Engineering Department will track the progress made with the implementation of this measure.On an annual basis,Maricopa County will be requesting information on the progress made with implementation.Maricopa County is the entity responsible for reporting reasonable further progress to the U.S.Environmental Protection Agency. PM-10EPA.DOC Page7 of 11 MAG 1998 SERIOUS AREA PARTICULATE PLAN FOR PM-10 Measure Title:98-DC-10 Reduce Particulate Emissions from Vacant Disturbed Lots Measure Description:The Townof Fountain Hills has adopted Town Code,Chapter 12-2- TrafficControl and §12-2-11 Operation of Vehicles on Vacant Lotswhich prohibits vehicular use onor across anyportionofa vacant lot(of any size)other than as an established dust proof driveway,except during activities authorized by the Town. The Townof Fountain Hills has approximately 1900 +areas of currently undeveloped but developable platted lots.These lots are located in pristine native desert environments and Town ordinances and code prohibit any land disturbance withouta development permit. The Town will approve an ordinance that will require: •Scraping the ground for weed abatement will require a dust control plan. •Disturbed surfaces onnew platted vacant lots must be treated within eight months after the disturbance.Treating can beby establishing ground cover vegetation,applying a dust suppressant,restoring toa natural state,or applying gravel. •Motor vehicle surfaces on new platted vacant lots shall be restricted to non-use or treated withintwo months after the disturbance.Restricting use shallincludeplacing signs,fencing, shrubs,trees,barriers,surface gravel,or chemical/organic stabilizer. The following exemptions/unregulated areas will apply to these requirements: •Vacant lot disturbed surfaces that are less than 0.50 acres •Vacant lotswhich are occupied,used or developed that are not inactive fora period of more than 15 days •Vacant lots with motor vehicle disturbances that are 5,000 square feet or less •Weed abatement operations that maintain weed stubble 3 or more inches above the soil surface for the purpose ofcontrollinga potential fire hazard or otherwise unhealthy condition •Weed abatement operations that are permitted by Maricopa County Responsible Agency and Authorityfor Implementation:This measure will be implemented by the Town of Fountain Hills.Legal authority for this action will be provided under Arizona Revised Statutes (ARS)9-240,"General Powers of Councils",and ARS 9-500.04(A)(3),as created under Senate Bill 1427. Implementation Schedule:The control measure has been adopted and currently is enforceable. Levelof Personnel and Funding Allocated for Implementation:No additional personnel is expected to be required.There isno additional funding required at thistime. Enforcement Program:The Town of Fountain Hills Marshal's Department will be responsible for enforcing this measure by enforcing the ordinance and Town code for noncompliance. Monitoring Program:The Town of Fountain Hills Engineering will track the progress made with the implementation ofthis measure.On an annual basis,Maricopa County will be requesting information on the progress made with implementation.Maricopa County is the entity responsible for reporting reasonable further progress to the U.S.Environmental Protection Agency. PM-10EPA.DOC Page8 of 11 MAG 1998 SERIOUS AREA PARTICULATE PLAN FOR PM-10 Measure Title:98-DC-12.PM-10 Efficient Street Sweepers Measure Description:This measure involves the use ofPM-10efficient street sweepers to reduce particulate emissions from paved roads.Presently,the South Coast Air Quality Management DistrictisworkingwiththeCaliforniaAir Resources Board (CARB)and Society of Automotive Engineers (SAE)to develop a test protocol for certification ofPM-10 efficient street sweepers in response toCARBRule 1186.TheCARB standards ofcertification are notyet available. Once theCARBcertification standards are developed and PM-10efficient street sweepers have been certified,the Maricopa Association of Governments (MAG)has agreed to coordinate a test assessing the applicabilityof the certified PM-10 efficient sweepers to specific conditions in the Maricopa County nonattainment area.The test may include,butnot be limitedto,an evaluationof operational parameters such as production rate,water usage (if applicable), transport speeds,and available literature onPM-10efficient sweepers.The test wouldbe conducted inhigh PM-10 concentration areas where a significant source of emissions is vehicle re-entrainment. TheTownofFountain Hills will reviewthe results ofthe MAG PM-10 Efficient Street Sweeping Test.If theTownof Fountain Hills determines that the PM-10efficient street sweeping units are economically and technologically feasible,the Townof Fountain Hills will purchase,lease, or contract to procure the PM-10 efficient unitsto replace older equipment,as itis retired. Presently theTownof Fountain Hills owns one (1)street sweeper which will be replaced by December 1998. Responsible Agency and Authorityfor Implementation:This measure will be implemented by the Townof Fountain Hills Street Maintenance Department.Legal authority forthis action will be provided under Arizona Revised Statutes (ARS)9-240,"General Powers of Councils". Implementation Schedule:The schedule for implementing this measure is dependent uponthe development of the certification standard and certificationofPM-10efficient street sweeping equipment byCARB,SAE,and the South Coast Air Quality Management District;the results of the MAG PM-10 Efficient Street Sweeping Test;and the evaluation of the MAG PM-10 Efficient Street Sweeping Test by the Town.Therefore,a preliminary timeline is provided as follows: By December 1999 Development of Certification Standards and Certification of Equipment byCARB,SAE,and South Coast Air Quality Management District. By December 2001 MAG PM-10 Efficient Street Sweeping Test By December 2002 Determination of economic and technological feasibility.If feasible,begin to procure PM-10 an efficient street sweeper to replace older equipment,as itis retired,or contract with another municipality or vendor which would employ a PM-10 efficient unit. Levelof Personnel and Funding Allocated for Implementation:The Maricopa Association of Governments has allocated $70,000 forthe PM-10 Efficient Street Sweeping Test inthe MAG CONTINUED:Measure Title:98-DC-12.PM-10 Efficient Street Sweepers PM-10EPA.DOC Page9 of 11 c \nijifmr FY1999 Unified Planning Work ProgramandAnnualBudget.TheTownof Fountain Hills will provideone employee toparticipateinthe MAG street sweeping test. Enforcement Program:TheTownof Fountain Hills Street Maintenance Department will oversee theimplementationofthismeasure.In addition,A.R.S.49-406 I.andJ.provide an approach for assurancesthatStateand local committedmeasures will beadequately implemented. Monitoring Program:TheTownof Fountain Hills StreetMaintenanceDepartment will trackthe progressmade with the implementation ofthismeasure.Onanannualbasis,Maricopa County will berequesting information ontheprogressmade with implementation.Maricopa Countyis theentity responsible forreporting reasonable further progress to the U.S.Environmental Protection Agency. PM-10EPA.DOC Page10 of 11 X^jjj^' APPENDIX A Previously Submitted Town of Fountain Hills Commitments to MAG Date Submittal to MAG Contents of Submittal 10/17/91 Resolution No.1991-47 with Attachment -Exhibit B Adopting the MAG 1991 Particulate PlanforPM-10 for the Maricopa County Area;and ExhibitB: Commitments to comply withMAG 1991 PM-10 Plan include 1.Measure #3 Pave and/or dust proof roads, alleys and parking lots 2.Measure #4 Sweep streets on a freouent basis 3.Measure #5 Allow and promote growth of natural vegetation along roadsides 4.Measure #7 Keep streets clean adjacent to construction sites 5.Measure #13 Reguire trucks to cover construction materials 6.Measure #14 Reguire developers to maintain undeveloped land 7.Measure #42 Encourage bicvcle travel 8.Measure #44 Encourage pedestrian travel 9/25/97 Resolution 1997-49 Adopting the MAG 1997 Particulate Planfor PM-10 and MAG 1998 Serious Area Carbon Monoxide Planfor the Maricopa County area and committing to certain implementation programs,including: 1.Measure 97-DC-5 Freouent routine sweeping or cleaning of paved roads 2.Measure 97-TC-11 Encouragement of bicvcle travel 3.Measure 97-TC-16 Encouragement of pedestrian travel 4.Measure 97-TC-5 Expansion of public transportation systems 5.Measure 97-NR-6 Encourage the use of temporary electrical power lines rather than portable generators at construction sites 12/12/97 Survey Applicable Ordinances Survey of unpaved parking lots,vacant lots,and unpaved roads with applicable ordinances and Town codes. 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