The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Central air conditioning system includes any combination of equipment, whether compressor or other type, by which heat is removed from the air and from which the accumulated or effluent heat is fully or partially removed by the use of water or air cooled refrigerants. The term "central air conditioning system" does not include portable air conditioning units designed for installation in window openings. The term "central air conditioning system" shall include any portable units designed for window installation which are installed as permanent fixtures and remain in place year-around.

Other mechanical system includes any mechanical apparatus or combination of equipment which is utilized to treat or service the air, water or other necessity of a residential dwelling or its accessory buildings.

Pump includes any combination of equipment by which water or air or other substance is transferred from one location to another, or is transferred to and/or through mechanical equipment for the purpose of treating or otherwise altering the materials so moved.

Swimming pool filters includes any combination of equipment by which particulate matter or other contaminates are removed from water and returned to residential swimming pools, either permanent or temporary.

(Ord. No. 242, § 28-140, 8-10-1998)

Uses in all districts of the city shall comply with the standards of performance set forth in this article; generally accepted methods of collection and standard methods of chemical analysis shall be used in the application of those standards.

(1)

Air contaminants. Air contaminants as measured not less than 100 feet and not more than one-quarter mile from stack or source. Air contaminants less dark in shade than that designated as No. 2 on the Ringelmann Chart, as published by the U.S. Bureau of Mines, are permitted except that No. 2 is permitted for one four minute period in each one-half hour. Air contaminants of such opacity as to obscure observer's view to a degree equal to or greater than described in this section shall not be permitted except that essentially water vapor effluents in the range of white or cream may be excepted from this rule.

(2)

Particulate matter and dust. Particulate matter and dust as measured at a convenient measuring point nearest to stack outlet or source. Particulate matter or dust as measured at and by any generally accepted manner shall not be emitted in excess of three-tenths grain per cubic foot of flue gas at a stack temperature of 500 degrees Fahrenheit not exceeding 50 percent excess air, except for periods of four minutes in any one-half hour, when it can equal but not exceed five-tenths grains per cubic foot of flue gas at a temperature of 500 degrees Fahrenheit not exceeding 50 percent excess air.

(3)

Odor. The emission of odors which are generally agreed to be obnoxious to any considerable number of persons, at their place of residence, shall be prohibited.

(4)

Gases as measured at the property line. Sulfur dioxide gas shall not exceed an average of three-tenths parts per million over a 24 hour period, provided, however, a maximum concentration of five-tenths part per million will be allowed for a one hour period out of a 24 hour period; hydrogen sulfide shall not exceed one-tenth part per million; fluorine shall not exceed one-tenth part per million; nitrous fumes shall not exceed five parts per million; carbon monoxide shall not exceed 15 parts per million.

(Code 1969, § 5.85; Code 1977, § 28-133)

In addition to section 44-194, there shall not be discharged from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment or nuisance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such persons or the public or which cause injury or damage to business or property.

(Code 1969, § 5.86; Code 1977, § 28-134)

Radioactive materials shall not be emitted to exceed quantities established as safe by the United States Bureau of Standards or as amended from time to time.

(Code 1969, § 5.87; Code 1977, § 28-135)

The following standards shall apply at the point of waste discharge into the public sanitary sewer system:

(1)

Acidity or alkalinity shall be neutralized within an average Ph range of between 5.5 and 7.5 as a daily average on the volumetric basis, with a temporary variation of pH 4.5 to 10.0.

(2)

Wastes shall contain no cyanide expressed as "CN" in excess of one part per million; chromium in excess of five parts per million; total iron in excess of five parts per million; copper in excess of three parts per million; chlorinated solvents in excess of ten parts per million; fluorides in excess of ten parts per million; hydrogen sulphide in excess of five parts per million and sulphur dioxide and nitrates in excess of ten parts per million.

(3)

Wastes shall not contain any insoluble substance in excess of 10,000 parts per million or exceed a daily average of 500 parts per million or fail to pass a number 8 standard sieve or have a dimension greater than one-half inch.

(4)

Wastes shall not have a chlorine demand greater than 15 parts per million.

(5)

Wastes shall not contain phenols in excess of 0.02 part per million.

(6)

Wastes shall not contain any grease or oil or any oily substance in excess of 100 parts per million or exceed a daily average 25 parts per million.

(Code 1969, § 5.88; Code 1977, § 28-136)

(a)

In all residential districts, any central air conditioning systems, swimming pool filters, pumps, and any other mechanical systems shall be located in the rear yard of the residence to be served. No system may be located less than five feet from the side or rear lot line of the property being served.

(b)

In the event property layout interferes with compliance with this section, a property owner may locate mechanical apparatus regulated by this section in accordance with an alternative location to be specified by the city building department. In no event shall any installation be approved which could constitute the creation of a noise nuisance to adjoining landowners or otherwise interfere with the quiet enjoyment of other property.

(Ord. No. 242, § 28-141, 8-10-1998)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative rules means the City of Gibraltar Stormwater Management Program Administrative Rules.

Applicant means the developer/owner who owns property located in the city and who seeks to develop that property for residential or commercial use.

Detention andretention ponds means a constructed pond or basin that temporarily stores water before discharging into a surface water. Detention basins can be classified into three groups:

(1)

Constructed wetland a detention basin that uses a variety of depths to create conditions suitable for the growth of wetland plants.

(2)

Extended detention basin a detention basin designed to treat stormwater by detaining it for an extended time period.

(3)

Wet detention basin a detention basin that contain a permanent pool of water that will effectively remove nutrients in addition to other pollutants.

(Ord. No. 318, 8-28-2006)

An adequate storm drainage system, which includes necessary storm sewers and retention/detention ponds shall be required in all subdivisions and may be required in other areas of development. Detailed plans for storm drainage systems shall be submitted to the city engineer for approval. Detention or retention ponds shall not be placed within a residential lot. Detention and retention ponds shall be placed in outlots, so dedicated with appropriate easements for drainage purposes. Such detention or retention ponds shall be set back from any road right-of-way a distance equal to the front yard setback requirements for the subdivision and from all other boundaries of the outlot a sufficient distance to meet side yard setback requirements. Applicant shall grant an easement to the city should it be necessary for the city to take over maintenance of the detention and retention ponds.

(Ord. No. 318, 8-28-2006)

All detention and retention ponds shall meet the design specifications and requirements as set forth in chapter 14 as pertaining to the stormwater management, as well as all requirements of the administrative rules.

(Ord. No. 318, 8-28-2006)

In addition to all other requirements as may be set forth in this chapter and in any other applicable ordinances, a minimum of one evergreen tree shall be planted every 40 feet around the perimeter of all detention or retention ponds. If the pond is fenced, then landscaping shall be provided at a rate of one evergreen tree every 20 feet around the perimeter of the detention or retention pond. Language may be modified should the council mandate fences.

(Ord. No. 318, 8-28-2006)

The planning commission shall not approve any site plan that has not addressed each retention, detention, or watercourse issue inherent to the property or the development project and which has not complied with this or any other applicable chapter.

(Ord. No. 318, 8-28-2006)

(a)

Consistent with the administrative rules, an applicant shall submit a long-term maintenance plan as part of an application for stormwater construction approval. At a minimum, the long-term maintenance plan shall set forth:

(1)

The preventive maintenance activities necessary to ensure that the stormwater management system will function properly as designed.

(2)

A schedule describing the frequency with which preventative maintenance activities shall occur.

(3)

The manner in which the applicant shall assure, through a legally binding instrument, that the stormwater management system shall be maintained in perpetuity.

(b)

Long-term maintenance shall include site monitoring to ensure that a stormwater management system is functioning properly as designed; remedial actions necessary to repair, modify, or reconstruct the system in the event the system does not function properly as designed at any time; notification to subsequent owners of limitations or restrictions on the property; actions necessary to enforce the terms of restrictive covenants or other instruments applicable to the property pursuant to chapter 14 as pertaining to the stormwater management, the administrative rules and such other actions as may be set forth in chapter 14 as pertaining to the stormwater management or the rules.

(c)

As a condition of final approval of the stormwater management system, an applicant for stormwater construction approval shall demonstrate to the city that the applicant has assumed responsibility for long-term maintenance of the stormwater management system in subsection (d) of this section.

(d)

Responsibility for long-term maintenance of a stormwater management system shall be assumed by the applicant. The applicant shall assume responsibility for long-term maintenance through a legally-binding instrument signed by the applicant and the city. The applicant may designate another entity (including without limitation a homeowners association, condominium association, or property owner) to undertake this responsibility; however, that applicant shall remain responsible for long-term maintenance.

(e)

The applicant will be required to post a performance bond to guarantee compliance with the long-term maintenance requirements of this article.

(Ord. No. 318, 8-28-2006)

Should the applicant fail to maintain the detention or retention ponds, the city shall take all necessary and available steps to ensure the maintenance of the ponds. If the applicant shall be in default of the maintenance agreement, the city, through its contractors, employees and agents, will have the right to enter the property and repair and maintain the stormwater management system to ensure the health, safety and welfare of its residents. The city may pursue whatever legal remedies it has available in order to be reimbursed for all costs incurred in taking over the maintenance and repair, including by not limited to, legal action against the applicant and assessing a special assessment to all benefited property pursuant to chapter 11 of the city Charter and chapter 44.

(Ord. No. 318, 8-28-2006)