[HISTORY: Adopted by the Town Board of the Town of Greenburgh 6-24-2009 by L.L. No.
6-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building regulations — See Part I.
Zoning — See Ch. 285.
[1]
Editor's Note: This local law also provided that it shall
take effect six months after filing with the Secretary of State.
A.
The Town of Greenburgh is committed to enhancing the public welfare
and assuring that further commercial and civic development is consistent
with the Town's desire to create a more sustainable community,
by incorporating green building measures into the design, construction,
and maintenance of buildings that minimize the short-term and long-term
negative impacts on the environment.
B.
In recent years, green building design, construction and operational
techniques have become increasingly widespread. Many homeowners, businesses,
and building professionals have voluntarily sought to incorporate
green building techniques into their projects. A number of local and
national systems have been developed to serve as guides to green building
practices. At the national level, the U.S. Green Building Council,
developer of the Leadership in Energy and Environmental Design (LEEDTM) Commercial Green Building Rating System and LEEDTM Reference Guide, has become a leader in promoting
and guiding green building. The Town finds that requiring certain
commercial and Town-sponsored projects to incorporate LEEDTM green building measures is necessary and appropriate
to achieve the benefits of green building.
C.
The intent of this chapter is to provide for green building practices
designed to achieve the following goals: to encourage resource conservation;
to reduce the waste generated by construction projects; to encourage
a reduction in the use of energy in both the initial construction
of a project, as well as its daily operations; to increase energy
efficiency; to promote the health and productivity of residents, workers,
and visitors to the Town; to encourage the construction of environmentally
sustainable municipal and privately owned buildings; and to encourage
the reduction of greenhouse gas (GHG) emissions in the building sector
to lessen the effects of climate change. A further intent of this
chapter is to benefit the owners and occupants of new commercial buildings,
offices, industrial buildings, mixed-use buildings, multiple-family
residences and senior citizen multiple-family residences with the
economic benefits of energy and water savings, good indoor air quality
and healthy, pleasant and productive surroundings.
For the purposes of this chapter, certain words and terms used
are defined as follows:
A change in the supporting members of a building, such as
bearing walls, columns, beams, girders or floors, or any other change
which is not merely a repair or replacement of any existing part,
where such change would tend to:
Any person, corporation, partnership, firm or any other entity
making an application to the Town pursuant to this chapter.
Any structure intended for the shelter, housing or enclosure
of any person, animal, property or substance; also see "structure."
Any project, other than a Town-sponsored project, which involves
the construction of commercial buildings, offices, industrial buildings,
mixed-use buildings, multiple-family residences and senior citizen
multiple-family residences.
An enclosed space in a building that is provided with a mechanical
heating system that has a capacity exceeding 10 Btu/(hr. x ft.2),
or is provided with a mechanical cooling system that has a capacity
exceeding five Btu/(hr. x ft.2), unless the space-conditioning system
is designed and thermostatically controlled to maintain a process
environment temperature less than 55°F or to maintain a process
environment temperature greater than 90°F for the entire space
the system serves.
The building of any building or structure or any portion
thereof.
All Town-sponsored construction projects and all commercial
projects within the Town that include 4,000 gross square feet or more
of conditioned space. For the purposes of this chapter, "covered project"
shall include alteration construction projects that incorporate 4,000
gross square feet or more of additional conditioned space. An alteration
construction project that consists solely of interior improvements
to an existing building shall not be considered a covered project.
The sum of the horizontal area of all stories of a building,
measured from the exterior faces of exterior walls, or, in the case
of a common wall separating two buildings, from the center line of
such common walls, but excluding unenclosed porches, porticoes, balconies,
raised platforms, roof overhangs, gutters and chimneys, and nonhabitable
space in a basement devoted to mechanical equipment, accessory storage,
parking and/or loading.
A whole systems approach to the design, construction, and
operation of buildings that helps mitigate the environmental, economic,
and social impacts of buildings. Green building practices recognize
the relationship between natural and built environments and seek to
minimize the use of energy, water, and other natural resources and
provide a healthy, productive indoor environment.
The Commissioner of Community Development and Conservation
or his or her designee.
A checklist or scorecard developed by the U.S. Green Building
Council, and as may be amended, for the purpose of calculating a score
on the LEEDTM Commercial Green Building
Rating System. Covered projects shall utilize the Green Building Project
Checklist that corresponds with the Green Building Rating System approved
for use.
A worksheet or form developed by the Green Building Compliance
Official, and as may be amended, which specifies information to be
submitted prior to any public hearing for site plan review for a covered
project. The Green Building Worksheet shall specify the form and content
of the required documentation.
A voluntary, third-party rating system where credits are
earned for satisfying specified green building criteria. Developed
by the United States Green Building Council (USGBC), LEEDTM is the nationally accepted benchmark for the design,
construction, and operation of high-performance green buildings. LEEDTM, as defined is this chapter, will refer to the most
current standards as revised by the USGBC.
The most recent version of the Leadership in Energy and Environmental
Design (LEEDTM) Commercial Green Building
Rating System, or other related LEEDTM rating
system, approved by the U.S. Green Building Council.
A supporting document published by the U.S. Green Building
Council that provides detailed information, resources, and standards
for the five environmental categories covered by the LEEDTM rating system, including information regarding the
documentation required for LEEDTM certification.
Town staff shall maintain the most recent version of the LEEDTM Reference Guide at all times.
The documentation required by § 233-5.
A building which is constructed or erected, or any piece
of work artificially built or composed of parts joined together in
some definite manner and permanently attached to the ground.
Any construction project primarily funded and sponsored by
the Town or on Town-owned land.
A.
The Town of Greenburgh hereby adopts, in principle, the USGBC's
LEED for New Construction (LEED-NC) Rating System, Version 3, and,
further, automatically adopts any future versions promulgated by the
USGBC. As new rating systems are developed by the U.S. Green Building
Council, the Green Building Compliance Official shall have the authority
to specify the applicable LEEDTM rating
system for a covered project. For the first six months after the release
of any new version of the Green Building Rating System, the applicant
shall be given the choice at the time the project is formally submitted
to the Department of Community Development and Conservation for approval
with the payment of appropriate fees of using the most current version
or the version to be superseded. Town staff shall maintain the most
recent version of the applicable LEEDTM rating systems at all times.
B.
The LEED-NC System establishes several levels of environmental achievement
from a "Certified" rating to a "Platinum" rating. The ratings are
attained by earning LEED points in the categories of "Sustainable
Sites," "Water Efficiency," "Energy and Atmosphere," "Materials and
Resources," "Indoor Environmental Quality" and "Innovation and Design
Process."
A.
Covered projects. All covered projects shall meet a minimum LEEDTM "Certified" rating, except as modified by the provisions of § 233-4B.
B.
Actions not required.
(1)
LEEDTM Registration and Certification.
Applicants are encouraged to register covered projects with the U.S.
Green Building Council LEEDTM certification
through the U.S. Green Building Council but this is not a requirement
under this chapter.
(2)
Building commissioning. Building commissioning, although specified
as a prerequisite for all LEEDTM ratings,
is not required under this chapter. Applicants are encouraged to verify
that fundamental building systems are designed, installed, and calibrated
to operate as intended.
C.
Non-covered projects. Applicants for non-covered projects are encouraged
to use their best efforts to incorporate as many green building measures
as feasible from the LEEDTM Commercial
Rating System.
D.
Residential construction. All buildings or structures that are single- and two-family residential are exempt from the requirements of this chapter but must follow the requirements of § 100-15.
E.
Compliance as a condition of approval. Compliance with the provisions of this chapter shall be listed as a condition of approval on any site plan approval issued for a covered project. Failure to comply with any of the terms of this chapter shall subject the covered project to the full range of enforcement mechanisms set forth in § 233-10, below.
A.
Site plan application review documentation.
(1)
In conjunction with an application for site plan review, the applicant
shall submit documentation indicating the measures to be used to achieve
the applicable LEEDTM rating. The documentation,
which shall be submitted to the Green Building Compliance Official
for review, shall also indicate how many credits the covered project
will achieve in each category and the level of LEEDTM certification that will be met. This documentation shall include:
(a)
The Green Building Project Checklist, which must be filled out
by a LEEDTM Accredited Professional, must
document which points can and cannot be earned, and must include an
estimated cost for each point;
(b)
The Green Building Worksheet with an analysis of each credit
claimed; and
(c)
Any other documentation that may be necessary to show compliance
with this chapter.
A.
Approval.
(1)
Notwithstanding any other provision of this Town Code, no building
permit shall be issued for any covered project unless and until the
Green Building Compliance Official has approved the pre-permitting
documentation submitted for the covered project.
(2)
The Green Building Compliance Official shall only approve the pre-permitting
documentation if it is determined that the pre-permitting documentation
indicates that the covered project can achieve the applicable LEEDTM rating, as set forth in § 233-4A. If the Green Building Compliance Official determines that these conditions have been met, the pre-permitting documentation shall be marked "Approved," and returned to the applicant. The Green Building Compliance Official shall notify the Planning Board and the Building Department when the pre-permitting documentation has been approved.
B.
Non-approval. If the Green Building Compliance Official determines
that the pre-permitting documentation is incomplete or fails to indicate
that the covered project will meet the required LEEDTM rating for the covered project as set forth in § 233-4A, he or she shall either:
(1)
Return the pre-permitting documentation to the applicant marked "Denied,"
including a statement of reasons, and so notify the Planning Board
and the Building Department; or
(2)
Return the pre-permitting documentation to the applicant marked "Further
Explanation Required," and detail the additional information needed.
C.
Resubmission. If the pre-permitting documentation is returned to the applicant, the applicant may resubmit the pre-permitting documentation with such additional information as may be required or may apply for an exemption under § 233-8.
D.
Timing of review. The Green Building Compliance Official shall review
the Green Building Project Checklist and all other pre-permitting
documentation for compliance with this chapter prior to the public
hearing on site plan, and again during plan check with the Building
Department.
A.
Compliance review.
(1)
Building Department staff shall verify that the green building measures
and provisions indicated in the pre-permitting documentation are being
implemented at foundation inspection, framing inspection, and prior
to issuance of a final certificate of occupancy.
(2)
The Green Building Compliance Official, Town Engineer or the Building
Department staff may also conduct other inspections as needed to ensure
compliance with this chapter. If, as a result of any such inspection,
the Green Building Compliance Official, Town Engineer, and/or Building
Department staff have made a determination that the covered project
does not comply with the pre-permitting documentation, a stop-work
order may be issued.
(3)
At the discretion of the Green Building Compliance Official, Town
Engineer or Building Inspector, such a stop-work order may apply to
the portion of the project impacted by noncompliance or to the entire
project. The stop-work order shall remain in effect until the Green
Building Compliance Official determines that the project will be brought
into compliance with the pre-permitting documentation and this chapter.
B.
Substitution of credits.
(1)
During compliance review for covered projects, flexibility may be
exercised by the Green Building Compliance Official to substitute
the approved credits with other credits in the approved LEEDTM rating system.
(2)
Substitution shall occur only at the written request of the applicant
and when it is determined that the originally approved credits are
no longer feasible.
C.
Compliance documentation.
(2)
Prior to issuance of a final certificate of occupancy. Prior to final
building permit approval and/or issuance of a final certificate of
occupancy, the applicant shall submit the following to the Green Building
Compliance Official:
(a)
Documentation that verifies incorporation of the design and
construction related credits from the pre-permitting documentation
for the covered project; and
(b)
A letter from the project architect or project contractor which
certifies that the building has been constructed in accordance with
the approved Green Building Project Checklist. The applicant may also
provide:
(3)
After one year of occupancy of any covered project. After one year
of occupancy of any covered project, the applicant, property owner,
or building tenant shall submit to the Green Building Compliance Official
documentation detailing conformance with the operation, efficiency,
and conservation-related credits approved with the pre-permitting
documentation for the covered project. The applicant may also provide:
(4)
After five years of occupancy of any covered project. If required
by the Green Building Compliance Official, after five years of occupancy
of any covered project, the applicant, property owner, or building
tenant shall submit to the Green Building Compliance Official documentation
detailing conformance with the operation, efficiency, and conservation-related
credits approved with the pre-permitting documentation for the covered
project. The applicant may also provide any additional information
the applicant believes is relevant to determining its good faith efforts
to comply with this chapter.
D.
Final determination of compliance. Prior to issuance of an occupancy
permit, the Green Building Compliance Official shall review the information
submitted by the applicant and determine whether the applicant has
achieved the required LEEDTM rating, as set forth in § 233-4A. If the Green Building Compliance Official determines that the applicant has not achieved the required LEEDTM rating, the Green Building Compliance
Official shall find as follows:
(1)
Good faith effort to comply.
(a)
If the Green Building Compliance Official determines that the
covered project has not met the requirements for the applicable LEEDTM rating, as set forth in § 233-4A, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this chapter.
(b)
In making this determination, the Green Building Compliance
Official shall consider the availability of markets for materials
to be recycled, the availability of green building materials and technologies,
and the documented efforts of the applicant to comply with this chapter.
(c)
The Green Building Compliance Official may require additional
reasonable green building measures as authorized in § 233-7D(3)
to be taken in the operation of the covered project to mitigate the
failure to comply fully with this chapter.
(2)
Noncompliance.
(a)
If the Green Building Compliance Official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by § 233-7C(2) within the required time period, then issuance of the final certificate of occupancy may be withheld.
(b)
The Green Building Compliance Official may require additional
reasonable green building measures as authorized in § 233-7D(3)
to be employed in the operation of the covered project to mitigate
the applicant's failure to comply with this chapter. Once the
applicant has performed such additional reasonable green building
measures, the Green Building Compliance Official shall certify to
the Building Inspector that all site plan conditions have been met
for final building approval and/or issuance of a certificate of occupancy
permit.
(c)
If the documentation submitted by the applicant as required by § 233-7C(3) and 233-7C(4) reveals that the applicant has not made a good faith effort to maintain the originally approved conservation- and energy-related credits in the operation of the building, the Green Building Compliance Official may require additional reasonable green building measures as authorized in § 277-7D(3).
(d)
Mitigation. If the Green Building Compliance Official determines
that the applicant has not complied with this chapter, the Green Building
Compliance Official may require further reasonable green building
measures to be employed in the operation and maintenance of the covered
project to mitigate the applicant's failure to comply fully with
this chapter. Such mitigation measures may include, but are not limited
to:
E.
LEEDTM certification. For covered projects that have voluntarily registered with the U.S. Green Building Council with the intent to certify the building at the "Certified" level or above, the Green Building Compliance Official may reduce the scope of the Town's compliance review. Depending on the timing of certification, the documentation required under § 233-7C(2), 233-7C(3), and 233-7C(4) may be reduced or eliminated.
A.
Exemption. If an applicant for a covered project believes that circumstances
exist that make it a hardship or infeasible to meet the requirements
of this chapter, he or she may apply for an exemption as set forth
below. In applying for an exemption, the burden is on the applicant
to show hardship or infeasibility.
B.
Application. If an applicant for a covered project believes such circumstances exist, the applicant may apply for an exemption at the time that he or she submits the pre-permitting documentation required under § 233-5. The applicant shall indicate in the pre-permitting documentation the maximum number of credits he or she believes is practical or feasible for the covered project and the circumstances that he or she believes make it a hardship or infeasible to comply fully with this chapter. Such circumstances may include, but are not limited to, availability of markets for materials to be recycled, availability of green building materials and technologies, and compatibility of green building requirements with existing building standards.
C.
Meeting with Green Building Compliance Official. The Green Building
Compliance Official shall review the information supplied by the applicant,
may request additional information from the applicant, and may meet
with the applicant to discuss the request.
D.
Granting of exemption.
(1)
If the Green Building Compliance Official determines that it is a
hardship or infeasible for the applicant to meet fully the requirements
of this chapter based on the information provided, the Green Building
Compliance Official shall determine the maximum feasible number of
credits reasonably achievable for the covered project and shall indicate
this number on the pre-permitting documentation submitted by the applicant.
(2)
The Green Building Compliance Official shall return a copy of the
pre-permitting documentation to the applicant marked "Approved with
Exemption" and shall notify the Building Department, in writing, that
the pre-permitting documentation has been approved.
(3)
If an exemption is granted, the applicant shall be required to comply
with this chapter in all other respects and shall be required to achieve,
in accordance with this chapter, the number of credits determined
to be achievable by the Green Building Compliance Official.
E.
Denial of exemption.
(1)
If the Green Building Compliance Official determines that it is possible
for the applicant to fully meet the requirements of this chapter,
he or she shall so notify the applicant in writing.
(2)
The applicant may resubmit the pre-permitting documentation in full compliance with §§ 233-5 and 233-6. If the applicant does not resubmit the pre-permitting documentation, or if the resubmitted pre-permitting documentation does not comply with §§ 233-5 and 233-6, the Green Building Compliance Official shall deny the pre-permitting documentation in accordance with § 233-6B.
A.
Any aggrieved applicant may appeal to the Planning Board the determination
of the Green Building Compliance Official regarding:
B.
The determination by the Green Building Compliance Official may be
appealed to the Planning Board by filing a written appeal with the
Town Clerk, within 15 calendar days of the determination by the Green
Building Compliance Official. The appeal shall state the alleged error
or reason for the appeal. In reviewing the appeal, the Planning Board
may request additional written or oral information from the applicant
or the Green Building Compliance Official. The Planning Board shall
issue a written determination within 30 business days of the first
meeting of the receipt of the appeal.
C.
The determination by the Planning Board may be appealed to the Town
Board by filing a written appeal with the Town Clerk, within 15 calendar
days of the written determination by the Planning Board. The Town
Board shall hold a public hearing regarding the appeal within 40 business
days of the date when the appeal was filed. The Town Board shall issue
a written determination within 15 business days of the close of the
public hearing.
A.
Violation of any provision of this chapter due to the applicant's failure to build the covered project in accordance with the covered project's plans, including the pre-permitting documentation and the conditions of approval in the applicable permit, shall be punishable as provided in § 285-47 of the Zoning Code of the Town of Greenburgh.
B.
Where the applicant has violated any provision of this chapter due
to the applicant's failure to build the covered project in accordance
with the project's plans, including the pre-permitting documentation
and the conditions of approval in the applicable permit, the Green
Building Compliance Official may require mitigation as set forth in
§ 233-7D(3).
C.
Enforcement pursuant to this section shall be undertaken by the Town
through its Green Building Compliance Official, Town Engineer, Town
Building Inspector, or the Town Attorney.
D.
These remedies are cumulative and the choice of one by the Town shall
not preclude pursuing the others.
Every applicant shall pay a fee of $0.03 per square foot of
the project, not to exceed $15,000, to the Town of Greenburgh Green
Building Fund. An applicant who registers a covered project with the
U.S. Green Building Council LEEDTM certification
through the U.S. Green Building Council shall have this fee refunded.
