[HISTORY: Adopted by the City Council of the City of Yonkers 5-14-2013 by G.O. No. 3-2013.[1] Amendments noted where applicable.]
A.Â
This chapter shall be known as "the Yonkers Green Buildings Code."
B.Â
The purpose of this legislation is to establish a City of Yonkers
policy to plan, design, construct, manage, renovate, and maintain
its facilities and buildings to be sustainable and to encourage certain
commercial and residential developers to do the same.
C.Â
Legislative findings.
(1)Â
The City of Yonkers is dedicated to the mutually compatible goals
of economic vitality, social equality and environmental stewardship.
(2)Â
The City of Yonkers is dedicated to the environmental health and
safety of its employees, and to efficient and effective work.
(3)Â
Municipal governments should assume the role of leadership in promoting
the efficient use of natural resources providing for the long-term
protection and enhancement of our environment, our economy and the
health of our citizens and future generations.
(4)Â
Buildings are one of the heaviest consumers of natural resources
and account for a significant portion of the greenhouse gas emissions
that affect climate change. In the United States, buildings account
for 38% of all CO2 emissions. Buildings represent
73% of electricity consumption.
(5)Â
The Yonkers Green Development Standards will address specific environmental
impacts of development in Yonkers. Use of these standards will conserve
natural resources, increase energy and water efficiency and improve
indoor air quality to maintain long-term value, reduce operating costs,
and ensure more comfortable and healthy buildings in Yonkers.
(6)Â
It is in the best interest of the people of Yonkers that all municipal
buildings constructed, expanded, or renovated should be modern facilities,
combining the most energy-efficient design, the most environmentally
sustainable systems, with maximum access and benefit to employees
and the public.
(7)Â
The City of Yonkers should encourage the use of the Yonkers Green
Building Standards in certain commercial and residential developments.
As used in this chapter, the following terms shall have the
meanings indicated:
The City of Yonkers and its departments, offices, including
the Yonkers City School District.
The Commissioner of the Yonkers Department of Housing and
Buildings.
[Amended 6-14-2022 by Ord. No. 5-2022]
All construction projects, involving nonresidential developments
of greater than 15,000 square feet or residential developments with
more than 25 units, including those projects on City-owned real property,
which meet the terms of Subsection A or B of this definition:
[Amended 6-14-2022 by Ord. No. 5-2022]
The City is the record owner of said real property including
land and/or buildings or related improvements which are used for municipal
or school purposes; and
Which involve new construction, or renovation of an existing
building or the expansion of an existing building, provided that this
chapter shall apply only to the extent of the improvements:
Necessary for the renovation or rehabilitation of a portion
of an existing building; or
Necessary for the expansion of an existing building, the applicable
green building standards shall apply only to such portion of an existing
building being renovated or rehabilitated or to the actual expansion
of the existing building respectively; and
The Department of Housing and Buildings.
[Amended 6-14-2022 by Ord. No. 5-2022]
Any real property and buildings and/or improvements thereon
owned by the City of Yonkers and used for municipal and public purposes.
The standards developed and approved by the Commissioner
designed to conserve natural resources, increase energy and efficiency
and improve indoor air quality.
The Commissioner shall implement the Yonkers Green Building
Standards within 30 days after passage of this legislation by the
Yonkers City Council. The Commissioner shall cause said standards
to be reviewed on an annual basis and provide an annual report to
the City Council.
[Amended 6-14-2022 by Ord. No. 5-2022]
A.Â
Green building standards. All covered projects entering the design
phase 90 or more days after the effective date of this legislation
shall be designed, constructed and certified to meet the Yonkers Green
Building Standards.
B.Â
Exemptions. A covered project does not have to meet the Yonkers Green
Building Standard if the Commissioner determines that:
(1)Â
There is no appropriate Yonkers Green Building Standard or comparable
standard for that type of building or renovation project. In such
case, the Department may set lesser green building standards that
are appropriate to the project.
(2)Â
There is no practical way to apply the Yonkers Green Building Standard
to a particular building or renovation project. In that case, the
Department may set different green building standards that are appropriate
to the project.
C.Â
Any determinations made by the Commissioner as to exemptions under
this section shall be detailed in writing and made part of the Department's
record.
All new nonresidential development site plan applications for
projects greater than 15,000 square feet and residential development
site plan applications for projects greater than 25 units shall include
a green buildings survey in a form to be approved by the Commissioner.
[Added 6-14-2022 by Ord. No. 6-2022]
Any new nonresidential or residential development which includes
parking garages and/or parking lots with 10 or more parking spaces
shall provide either:
A.Â
Panel capacity
and conduit for the future installation of minimum 208/240V forty-amp
outlets for at least 5% of the total parking spaces and not less than
two parking spaces; or
B.Â
Minimum
208/240V forty-amp outlets for at least 5% of the total parking spaces
and not less than two parking spaces; or
C.Â
The developer
may propose an alternative electric vehicle charging plan for approval
by the Commissioner of the Department of Housing and Buildings or
his designee.