This by law is adopted by the Town of Lexington to protect health,
safety, and the natural environment and reduce air pollution and greenhouse
gas emissions, which causes climate change, thereby threatening the
Town and its inhabitants.
EFFECTIVE DATE
Shall mean 90 days following the date by which the Town is
authorized by the Department of Energy Resources to regulate fossil
fuel infrastructure.
MAJOR RENOVATION
Shall mean a project associated with a valid building permit
application filed on or after the effective date of this article that
meets the definition of Major Renovation as defined in 225 CMR 24:
[Amended 3-18-2024 ATM by Art. 38]
A.
Low-rise residential additions over 1,000 square feet and additions
exceeding 100% of the conditioned floor area of the existing dwelling
unit;
B.
Additions over 20,000 square feet and additions that exceed
100% of the conditioned floor areas of the existing building for all
building use types except low-rise residential;
C.
Level 3 alterations as defined in the International Existing
Building Code (IEBC 2021) (which exceed 50% of the existing conditioned
floor area) exceeding 1,000 square feet for low-rise residential,
or exceeding 20,000 square feet for all other building uses; or
D.
Change of use of over 1,000 square feet per International Energy
Conservation Code (IECC 2021) Section R505; or
E.
Change of use of over 20,000 square feet or change of use of
100% of the conditioned floor areas of the existing building for all
building use types except low-rise residential, International Energy
Conservation Code (IECC 2021) Section C505.
NEW BUILDING
Shall mean a new building or new accessory building, as defined in the Lexington Zoning Bylaw, Chapter
135 of the Code of the Town of Lexington, associated with a building permit application filed on or after the effective date.
ON-SITE FOSSIL FUEL INFRASTRUCTURE
Shall mean piping for coal, natural gas or other fuel hydrocarbons,
including synthetic equivalents, or other fossil fuels that is in
a building, in connection with a building, or otherwise within the
property lines of a premises, extending from a supply tank or from
the point of delivery behind a gas meter or the customer-side of a
gas meter.
This chapter shall apply to all building permit applications
for new buildings and major renovations proposed to be located in
whole or in part within the Town, except that this chapter shall not
apply to:
A. Research laboratories for scientific or medical research;
B. Hospitals regulated by the Department of Public Health as a health
care facility;
C. Medical offices regulated by the Department of Public Health as a
health care facility;
D. Buildings heated with clean biomass heating systems as defined in
225 CMR 23 as the only combustion equipment;
E. Multifamily buildings over 12,000 square feet with permit application
filed prior to January 1, 2027, that utilize gas or propane for domestic
water heating as the only combustion equipment;
F. Utility service piping connecting the grid to a meter, or to a gas
meter itself;
G. The extension or modification of heating systems via HVAC system
modification, or modification of radiator, steam, or hot water piping,
provided new fossil fuel piping is not installed;
H. Repairs of any existing portions of a fuel piping system deemed unsafe
or dangerous by the Plumbing and Gas Fitting Inspector;
I. For building permit applications for new buildings and major renovations
filed before December 31, 2024: Piping required to fuel backup electrical
generators, indoor or outdoor cooking appliances, indoor or outdoor
fireplaces or fire features, or appliances for outdoor heating; or
[Amended 3-18-2024 ATM by Art. 38]
J. For building
permit applications for new buildings and major renovations filed
on or after January 1, 2025: Piping required to fuel backup electrical
generators, outdoor cooking appliances, outdoor fireplaces or fire
features, or appliances for outdoor heating.
[Added 3-18-2024 ATM by Art. 38]
The Select Board, or its designee, shall hear appeals from decisions
of the Building Commissioner under this chapter.
The Select Board, or its designee, shall provide data and other
information on the impacts of this bylaw on emissions, building costs,
operating costs, the number of building permits issued, and other
information as required or requested by the Department of Energy Resources
and the Secretary of Housing and Economic Development.