Wednesday, April 22, 2009

GREENBURGH TO MANDATE LEEDS -ENERGY EFFICIENCY IN NEW COMMERCIAL CONSTRUCTION

Members of the Greenburgh Town Board (Francis Sheehan, Diana Juettner, Sonja Brown, Kevin Morgan and I) are seeking a change in the town law to mandate that new commercial construction be energy efficient (meet LEED –NC rating standards). This will provide owners and occupants of new commercial and multi family buildings with the economic benefits of energy and water savings, good indoor air quality and healthy surroundings.
Greenburgh was the first community in New York State and the second in the United States to mandate that residential buildings comply with energy star standards. The town mandated energy star in 2001. About 70 new homes have been built since 2001, complying with the energy STAR regulations. Energy STAR only deals with residential construction. Since 2001 the town has been discussing a similar mandate for commercial construction. The new legislation, which is being introduced today, could be approved in May – after a public hearing is held.
In addition to the above actions – the Greenburgh Town Hall has been partially powered with solar panels since 2006. The new library uses geothermal energy. Greenburgh was the first local government in the Hudson Valley to have an energy conservation coordinator. Allegra Dengler is our energy conservation coordinator, replacing Nikki Coddington. Deann Cartwright is our energy conservation outreach coordinator.
A copy of the proposed law requiring commercial construction follows.
PAUL FEINER
Greenburgh Town Supervisor


Local Law No. /2009




A local law amending the Greenburgh Town Code by adding a new Chapter 233 entitled, “Green Building Initiative and Energy Conservation Construction Standards” pursuant to New York State Constitution Article IX and Municipal Home Rule Law § 10.


§ 1. Enactment of new Chapter 233, Entitled “Green Building Initiative and Energy Conservation Construction Standards.”

A. § 233-1. Legislative Findings and Intent.
B. § 233-2. Green Building Rating System.
C. § 233-3. Applicability.
D. § 233-4. Standards for Green Building Projects.
E. § 233-5. Compliance and Enforcement.

§ 2. Severability.

§ 3. Effective Date.



§ 1. Enactment of new Chapter 233, Entitled “Green Building Initiative and Energy Conservation Construction Standards.”


§ 233-1. Legislative Findings and Intent.

The Town of Greenburgh is committed to minimizing the short-term and long-term negative impacts construction has on the environment. The intent of this article is to provide owners and occupants of new commercial buildings, offices, industrial buildings, mixed use building, multiple residences and senior citizen multiple residences with the economic benefits of energy and water savings, good indoor air quality and healthy, pleasant and productive surroundings. A further intent of this article is to benefit the community by having buildings constructed that are resource-efficient and conserve energy.


§ 233-2. Green Building Rating System.

A. The Town of Greenburgh hereby adopts, in principle, the U.S. Green Building Council's (USGBC) Leadership in Energy and Environmental Design for New Construction (LEED-NC) Rating System, Version 2.2, and, further, automatically adopts any future versions promulgated by the USGBC. For the first six months after adopting an amended version, applicants may apply under the preexisting version.

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 & Atmosphere, Materials & Resources, Indoor Environmental Quality and Innovation & Design Process.

§ 233-3. Applicability.

This local law shall be applicable to all new construction of a commercial building, office building, industrial building, mixed use building, multiple residence or senior citizen multiple residence equal to or greater than 4,000 square feet, and the provisions of this article are mandatory for any application received by the Town.

§ 233-4. Standards for Green Building Projects.

A. Every applicant who files an application for site plan review for construction of a new commercial building, industrial building, office building, mixed use building, multiple residence or senior citizen multiple residence shall make a good faith effort to achieve LEED certification by providing a completed LEED-NC checklist or an equivalent standard including but not limited to Green Globes USA design standards or the local variant of a green building project checklist acceptable to the Commissioner of the Department of Community Development and Conservation or his/her designee. The Commissioner of the Department of Community Development and Conservation or his/her designee shall provide for an exemption for any building if a written analysis finds that the cost of such compliance significantly outweighs the benefits.

B. 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 achieves LEED-certified status shall have this fee refunded.


§ 233-5. Compliance and Enforcement.

A. No site plan application will be deemed complete unless the LEED-NC review documentation or documentation under an equivalent standard including but not limited to Green Globes USA design standards or the local variant of a green building project checklist acceptable to the Commissioner of the Department of Community Development and Conservation or his/her designee demonstrates that the developer of the proposed building shall make a good faith effort to attain LEED-certification or certification under an equivalent standard.

B. The design professional shall determine whether the requirements under the pre-permitting documentation have been implemented at each stage of construction, including at the foundation inspection, framing inspection, prior to issuance of a final certificate of occupancy.


§ 2. Severability. If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this chapter, or its application to the person or circumstance directly involved in the controversy in which such order or judgment shall be rendered.

§ 3. Effective Date. This law shall take effect six months after filing with the Secretary of State.


Greenburgh: Named by MONEY MAGAZINE in 2008 as “ONE OF THE BEST PLACES TO LIVE” IN AMERICA (#80)

JOB E MAIL LIST---I am trying to help unemployed Greenburgh residents find work. If your company/business has any job openings please e mail me at pfeiner@greenburghny.com. If you are out of work and want to be advised of job openings please advise.

9 comments:

hal samis said...

This is such a joke.

The Town of Greenburgh has determined that the standards of a trade association composed of manufacturers can hereafter be the author of imposed legally binding standards for new construction.

Or renounce claim to an extorted$15,000 plus all other associated costs as the alternative if the developer wants to go ahead.

Pity all the development sites that are not near a bus stop. Pity anyone who wants to use redwood siding.

No Certificate of Occupancy, no site plan approval unless the applicant can show that it doesn't work economically...

And did I read any mention of LEEDS certification. An expense starting at $100,000 and moving rapidly upstream.

Chalk up another misfire from Commissioner Madden and Town Attorney Tim Lewis.

That it will cost developers time and out of pocket expense to make a mockery of this new law is not the immediate concern. These costs will be passed on from owners to buyers, tenants, customers.

Few renewable energy projects exist that have attained the theoretical point where they save the developer money (it costs more to build LEEDS, the energy savings generally doesn't start until year 8 or beyond). And, what has yet to be established is whether the systems last, without new money going into refurbishing, as long as the cost efficiency kick-off. In other words, when the system starts returning its higher cost through energy savings, does the system need to be replaced?

But that doesn't trouble Greenburgh. The Town Board believes that other communities will be green with envy over our energy incentives; many residents are green with nausea over the thought of another business permit
abort.

Things are already bad enough said...

Samis is absolutely right. This is so not the time for Greenburgh to be discouraging new construction by adopting mandatory standards promulgated by a trade association group that will drive up local costs of construction, with no provable economic or even "green" benefit to the community. There's a reason no other communities have bought into this.

Disgruntled Greenburgher said...

Remember also that when Greenburgh mandated energy star compliance in 2001, every homeowner forfeited the tax breaks included to encourage compliance. Why? Because the Town's building code required compliance and the tax breaks were only for individuals who chose to voluntarily comply. By making compliance mandatory (as part of the Building Code necessary to get a Town-issued Certificate of Occupancy) there was no way of meeting the voluntary compliance standard mandated by the non-Town government.
Green is good - dumb is forever!

Anonymous said...

You'll probably delete the comment from Disgruntled Greenburgher - but s/he's right. Look at the record.

Anonymous said...

That should read, "They are the ones felled by 'friendly fire.'"

Anonymous said...

Hal, you missed your bus OUT OF TOWN again. I did find money in the budget just for your one way ticket. You can take your jar of honey with you.

hal samis said...

Dear 11:50,

At least someone was on that bus.

Are you the one who writes on Resolutions, like the one allowing the Deputy Commissioner of the TDYCC and another employee to accompany the 18 Fairview students on their annual college tour, AT NO COST TO THE TOWN.

You remember, the Resolution voted upon at the Special Town Board meeting in Hartsdale where the Seniors from East Hartsdale Avenue wouldn't know any better.

Like those salaries for the week are not a cost to the Town. And like no one had to pitch in and cover for them while they were out.

Look how much money unincorporated residents could save if the TDYCC ran followed this model.
2 staffers, 18 kids = 1 per 9 kids.
Send 1 staffer out per week with 9 kids and residents could save enough (at no cost) to buy stock through Xposure.

With accounting skills like that. I'm not surprised you could find money in the budget.

Anonymous said...

It is unfortunate that the Town Board never thouroughly researches legislation that is proposed. You are creating a law that ties into a buildimg rating system LEED NC that is being replaced on April 27, 2009. Will the town be hiring a LEES AP to administer this requirement?

Anonymous said...

It is even more unfortunate that neither the Town Board nor the Town Supervisor have the inclination to think through their actions.
Knee jerk reactions and "TV" solutions (that is, all problems can be solved in an hour, with time left for commercial messages) are inappropriate to the 80th best place to live. (One could argue that we don't even have the 80th best government in NY State.)
Thoughtful solutions, arrived at transparently by an open government would be better.
Listen to critical voices - the truth is not the sole province of the Supervisor and his friends - it belongs to the people.
Lincoln described it as "...the government of the people, by the people and for the people..." and he never mentioned political leaders at all.