HomeMy WebLinkAboutORDINANCES-2011-017-O-11t
Effective Date: March 18, 2011 2/24/2011
2/8/2011
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AN ORDINANCE
Codifying and Amending Ordinance 14-0-09,
as Amended by Ordinance 124-0-09,
by Enacting a New Title 4, Chapter 25 of the City Code,
."Green Building Ordinance"
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Title 4 of the Evanston City Code of 1979, as
amended, is hereby further amended by enacting a new Chapter 25 thereof,
"Green Building Ordinance", to read as follows:
• 4-25-1: PURPOSE:
The purpose of this Chapter is to promote the public health, safety, and welfare
by requiring that certain new construction projects, and the renovation of certain
existing buildings, within the City of Evanston, employ sustainable design
practices and/or building materials to promote energy conservation and improve
environmental quality.
4-25-2: DEFINITIONS:
For the purpose of this Chapter, unless the context requires otherwise, the
following terms shall have the following meanings:
ADDITION: Any portion added to an existing building.
BUILDING OFFICIAL: As defined in Section 4-2-2 of this Code.
COMMERCIAL: All uses as defined and included in the scope of the International
Building Code as adopted by the City.
• ESBMIR: The City of Evanston Sustainable Building Measures for Interior
Renovations.
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INTERIOR RENOVATION: Interior alteration, including remodeling, rehabilitation,
or work otherwise contained mainly within the interior of a structure; this shall not
include work for the sole purpose of improving a building system, such as HVAC,
electrical, or plumbing.
LEED: The USGBC Leadership in Energy and Environmental Design Green
Building Rating System TM.
SQUARE FEET: The gross square footage being constructed or renovated as
listed on the building permit.
USGBC: The United States Green Building Council.
4-25-3: NEW CONSTRUCTION AND ADDITION REQUIREMENTS:
New construction and additions ten thousand square feet (10,000 sq. ft.) or
greater to City -owned or fully or partly City -financed buildings, and new
construction and additions ten thousand square feet (10,000 sq. ft.) or greater to
all commercial and multi -family buildings, shall employ, as specified hereinafter,
either ESBMIR or the version of the LEED Rating System applicable to said
project in effect one hundred eighty (180) days prior to the date of application for
a building permit, and shall achieve the following:
(A) for City -owned or City -financed facilities: LEED Silver Rating or higher;
•
(B) for all commercial and multi -family buildings greater than twenty
thousand square feet (20,000 sq. ft.): LEED Silver Rating or higher.
(C) for all commercial and multi -family buildings ten thousand square feet
(10,000 sq. ft.) to twenty thousand square feet (20,000 sq. ft.): LEED
Silver Rating or higher, or employ fifteen (15) ESBMIR measures.
4-25-4: INTERIOR RENOVATION REQUIREMENTS:
Interior renovations of all City -owned or City -financed facilities, all commercial
buildings, and all multi -family buildings shall:
(A) employ the version of the LEED Rating System applicable to said project
in effect one hundred eighty (180) days prior to the date of application for
a building permit and that each project shall achieve Silver Rating or
higher of LEED certification; or
(B) employ the version of the ESBMIR, included herein as Appendix A to this •
Chapter, in effect one hundred eighty (180) days prior to the date of
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application fora building permit and that each project shall employ no
fewer than:
1. three (3) ESBMIR measures for projects less than five thousand
square feet (5,000 sq. ft.);
2. five (5) ESBMIR measures for projects five thousand square feet
(5,000 sq. ft.) to twenty thousand square feet (20,000 sq. ft.);
3. seven (7) ESBMIR measures for projects greater than twenty
thousand square feet (20,000 sq. ft.).
4-25-5: DEVELOPER MEETINGS:
The City shall meet with developers of projects that will be covered by the terms
of this Chapter to discuss possible incentives, including expedited plan review or
financial assistance for the costs that may be associated with such a project.
Such meetings shall occur prior to any such developer making a permit
application.
4-25-6: SUBMISSIONS:
• (A) Any developer who proposes a project that, pursuant to this Chapter,
must be certified LEED Silver or higher, shall submit to the Building
Official, as a required part of any application for a building permit related
to the project:
•
1. a proposed USGBC LEED credit checklist, signed by an
accredited LEED Professional, that identifies the LEED credits the
developer intends to pursue for the project, the parties responsible
for each credit, and a brief description of how each credit shall be
earned; and
2. documentation that said project has been registered with USGBC.
(B) Any developer who proposes project that employs ESBMIR instead of
LEED shall submit to the Building Official, as a required part of any
application for. a building permit related to the project, a completed
ESBMIR checklist that identifies the sustainable building measures the
applicant shall employ. '
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4-25-7: POST -CONSTRUCTION REVIEW: •
(A) For any project that must be certified LEED Silver or higher pursuant to
this Chapter, the developer shall submit to the Building Official a
completed USGBC LEED Design Phase Review Approval letter before
the Building Official may issue a Final Certificate of Occupancy ("FCO")
for the project. The Building Official may request documentation related
to the LEED credits earned prior to issuing the FCO.
(B) For any project that employs ESBMIR measures pursuant to this Chapter,
the developer shall submit sufficient documentation to the Building Official
for him/her to ascertain which measures the developer actually employed
before the Building Official may issue a Final Certificate of Occupancy
("FCO") for the project. The Building Official may withhold a Final
Certificate of Occupancy ("FCO") if fewer measures were employed than
required by this Chapter. -
4-25-8: PENALTIES:
(A) USGBC-Certified Projects:
1. For any project that must be certified LEED Silver or higher
pursuant to this Chapter, the developer of said project shall •
demonstrate compliance with the applicable LEED requirements by
means of an independent report provided by the USGBC. Should a
project fail to obtain the required LEED certification, the developer
of said project, or its agents, successors, or assigns, shall owe the
City a penalty to be calculated by the following formula:
P = [(LSM-CE) / LSM] x CV x 0.75%
P is the Penalty ih dollars; LSM is the minimum credits needed to
earn a LEED Silver rating, or LEED Silver Minimum; CE is the
number 'of Credits Earned as documented in the USGBC report;
and CV is the Construction Value as set forth in the building permit
for the project.
2. Any such developer shall have two (2) years from the date of the
issuance of the project's temporary certificate of occupancy to
supply to the Building Official the independent report from the
USGBC. certifying the project's LEED certification. Should any such
developer fail to submit such a report in the time allowed, it shall
owe the City a penalty calculated pursuant to Section 8-(A) of this •
Chapter with a CE equal to zero (0).
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•
3. If there is a dispute as to whether the project has complied with the
applicable requirements set forth in this Chapter, or if the developer
requires more time, the developer may appeal to the City Manager
or his/her designee. The City Manager may reduce a penalty in
whole or in part for good cause shown, taking into consideration the
failure to comply with said requirements and the project's impact on
the City.
(B) The City shall invest any monies collected pursuant to this Section in the
Sustainable Evanston Fund (the "Fund"). Monies deposited in the Fund
shall be used exclusively to support the City's Office of Sustainability,
provide technical assistance and plan review for proposed green
buildings, support education, training and outreach to the public and
private sectors on green -building practices, and other initiatives designed
to support environmental sustainability. The City Manager shall administer
the Fund in accordance with the City's investment policy.
4-25-9: HISTORIC PRESERVATION:
The terms of this Chapter shall neither limit nor prohibit the applicability of the
terms of Title 2, Chapter 9 of the City Code, as amended (the "Historic
• Preservation Ordinance"), to any construction or renovation project.
4-25-10: RECOMMENDATIONS:
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The City encourages ongoing training regarding green building practices for all
City project managers, operation staff, and maintenance staff who supervise
building design, construction, and operations, and the application of sustainable
building practices to any construction or renovation project not subject to this
Chapter, whenever such application is practicable
4-25-11: SEVERABILITY:
If any provision of this Chapter or application thereof to any person or
circumstance is held unconstitutional or otherwise invalid, such invalidity shall not
affect other provisions or applications of this Chapter that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this Chapter is severable.
APPENDIX A: Evanston Sustainable Building Measures for Interior Renovations
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Each bullet point below shall count for one measure unless otherwise noted •
below. Applicants may choose measures from various categories or several
from one category.
Stormwater Management:
• All hardscape no less than 50% permeable.
Water Use:
• All plumbing fixtures - use WaterSense labeled as applicable.
• Install a greywater or stormwater harvesting system.
Lighting:
• Install automatic daylighting controls in no less than 50% of interior spaces
within 15 feet of perimeter.
• Exceed the Lighting Power Density (LPD's) of the current City of Evanston
Energy Code by no less than 5%. Compliance to be shown using
COMcheck.
Mechanical:
• All warm air combustion furnaces: minimum Annual Fuel Utilization
Efficiency (AFUE) of 90%.
• All Air Conditioners and Condensing Units < 65,000 btu/h: minimum SEER •
rating of 15.
• All Electronically Operated Unitary Air Conditioners and Condensing Units
> 65,000 btu/h: minimum EER rating of 12.
• Commission the mechanical and lighting systems in accordance with
ASHRAE guideline 0.
• Provide mechanical, lighting and miscellaneous electrical system
monitoring with the capability to log the data for a minimum of 1 year.
• Perform Retro Commissioning under the Energy Star program for existing
commercial building guidelines.
• Provide for 3% of the building annual energy use with onsite renewable
energy production.
• Register and obtain Building Operator Certification via the Midwest Energy
Efficiency Alliance (MEEA) Program.
Building Enclosure:
• Exceed the prescriptive envelope provisions of current City of Evanston
Energy Code by no less than 17.5%. Compliance shall be shown using
COMcheck.
• Exceed the prescriptive envelope provisions of current City of Evanston
Energy Code by no less than 35%. Compliance shall be shown using •
COMcheck. (Worth 2 measures)
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• • Install an Energy Star -compliant roof.
• Provide a vegetative roof over no less than 20% of the roof area.
Materials and Resources:
• Building reuse — maintain no less than 75% of existing walls, floors and
roof.
• Building re e — maintain no less than 50% of non -shell elements.
• No less thanus75% of all new wood to be Forest Stewardship Council (FSC)
certified.
• Reuse of resources — no less than 10% of project materials (sell, donate,
reuse)
a. Non -code windows for non -conditioned space;
b. Lumber, wood scraps, reusable forms;
c. Unused supplies;
d. Fixtures and appliances.
• Use of recycled content materials — no less than 10% of project materials.
• Use of recycled content materials — no less than 20% of project materials.
(Worth 2 measures)
• Local/Regional Materials — No less than 10% of project materials or
products that have been extracted, harvested or recovered, as well as
manufactured, within 500 miles of the project site.
• Use 40 — 50 year material rated for roof replacements.
• Rapidly Renewable Materials - no less than 2.5% of the project.
Interior Finishes:
• Use low VOC finishes (Worth 1 measure for every 2 of the following):
a. All paints and coatings;
b. All field applied adhesives;
c. All carpeting;
d. All furniture systems - Greenguard Certified;
e. All composite wood shall be free from urea -formaldehyde.
SECTION 2: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed. '
SECTION 3: That this ordinance shall be in full force and effect
from and after its passage, approval, and publication in the manner
provided by law.
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Introduced:, 2011
Adopted:, o� , 2011
Attest:
Rodney eene, City Clerk
Approved:
2011
J
Eft th B. Tisda Mayor
Approved as to form:
W. Grant`Farrar, City Attorney
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