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AN ORDINANCE
Adopting the U.S. Green Building Council's
Leadership in Energy and Environmental Design
Green Building Rating SystemTM for
Certain Construction and Renovation Projects in the City
WHEREAS, the City of Evanston ("the City") Strategic Plan, adopted
pursuant to Resolution 27-R-06 ("the Plan"), defines the City's vision as "Creating the
most Livable City in America;" and
WHEREAS, the Plan further states that the City's Natural Resources
Vision is to be known as "the Green City" and commits the City to embracing the best
ecological practices and policies in government, services and infrastructure; and
WHEREAS, Goal number 4 of the Plan is to "create and maintain
functionally appropriate, sustainable, accessible high quality infrastructure and
facilities" and specific objective "E" of Goal number 4 is "to better manage our
buildings, prepare and implement a long-range and comprehensive facility
maintenance plan;" and
WHEREAS, Goal number 5 of the Plan is to protect and optimize the
City's natural resources and built environment, leading by example through
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sustainable practices and behaviors, specific objective "A" of Goal number 5 is to
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0 "review current City policies and procedures to identify and improve sustainable and
environmentally -friendly practices for the City and its citizens," and specific objective
"B" of Goal number 5 is to "identify and utilize new practices that will improve the
quality of life that will enhance the City's sustainability;" and
WHEREAS, the U.S. Mayors Climate Protection Agreement, which the
City adopted pursuant to Resolution 59-R-06, states: "We will strive to meet or exceed
Kyoto Protocol targets for reducing global warming pollution by taking actions in our
own operations and communities;" and
WHEREAS, the U.S. Green Building Council ("USGBC") is a non-profit,
nationally recognized association with membership representing all segments of the
building industry, including architects, manufacturers, government agencies, and
• environmentalists; and
WHEREAS, USGBC has created the Leadership in Energy and
Environmental Design ("LEED") Green Building Rating SystemTM which provides
specific principles and practices that may be applied to building design, construction,
and operation; and a process by which buildings may receive certification from the
USGBC as a "green building" for achieving certain sustainable standards of energy
efficiency, sustainable site development, water savings, materials selection, and
indoor environmental quality; and
WHEREAS, buildings account for thirty-eight percent (38%) of carbon
dioxide (CO2) emissions per year and the LEED Green Building Rating System directly
• addresses CO2 emissions from buildings and their use; and
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0 WHEREAS, buildings consume approximately thirty percent (30%) of the
total energy and approximately sixty percent (60%) of electricity generated in the
United States; and
WHEREAS, Subsection 6-3-6-3 of the Evanston City Code, 1979, as
amended, states that the public benefit of planned developments may include:
and
...the substantial incorporation of generally recognized sustainable
design practices and/or building materials to promote energy
conservation and improve environmental quality, such as level silver or
higher LEED (Leadership in Energy and Environmental Design)
certification;
WHEREAS, the City promotes resource -efficient design of new buildings
in order to increase their energy efficiency, conserve financial and natural resources,
• and reduce the negative environmental impact of demolition, construction, and
C]
operation of buildings; and
WHEREAS, the City Council recognizes the significant long-term
economic, health and environmental benefits to the City, its residents, and employees
achieved through the use of LEED criteria; and
WHEREAS, the City Council finds that employing LEED criteria will
diminish buildings' negative environmental effects, thereby promoting the health,
safety, and welfare of City residents and employees,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
MCM
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40 SECTION 1: That, for the purposes of this ordinance, the following terms
shall have the following meanings:
(a) "Commercial" shall refer to all uses as defined and included in the scope of the
International Building Code as adopted by the City.
(b) "Interior renovations" shall refer to 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's
system, such as HVAC, electrical, or plumbing.
(c) "Square feet" shall be the gross square footage being constructed or renovated
as listed on the building permit.
(d) "Addition" shall refer only to a portion added to an existing building.
SECTION 2: That 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 10,000 square feet or greater to all commercial and
• multi -family buildings, shall employ the version of the LEED for New Construction and
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Major Renovations ("LEED-NC") in effect one hundred eighty (180) days prior to the
date of application for a building permit, and shall achieve the following level of LEED
certification:
A. for City -owned or City -financed facilities: Silver Rating or higher;
B. for all commercial and multi -family buildings: Silver Rating or higher.
SECTION 3: That the City shall meet with potential developers to discuss
possible incentives, including expedited plan review or financial assistance for the costs
that may be associated with a LEED Certified Silver project. Such meetings shall occur
prior to any such developer making a permit application.
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9 SECTION 4: That all developers who propose projects that, per this
ordinance, 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:
(A) 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
(B) documentation that said project has been registered with USGBC.
SECTION 5: That for any project that must be certified LEED Silver or
higher pursuant to this ordinance, 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.
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SECTION 6: Penalty:
(A) For any project that must be certified LEED Silver or higher pursuant to this
ordinance, 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 in 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.
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40 (B) Any such developer shall have two (2) years from the date of the issuance of the
project's FCO 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 6 (A) of this ordinance with a CE equal to zero (0).
(C) If there is a dispute as to whether the project has achieved the applicable LEED
requirements, 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 achieve LEED certification and the project's impact on the City.
(D) The City shall invest any monies collected pursuant to Section 6 of this ordinance
in a fund, established hereby, to be called 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.
SECTION 7: That this ordinance shall not apply to any project:
• (A) that, prior to the effective date of this ordinance, has received a building permit,
Variation, Special Use, or Unique Use from the City; or
is
(B) for which the developer of said project can demonstrate, to the City's reasonable
satisfaction, that he/she has substantially changed his/her position prior to the
effective date of this ordinance and based on reasonable reliance on the
applicable City Code requirements in effect at the time of said change in position.
SECTION 8: That the terms of this ordinance shall neither limit nor
prohibit the applicability of the terms of Title 2, Chapter 9 of the City Code (the
"Historic Preservation Ordinance") to any construction or renovation project.
SECTION 9: That the City strongly recommends ongoing training
regarding green building practices for all City project managers, operation staff, and
maintenance staff who supervise building design, construction, and operations.
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SECTION 10: That the City shall encourage the application of LEED
criteria to any construction or renovation project not subject to this ordinance,
whenever such application is practicable.
SECTION 11: That if any provision of this ordinance or application thereof
to any person or circumstance is ruled unconstitutional or otherwise invalid, such
invalidity shall not affect other provisions or applications of this ordinance that can be
given effect without the invalid application or provision, and each invalid provision or
invalid application of this ordinance is severable.
SECTION 12: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 13: That this ordinance shall be in full force and effect from and
after its passage, approval, and publication in the manner provided by law.
Introduced
Adopted
nI�r,.b�r
9 , 2009 Approved:
Attest:
Rodney Gre e, C`ity Clerk
, 2009
&+U,; t .r , 2009
Eliza6Ath B. Tisdahl, Mayor
Approved as to form:
Elke B. Tober-Purze, Interim
First Assistant Corporation Counsel
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