Belmont Municipal Code Art. XV Green Building Requirements

Footnotes:

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Editor's note— Ord. No. 1054, adopted Nov. 23, 2010, provides that this article shall take effect on May 25, 2011. Additionally, § 8 of said ordinance provides that an application for a building permit, or any discretionary review approval, received after December 31, 2010 must comply with this ordinance unless complete plans were submitted to the City of Belmont prior to December 31, 2010.

The purpose of this chapter is to enhance public health and welfare by encouraging green building practices in the design, construction, and maintenance of buildings. The green building practices referenced in this chapter are intended to achieve the following goals:

(1) To encourage the conservation of natural resources;

(2) To reduce waste in landfills generated by construction projects;

(3) To increase energy efficiency and lower energy usage;

(4) To reduce the operating and maintenance costs for buildings; and

(5) To promote a healthier indoor environment.

(Ord. No. 1048, 5-25-2010; Ord. No. 1054, 11-23-2010)

"3 rd Party Inspection" means an inspector having a GreenPoint Rater Certification by the organization Build It Green or a LEED AP Credential.

"Build It Green (BIG) TM " means the nonprofit organization that publishes the New Home Construction Green Building Guidelines, the New Home Green Points Checklist, the Existing Home Green Points Checklist, and the Multifamily Green Points Checklist, and any successor entity that assumes responsibility for the programs and operations of Build It Green TM .

"Commercial and industrial project" means any new construction or tenant improvement of a retail, office, industrial, warehouse, or service building, or portion of a building, which is not a residential project.

"Residential alteration and new construction project" means the alteration or new construction of R2, R3, R3.1, and R4 buildings, except hotels and motels, built to the specifications of the California Building Code (CBC), California Electrical Code (CEC), California Mechanical Code (CMC), California Plumbing Code (CPC), and California Energy Code.

"Green building" means a whole systems approach to the design, construction, location and operation of buildings and structures that helps to mitigate the environmental, economic, and social impacts of construction, demolition, and renovation. Green building practices recognize the relationship between the natural and built environments and seek to minimize the use of energy, water, and other natural resources and promote a healthy, productive indoor environment.

"GreenPoint Rated (GPR)" means the version of the applicable GreenPoint Rated checklist approved by Build It Green TM , in effect at the time of project application for a city building permit.

"LEED ® Rating System" means the applicable version of the Leadership in Energy and Environmental Design (LEED ® ) rating system, approved by the U.S. Green Building Council (USGBC), in effect at the time of project application for a city building permit.

(Ord. No. 1048, 5-25-2010; Ord. No. 1054, 11-23-2010)

(a) This article shall apply to all construction that falls within the scope of work detailed in the matrix below.

(b) This article shall not apply to maintenance, repair, or replacement of existing building elements including, but not limited to: roofs, water heaters, boilers, furnaces, air conditioning equipment, wood decay, and structural repair.

(Ord. No. 1048, 5-25-2010; Ord. No. 1054, 11-23-2010)

The following construction projects are subject to this ordinance:

(Ord. No. 1048, 5-25-2010; Ord. No. 1054, 11-23-2010)

(a) Exemption. If an applicant for a covered project believes that circumstances exist that make it an undue hardship to meet all of the requirements of this chapter, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show undue hardship.

(b) Application. If an applicant for a covered project believes such circumstances exist, the applicant may apply for an exemption at the time of the planning application or the building permit submittal. The applicant shall indicate the maximum threshold of compliance he or she believes is feasible and the circumstances that he or she believes create an undue hardship to fully comply with this chapter. For the purposes of this section, an undue hardship exists if:

(1) There is a lack of commercially available green building materials and technologies; or

(2) The green building compliance requirements do not include enough green building measures that are compatible with the scope and cost of the covered project.

(c) Granting of exemption. If the building official determines that it is an undue hardship for the applicant to fully meet the requirements of this chapter, based on the information provided, the building official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. The decision of the building official shall be provided to the applicant in writing. If an exemption is granted, the applicant shall be required to comply with this chapter in all other respects and shall be required to achieve, in accordance with this chapter, the threshold of compliance determined to be achievable by the building official.

(d) Denial of exemption. If the building official determines compliance would not constitute an undue hardship, the request shall be denied and the building official shall notify the applicant in writing.

(e) All decisions of the building official under this section shall be final.

(Ord. No. 1048, 5-25-2010; Ord. No. 1054, 11-23-2010)

This article is categorically exempt from the provisions of Chapter 3 (commencing with Section 21100 of Division 13 of the Public Resources Code (California Environmental Quality Act (CEQA)) pursuant to the State CEQA Guidelines Section 15308, Actions By Regulatory Agencies for the Protection of the Environment of the CEQA Guidelines as an action that assures the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.

(Ord. No. 1048, 5-25-2010; Ord. No. 1054, 11-23-2010)