Article IX — Green Building

16-90 GREEN BUILDING............................................................................................IX-3 16-90.010 - Purpose......................................................................................................... IX-3 16-90.020 - Covered Projects .......................................................................................... IX-3 16-90.030 - Standards for Compliance............................................................................ IX-4 16-90.040 - Documentation............................................................................................. IX-4 16-90.050 - Review of Documentation............................................................................ IX-5 16-90.060 - Verification .................................................................................................. IX-5 16-90.070 - Cost of Verification...................................................................................... IX-6 16-90.060 - Exemptions................................................................................................... IX-6

Article IX - Green Building

Effective 4-16-2010

IX-1

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

Article IX - Green Building

Effective 4-16-2010

IX-2

TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-90.010

Green Building

Section:

16-90.010 - Purpose 16-90.020 - Covered Projects 16-90.030 - Standards for Compliance 16-90.040 - Documentation 16-90.050 - Review of Documentation 16-90.060 - Verification 16-90.070 - Cost of Verification 16-90.080 - Exemptions

The purpose of Section 16-90 is to enhance the public health and welfare and assure that residential development is consistent with the Town’s desire to create a more sustainable community by incorporating green building measures into the design, construction and maintenance of buildings and appurtenant development. The green building practices referenced in this Section 16-90 are designed to achieve the following objectives:

• A. Encourage resource conservation;

• B. Reduce waste generated by construction projects;

• C. Increase energy and water efficiency; and

• D. Promote the health of residents.

Provisions of Section 16-90 shall apply to:

• A. The construction of new dwelling units, including dwelling units deemed “new construction” in compliance with Subsection 16-52.020.K. (New construction projects versus remodel projects).

• B. Additions to existing dwelling units that constitute at least five hundred square feet of conditioned floor area.

• C. The construction of new non-residential buildings or additions to existing buildings that equal or exceed 3,000 square feet of conditioned space.

• D. Town-sponsored projects.

Article IX - Green Building

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-90.030

Green Building

All covered projects shall demonstrate compliance with the applicable green building rating checklist or system and minimum point requirements set forth in the green building Standards for Compliance, as established by separate resolution of the Council, as amended from time to time.

• A. Residential Projects . Application for building permits for residential covered projects shall submit two completed sets of the applicable green building rating checklist and supporting documentation indicating the measures to be used to achieve the required number of points to achieve conformance with the Town’s Standard for Compliance. The submitted green building rating checklist shall be prepared or certified as accurate by a certified green building rater. Building permit drawings shall indicate in the general notes or individual detail drawings, where appropriate, the green building measures to be used to attain the required number of points.

B. Non-residential Projects.

1. Projects from 3,000 to 19,999 square feet of conditioned space. All applicants are required to retain the services of a LEED® Accredited Professional and submit a copy of the LEED® checklist and supporting documentation indicating compliance with the Town’s Standards for Compliance, signed by the project LEED® Accredited Professional prior to issuance of a building permit. All building documents shall indicate in the general notes and/or individual detail drawings, where feasible, the green building measures employed to attain the applicable LEED® rating.

Projects exceeding 19,999 square feet of conditioned space. Non-residential covered projects shall follow the certifying and procedural requirements of the U.S. Green Building Council for the LEED® rating system. All applicants are required to retain the services of a LEED® Accredited Professional and complete LEED® project registration prior to issuance of a building permit. Applicants shall submit proof of registration of the project with the U.S. Green Building Council and submit a copy of the LEED® checklist and supporting documentation indicating compliance with the Town’s Standards for Compliance, signed by the project LEED® Accredited Professional, prior to issuance of a building permit. All building documents shall indicate in the general notes and/or individual detail drawings, where feasible, the green building measures employed to attain the applicable LEED® rating. The applicant shall also provide the Building Official with online access to the U.S. Green Building Council website in order for the Building Official to monitor the submission of documents by the applicant to the U.S. Green Building Council. If the Building Official determines the project is no longer in compliance with the approved plans or that the applicant is not diligently pursuing LEED® certification by the U.S. Green Building Council, the Building Official may issue a stop work order.

Article IX - Green Building

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-90.050

Green Building

3. Alternative rating system. The Council may, by resolution, adopt an alternative green building rating system other than LEED®.

If the Building Official determines that the green building documentation fails to indicate that the project will conform to the Standards for Compliance, the documentation shall be returned to the applicant as incomplete, with an indication of additional information or project modifications that may be required for approval. A building permit, including a grading permit, shall not be issued until the submittal documentation has been approved.

• A. Residential projects. A Certified Green Building Rater or Town building inspector shall verify that the green building measures indicated in the approved green building documentation have been implemented through inspections during the construction of the project or through review of purchase receipts or photographic documentation. At the completion of project construction, the Certified Green Building Rater or Town building inspector shall verify compliance with the approved green building documentation and the Standards for Compliance. During the verification process for the project, flexibility may be exercised by substituting other allowable compliance measures. Substitution of measures must be approved by the Building Official by submittal and approval of a revised Green Building Rating Checklist by the Certified Green Building Rater. An occupancy permit or final inspection approval for the construction project shall not be granted until the Building Official has determined that all required green building measures have been implemented.

B. Non-residential projects.

1. Projects from 3,000 to 19,999 square feet of conditioned space. A LEED® Accredited Professional shall verify that the green building measures indicated in the approved green building documentation have been implemented through inspections during the construction of the project or through review of purchase receipts or photographic documentation. At the completion of project construction, the LEED® Accredited Professional shall verify compliance with the approved green building documentation and the Standards for Compliance. During the verification process for the project, flexibility may be exercised by substituting other allowable compliance measures. Substitution of measures must be approved by the Building Official by submittal and approval of a revised LEED® checklist by the LEED® Accredited Professional. An occupancy permit or final inspection approval for the construction project shall not be granted until the Building Official has determined that all required green building measures have implemented. Certification through the U.S. Green Building Council is not required.

Projects exceeding 19,999 square feet of conditioned space. Prior to approval of a final inspection for any covered non-residential project, the applicant shall demonstrate substantial completion of the LEED® documentation for the project as evidenced by accessing the online information of the project on the U.S. Green Building Council’s website, following which the Building Official shall grant a

Article IX - Green Building

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-90.070

Green Building

conditional occupancy permit if all other requirements have been satisfied. Within one year of granting such conditional occupancy permit, the applicant (or current owner) shall submit satisfactory evidence of LEED® certification to the Building Official. Failure of the applicant to submit such evidence shall be a violation of this Municipal Code, entitling the Building Official to revoke the conditional occupancy permit, require the vacancy of the building, and/or impose a civil penalty of $250 per day against the applicant (or current owner) until such evidence of certification has been submitted.

The costs for verification of compliance with green building requirements, including the hiring of a Certified Green Building Rater or a LEED® Accredited Professional, shall be borne by the applicant.

• A. Exemptions. This Section shall not apply to:

  1. Secondary dwelling units,

  2. Civic facilities that are located within leased buildings,

  3. Historic buildings, or

  4. Any project that received and maintains a valid Site Plan and Architectural Review approval or a building permit, or which has submitted a complete Site Plan and Architectural Review application or a completed Building Permit application prior to October 31, 2008.

• B. Hardship or Infeasibility Exemption. An exemption from the Standards for Compliance based on hardship or infeasibility may be granted by the Building Official under special circumstances. Such circumstances may include, but are not limited to: availability of green building materials and technology, conflict between green building requirements and other building or zoning standards, or provision of alternate methods that provide greater resource conservation, energy conservation or resident health than adopted green building measures. The determination by the Building Official shall be provided in writing to the applicant. The decision of the Building Official may be appealed to the Council in compliance with Section 16-66 (Appeals).

Article IX - Green Building

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE