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GREENBURGH'S EARTH DAY LEGISLATION--GREEN BUILDINGS TO BE MANDATED IN COMMERCIAL CONSTRUCTION
Release Date: April 22, 2009

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.
 

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