[HISTORY: Adopted by the Town Board of the
Town of Huntington 8-5-2008 by L.L. No. 23-2008. Amendments noted
where applicable.]
It is the intent of the Town Board to adopt
this chapter in order to set forth specific planning and design criteria
and requirements for development and redevelopment that will enhance
the public welfare. This chapter will set forth standards, requirements
and criteria which assure that further development is consistent with
the Town's goals to create consistent and comprehensive goals for
development that include incorporating green building measures into
the design, construction, and maintenance of buildings. Practices
referenced in this Chapter are designed to encourage resource conservation;
To reduce the waste generated by construction projects; To increase
energy efficiency; To promote the health and productivity of residents,
workers and visitors to the Town.
As used within this Chapter, the following terms
and words shall having the meaning indicated:
Any individual, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity that
applies to the Town for the applicable permits to undertake any construction
or renovation project within the Town.
Any structure used for support or shelter of any use or occupancy,
as defined in the Building Codes of the State of New York.
Any project, other than a Town-sponsored project, which is
not residential.
The erection/building of any building or structure or any
portion thereof.
All new construction of commercial projects within the Town
that include a gross floor area of four thousand (4,000) square feet
or more.
A building planned and constructed utilizing a whole systems
approach to the design, construction, and operation of buildings that
helps mitigate the environmental, economic, and social impacts of
buildings. Green building practices recognize the relationship between
natural and built environments and seek to minimize the use of energy,
water, and other natural resources and provide a healthy, productive
indoor environment.
The Director of Planning and Environment and the Director
of Engineering Services or their designee.
A checklist or scorecard developed by the U. S. Green Building
Council, and as may be amended, for the purpose of calculating a score
on the LEED™ Commercial Green Building Rating System. Covered
projects shall utilize the Green Building Project Checklist that corresponds
with the Green Building Rating System approved for use.
A worksheet or form developed by the Green Building Compliance
Officials, and as may be amended, which specifies information to be
submitted prior to any approval for a covered project. The Green Building
Worksheet shall specify the form and content of the required documentation.
Any building or structure listed on or eligible for listing
on a national or state register or designated in a Town Code listing
of historic resources.
The most recent version of the Leadership in Energy and Environmental
Design (LEED™) Commercial Green Building Rating System™,
or other related LEED™ Rating System, approved by the U. S.
Green Building Council. As new rating systems are developed by the
U.S. Green Building Board, the Green Building Compliance Officials
shall have the authority to specify the applicable LEED™ Rating
System for a covered project. For the first six months after the release
of any new version of the Green Building Rating System, the applicant
shall be given the choice at the time the project is formally submitted
for approval with the payment of appropriate fees of using the most
current version or the version to be superseded.
A supporting document published by the U.S. Green Building
Council that provides detailed information, resources, and standards
for the five (5) environmental categories covered by the LEED™
Rating System, including information regarding the documentation required
for LEED™ certification.
The documentation required by Section 197-4(B).
Any non-residential construction project primarily funded
and sponsored by the Town of Huntington or on land owned by the Town
of Huntington.
A.
Standards for Compliance for Covered Projects: All
covered projects shall meet a minimum LEED™ "Certified" rating.
In order to meet the minimum LEED™ "Certified" rating the following
requirements shall be fulfilled by the applicant:
1.
LEED™ Registration and Certification: Applicants
must register covered projects with the U.S. Green Building Board.
LEED™ certification through the U.S. Green Building Council
as required under this Chapter.
2.
Building Commissioning: Building commissioning by
the US Green Building Council is required under this Chapter. Applicants
must verify that fundamental building systems are designed, installed,
and calibrated to operate as intended.
B.
Submission of Pre-Permitting Documentation.
1.
Design Review Documentation: The applicant shall submit
documentation indicating the measures to be used to achieve the applicable
LEED™ rating. The documentation, which shall be submitted to
the Green Building Compliance Officials for review, shall also indicate
how many credits the covered project will achieve in each category
and the level of LEED™ certification that will be met. This
documentation shall include:
C.
Building Permit Documentation: Required submissions;
fees.
1.
The applicant shall submit a completed Green Building
Project Checklist with the first building permit plan set submitted.
All building plans shall indicate in the general notes or individual
detail drawings, where feasible, the green building measures to be
used to attain the applicable LEED™ rating.
2.
Every applicant shall pay a fee of one ($1.) dollar
per square foot of the project, not to exceed two hundred thousand
($200,000.) dollars, to be held in a "Huntington Green Building Trust
and Agency Account" that shall be established by the Town Comptroller.
An applicant who receives LEED "Certified" status shall have this
fee refunded except for an administrative fee of $0.1 per square foot
of the project and an additional fee of $0.1 per square foot to provide
for training initiatives for Town staff charged with administering
this Local Law.
3.
Screening Meeting: After submission of the documentation
required by Section 197-4(B) the Green Building Compliance Officials
shall arrange a meeting with the applicant to discuss the proposed
measures, as needed.
4.
Application Processsing: As a condition of processing
the application, the applicant may be required to pay for the reasonable
costs of an outside consultant to review documentation to determine
compliance with the LEED Green Building Rating System certification
process. All such costs shall be paid by cash or certified check and
are in addition to any other required fee. Within thirty (30) days
of the date on the written request for payment, the applicant shall
submit to the Department of Planning and Environment for deposit into
a non-interest bearing trust and agency account maintained by the
Town an amount determined by the Director of Planning and Environment,
or his/her designee, to be utilized by the Town to pay for such services
during the review process. Upon request, the applicant shall be provided
with copies of invoices submitted to the Town for the work of outside
consultants and studies. In the event the sum initially deposited
by the applicant is not sufficient and additional funds are necessary,
the applicant shall pay such additional sums within twenty (20) days
of the date on the written request for payment. After all reasonable
charges have been paid to the vendor(s) by the Town, any balance remaining
on deposit in the account shall be returned to the applicant. In the
event an application is withdrawn at any stage by the applicant, any
unused portion of the sums on deposit shall be returned to the applicant.
D.
Review of Pre-Permitting Documentation.
1.
Approval: Notwithstanding any other provision of the
Huntington Town Code, no building permit shall be issued for any covered
project unless and until the Green Building Compliance Officials have
approved the pre-permitting documentation submitted for the covered
project. The Green Building Compliance Officials shall only approve
the pre-permitting documentation if it is determined that the pre-permitting
documentation indicates that the covered project can achieve the applicable
LEED™ rating. If the Green Building Compliance Officials determine
that these conditions have been met, the pre-permitting documentation
shall be marked "Approved," and returned to the applicant. The Green
Building Compliance Officials shall notify the Building Division that
the pre-permitting documentation has been approved. No building permit
shall be issued until the pre-permitting documentation has been approved
under this section or an exemption has been granted under Section.
2.
Non-Approval: If the Green Building Compliance Officials
determine that the pre-permitting documentation is incomplete or fails
to indicate that the covered project will meet the required LEED™
rating for the covered project, he or she shall either:
3.
Re-Submission: If the pre-permitting documentation
is returned to the applicant, the applicant may re-submit the pre-permitting
documentation with such additional information as may be required
or may apply for an exemption under Section 197-4(F)(5)(a).
E.
Construction Compliance.
1.
Compliance Review: Building Division staff shall verify
that the green building measures and provisions incorporated in the
building construction plans and specifications are being implemented.
The Green Building Compliance Officials or the Building Division staff
may also conduct other inspections as needed to ensure compliance
with this Chapter.
(a)
Substitution of Credits. During compliance review
for covered projects, flexibility may be exercised by the Green Building
Compliance Officials to substitute the approved credits with other
credits in the approved LEED™ Rating System. Substitution shall
occur only at the request of the applicant and when it is determined
that the originally approved credits are no longer feasible.
2.
Compliance Documentation: Prior to final building
approval and/or issuance of a certificate of occupancy, the applicant
shall submit the following to the Green Building Compliance Officials:
(a) documentation that verifies incorporation of the design and construction
related credits from the pre-permitting documentation for the covered
project; and (b) a letter from the project architect or project contractor
that certifies that the building has been constructed in accordance
with the approved Green Building Project Checklist. The applicant
must also provide: (c) any additional documentation required by the
LEED™ Reference Guide for LEED™ certification, and (d)
any additional information the applicant believes is relevant to determining
its good faith efforts to comply with this Chapter.
3.
Non-Compliance: Penalties. If, as a result of any
such inspection, the Green Building Compliance Officials or Building
Division staff determines that the covered project does not comply
with the pre-permitting documentation, a stop-work order may be issued.
At the discretion of the Green Building Compliance Officials such
a stop-work order may apply to the portion of the project impacted
by noncompliance or to the entire project. The stop-work order shall
remain in effect until the Green Building Compliance Officials determine
that the project will be brought into compliance with the pre-permitting
documentation and this Chapter.
F.
Exemptions.
1.
Historic Structures: All historic structures are exempt
from the requirements of this Chapter. Applicants for historic structures
are encouraged to use their best efforts to incorporate as many of
the green building measures as feasible from the LEED™ Commercial
Rating System without compromising the historical integrity of the
structure.
2.
Non-Covered Projects: Applicants for non-covered projects
though exempt from the requirements of this Chapter, shall be encouraged
to use their best efforts to incorporate as many green building measures
as feasible from the LEED™ Commercial Rating System.
3.
Existing Projects: Projects that are design and plan
completed as of the effective date of this legislation are exempt
from the provisions of this Local Law
4.
Town-Sponsored Project: any non-residential construction
project, under four thousand (4,000) square feet, primarily funded
and sponsored by the Town of Huntington or on land owned by the Town
of Huntington, shall be exempt from the requirements of this chapter.
5.
Hardship or Infeasibility
Exemption: If an applicant for a covered project believes that circumstances
exist that make it a hardship or infeasible to meet the requirements
of this Chapter, he or she may apply for an exemption as set forth
below. In applying for an exemption, the burden is on the applicant
to show hardship or infeasibility.
a.
Application: If an applicant for a covered project
believes such circumstances exist, the applicant may apply for an
exemption at the time that he or she submits the pre-permitting documentation
required under Section 197-4(D)(2). The applicant shall indicate in
the pre-permitting documentation the maximum number of credits he
or she believes is practical or feasible for the covered project and
the circumstances that he or she believes make it a hardship or infeasible
to comply fully with this Chapter. Such circumstances may include,
but are not limited to, availability of markets for materials to be
recycled, availability of green building materials and technologies,
and compatibility of green building requirements with existing building
standards.
b.
Meeting with Green Building Compliance Officials:
The Green Building Compliance Officials shall review the information
supplied by the applicant, may request additional information from
the applicant, and may meet with the applicant to discuss the request.
c.
Granting of Exemption: If the Green Building Compliance
Officials determine that it is a hardship or infeasible for the applicant
to meet fully the requirements of this Chapter based on the information
provided, the Green Building Compliance Officials shall determine
the maximum feasible number of credits reasonably achievable for the
covered project and shall indicate this number on the pre-permitting
documentation submitted by the applicant. The Green Building Compliance
Officials shall return a copy of the pre-permitting documentation
to the applicant marked "Approved with Exemption" and shall notify
the Building Division that the pre-permitting documentation has been
approved. 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 number of credits
determined to be achievable by the Green Building Compliance Officials.
d.
Denial of Exemption: If the Green Building Compliance
Officials determine that it is possible for the applicant to fully
meet the requirements of this Article, he or she shall so notify the
applicant in writing. The applicant may resubmit the pre-permitting
documentation in full compliance with Sections 197-4(B) and (C). If
the applicant does not resubmit the pre-permitting documentation,
or if the resubmitted pre-permitting documentation does not comply
with this Article, the Green Building Compliance Officials shall deny
the pre-permitting documentation in accordance with Section 197-4(B)
and (C).
G.
Appeal. It is the intention of the Town Board to protect
the legal rights of the public by insuring every applicant under this
chapter receives fair and expeditious due process by providing for
an administrative hearing officer to preside over denials of Exemptions
under this chapter. Any applicant or person who is aggrieved by a
Green Building Compliance Officials' determination finding non-compliance
with this chapter, or the denial of a Hardship or Infeasibility Exemption,
may appeal such determination before a duly appointed hearing officer.
1.
All hearings contemplated under this chapter shall
be administered by a duly appointed hearing officer. In order to accomplish
this goal, the Town Board is exercising its authority under § 10(1)(ii)(a)(12)
of the Municipal Home Rule Law, § 136(1) and § 137
of the Town Law and any other applicable provision of law now or hereafter
enacted, to supersede and/or expand upon the applicable provisions
of § 137 of the Town Law, and any other applicable or successor
law, in order to permit an appointed administrative hearing officer
to preside over appeals or hearings required to be held under this
code.
2.
All hearings shall be recorded.
3.
The hearing officer shall file his/her written findings
with the Town Clerk and send a copy of his/her written findings to
the applicant by regular or certified mail, no later than 30 days
from the close of the hearing.
H.
Judicial review. Any applicant, person, or persons
jointly or severally aggrieved by any final determination of the Hearing
Officer, may seek to have such order reviewed by the Supreme Court
in the manner prescribed by Article 78 of the Civil Practice Act and
as otherwise provided for in the laws of the State of New York.
