[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Makefield 11-4-2009 by Ord. No. 380. Amendments noted where
applicable.]
This chapter shall be known as the "Lower Makefield Township
Green Building Code."
A.
Findings. The Board makes the following findings:
(1)
Green building design, practices and construction referenced herein
are intended to encourage resource conservation, to reduce the waste
generated by construction projects, to increase energy efficiency,
and to promote the health and productivity of residents, workers,
and visitors to the Township.
(2)
Green building design, practices, construction, operations and management
conducted by the Township in the construction of new Township buildings,
deconstruction of existing Township buildings, major renovations of
existing Township buildings and the operations and maintenance of
both new Township buildings during and after the completion of construction
and the segment(s) or portion(s) of existing Township buildings which
undergo major renovations can result in significant cost savings to
the Township over the lives of such buildings.
(3)
In recent years, green building design, practices, construction,
operational and maintenance techniques have become increasingly widespread.
Many homeowners, businesses, and building professionals have voluntarily
sought to incorporate green building techniques into their projects.
(4)
Nationally, the United States Green Building Council, developer of
the Leadership in Energy and Environmental Design Green Building Rating
System (LEED® Rating System), has become a leader in promoting
and developing green building practices.
(5)
The LEED® Rating System has been used to design buildings in
the Commonwealth of Pennsylvania.
(6)
To demonstrate the Township's commitment to sustainable development,
the Township shall comply with the standards established by the LEED®
Rating System, as set forth herein, for the construction of all new
Township buildings, deconstruction of existing Township buildings,
major renovations of existing Township buildings and the operations
and maintenance of both new Township buildings during and after the
completion of construction and the segment(s) or portion(s) of existing
Township buildings which undergo major renovations.
(7)
The Township finds that to attain the environmental and financial
benefits of green building practices, it is necessary and appropriate
to require all construction of new Township buildings, deconstruction
of existing Township buildings, major renovations to existing Township
buildings and the operations and maintenance of both new Township
buildings during and after the completion of construction and the
segment(s) or portion(s) of existing Township buildings which undergo
major renovations to incorporate the standards established by the
LEED® Rating System.
(8)
As a real property owner in the Township, the Township desires to
restrict future construction, renovation, operations and maintenance
of certain Township-owned real property to such techniques and methods
as will advance the Township's sustainable construction and sustainable
development goals.
B.
Purpose. The purpose of this chapter is to establish goals, programs
and procedures that will make the Township a more sustainable community
by developing and advancing green building practices within the community.
Specifically, the program established hereunder aims to set forth
new environmental building and operational goals for construction
of new Township buildings, deconstruction of existing Township buildings,
major renovations of existing Township buildings and operations and
maintenance of both new Township buildings during and after the completion
of construction and the segment(s) or portion(s) of existing Township
buildings which undergo major renovations; promotes economic and environmental
health and welfare within the Township through the design, construction,
renovation, operation, maintenance and deconstruction of buildings,
structures and facilities owned by the Township; provides leadership
to both the private and public sectors in the arena of green building
practices, including resource efficiency, water conservation, rainwater
capture, energy usage and generation, recycling and landscaping design.
As used in this chapter, the following terms shall have the
meanings indicated:
The Township of Lower Makefield Board of Supervisors.
A structure or facility used or intended to be used for supporting
or sheltering any occupancy of people, animals or property.
The final designation awarded to a completed project which
is eligible to be included in the program and which satisfies all
applicable requirements of the program.
The process associated with the design, development, construction
and erection of any building.
A contract for construction of a new Township building or
major renovation of an existing Township building between the Township
and a contractor.
A person who enters into a contract with the Township.
The LEED® standard in place at the time a project, eligible
to be included in the program, is formally authorized by the Board.
The process associated with the demolition, destruction or
razing of an existing Township building.
A building owned by the Township for which construction is
completed prior to or following enactment of this chapter.
All or a portion of buildings, structures, site improvements,
elements and pedestrian or vehicular routes located on sites where
the buildings or structures are located.
A contractor who has received and currently holds a Green
Advantage® environmental certification for building-related practitioners,
which certification demonstrates knowledge of current green building
principles, materials, and techniques.
The resulting outcome of a design, construction or repair
which focuses on increasing the efficiency of the use of resources,
such as energy, water, and construction materials, while reducing
building impacts on human health and the environment during the building's
lifecycle, through better siting, design, construction, operation,
maintenance, and removal.
The person who shall be responsible for administration and
enforcement of the terms and conditions of this chapter on any project.
The Director of Zoning, Planning and Inspections is designated as
the Green Building Administrator, unless other individuals and/or
entities are designated by the Board of Supervisors for said purpose
and all related tasks.
[Amended 4-10-2018 by Ord. No. 408]
Leadership in Energy and Environmental Design, which is developed
by USGBC and is a rating system that measures how well a building
or community performs across the following metrics: energy savings,
water efficiency, carbon dioxide emissions reduction, improved indoor
environmental quality, and stewardship of resources and sensitivity
to their impacts, its successor rating system or such other governing
standard then in effect.
A LEED® accredited professional who shall advise each
project team in connection with LEED® issues, standards, and practices.
Any renovation, rebuilding, remodeling, repair, renewal or
any combination of the foregoing covering a gross floor area equal
to or greater than 2,500 square feet of the interior space of an existing
Township building.
Any building owned by the Township and having a gross area
equal to or greater than 2,500 square feet for which construction
is authorized by the Township after the effective date of this chapter
and for which such construction has not been completed.
Building operations, maintenance, processes, systems upgrades,
minor space-use changes, minor facility alterations or additions,
or any combination of the foregoing.
The "Lower Makefield Township Green Building Ordinance,"
dated November 4, 2009, as amended from time to time.
The green building program established by this chapter.
Any construction, deconstruction, major renovation or operations
and maintenance project eligible for the program.
Any man-made object composed of a combination of materials
that is built or constructed with a permanent location or attached
to something that has a permanent location, on or in land or water,
whether or not affixed to land.
The process of environmentally sensitive, resource-efficient
site selection, preparation, design, construction, operation and maintenance
of buildings.
The use of resources that promote environmental responsibility,
economic vitality and the health and welfare of the residents of the
Township while preserving and enhancing these resources and benefits
for future generations.
The Township of Lower Makefield, County of Bucks, Pennsylvania.
The United States Green Building Council, or its successor
organization or entity.
[Amended 9-6-2017 by Ord.
No. 405; 4-10-2018 by Ord. No. 408]
A.
A certain document, three copies of which are on file with the Secretary
of the Township of Lower Makefield, Bucks County, Pennsylvania, being
marked and designated as the current LEED Building Design and Construction
standard used for certification by USGBC for that building type as
published by the USGBC, and as such shall be amended, supplemented,
modified or updated from time to time, be and is hereby adopted as
the green construction and major renovations regulations of the Township
of Lower Makefield, Bucks County, Pennsylvania, for the regulation
and control of the construction of new Township buildings and major
renovations to existing Township buildings, each as herein provided;
and each and all of the requirements, provisions, conditions and terms
of said the current LEED Building Design and Construction standard
used for certification by USGBC for that building type are hereby
referred to, adopted and made a part hereof as if fully set forth
in this chapter, with the additions, insertions, deletions and changes,
if any, as prescribed and set forth in this chapter.
B.
A certain document, three copies of which are on file with the Secretary
of the Township of Lower Makefield, Bucks County, Pennsylvania, being
marked and designated as the current LEED Building Design and Construction
standard used for certification by USGBC for that building type as
published by the USGBC, and as such shall be amended, supplemented,
modified or updated from time to time, be and is hereby adopted as
the green building and construction regulations of the Township of
Lower Makefield, Bucks County, Pennsylvania, for the regulation and
control of operations and maintenance of new Township buildings during
and after the completion of construction and such segment(s) or portion(s)
of existing Township buildings which undergo major renovations as
herein provided; and each and all of the requirements, provisions,
conditions and terms of said the current LEED Building Design and
Construction standard used for certification by USGBC for that building
type hereby referred to, adopted and made a part hereof as if fully
set forth in this chapter, with the additions, insertions, deletions
and changes, if any, as prescribed and set forth in this chapter.
A.
The Township may, but shall not be required to, apply for and obtain
official certification under the then-current standard.
B.
In the event that the Township determines it is not necessary, appropriate
or prudent to apply for certification, the Township, by and through
its Green Building Administrator, shall verify that the documentation
required to achieve, at a minimum, the LEED® Gold or its equivalent
rating, has been properly completed and processed.
[Amended 9-6-2017 by Ord.
No. 405; 4-10-2018 by Ord. No. 408]
A.
B.
To the extent that is reasonable and practicable, the practices and procedures set forth in the green construction and major renovations regulations and the green operations and maintenance regulations, each as described in § 88-4 of this chapter, will apply to the following, as applicable and appropriate:
(1)
Any building owned by the Township and newly constructed after the
effective date of this chapter which has a gross area of less than
2,500 square feet; and
(2)
Any renovation, rebuilding, reconstruction, repair, renewal or combination
of the foregoing of any building owned by the Township in which such
renovation, rebuilding, reconstruction, repair, renewal or combination
of the foregoing shall cover a gross floor area of less than 2,500
square feet; and
A.
Projects.
(1)
All projects subject to § 88-6A of this chapter shall be undertaken and conducted in such manner as to satisfy all requirements then sufficient under the then-current standards for the project to achieve, attain and maintain, at a minimum, a LEED® Gold or its equivalent rating.
[Amended 9-6-2017 by Ord.
No. 405; 4-10-2018 by Ord. No. 408]
(2)
The Township shall ensure that each project team that designs, develops,
implements, constructs, deconstructs, manages or otherwise participates
in a project shall include, among others, a LEED® AP. The Township
may, but is not required to, ensure that each project team includes,
among others, a Green Advantage® certified contractor.
B.
Administration and enforcement of this chapter shall be undertaken
in any of the following ways, as determined by the Board from time
to time:
(1)
By designation of an employee of the Township, prior to commencement
of any project, to serve as the green building administrator and to
act on behalf of the Township with such responsibilities and powers
as are provided by this chapter and granted by the Township; provided
that, at the discretion of the Township, such designated employee
may be a then-current employee of the Township or a new employee of
the Township hired for the purpose of acting as the green building
administrator; or
(2)
By designation or retention of one or more LEED® APs by the Township,
prior to commencement of any project, to serve as the green building
administrator to act on behalf of the Township with such responsibilities
and powers as are provided by this chapter and granted by the Township
for a particular project; provided that no LEED® AP is required
to be an employee of the Township; or
(3)
In the event that the Township fails to designate an employee or
LEED® AP as the green building administrator, the Township shall
serve as the green building administrator and shall directly administer
and enforce this chapter through its Board of Supervisors.
C.
In connection with any project, any person who shall serve as the
green building administrator shall be responsible for the following:
(1)
That all requests for bids, requests for proposals and contracts
for construction of a new Township building, deconstruction, or major
renovations shall require all contractors, subcontractors and suppliers
to adhere to the terms and conditions of this chapter.
(2)
Ensuring that the then-current standards to achieve a minimum LEED®
Gold or its equivalent rating will be properly followed and documented.
[Amended 9-6-2017 by Ord.
No. 405; 4-10-2018 by Ord. No. 408]
(3)
If certification is pursued, to ensure the timely collection, preparation
and submission of all documentation necessary and prudent in order
to receive, at a minimum, the LEED® Gold or its equivalent rating
certification.
[Amended 9-6-2017 by Ord.
No. 405; 4-10-2018 by Ord. No. 408]
(4)
Resolving disputes that may arise from implementing the program.
(5)
Such other responsibilities, duties and obligations which are granted
or assigned to such green building administrator by the Township and
are substantially related to the fulfillment of the terms and conditions
of this chapter.
D.
Any person, organization, agency, and/or legal entity who knowingly
causes the Township to fail to meet the required standards of this
chapter shall be subject to, in addition to any other penalties that
may otherwise prescribed by or available in law and/or in equity,
immediate termination for cause of any contract for work or employment
that otherwise references or is governed by, the terms of this chapter.
[Added 4-10-2018 by Ord.
No. 408]
Except as otherwise set forth in this chapter and as applicable
solely to buildings owned by the Township, this chapter shall not
eliminate, alter, modify, change or affect in any way the obligations
of the Township or any contractor under any laws, regulations, ordinances
or other requirements, each as amended, or their respective successors,
applicable to construction or buildings within the Township, including,
but not limited to, 53 P.S. § 65101 et seq. (Pennsylvania
Second Class Township Code); 62 Pa.C.S.A. § 3901 et seq.
(Contracts for Public Works); 35 P.S. § 7210.101 et seq.
(Pennsylvania Construction Code Act); 34 Pa. Code Part XIV (Uniform
Construction Code); and the Township Code, or their respective successor
statutes, regulations or ordinances.
All other provisions of the Township Code shall remain unchanged
and in full force and effect.
Whenever the requirements of this chapter are in conflict with
other requirements in the laws and regulations of the United States,
Commonwealth, the County of Bucks or the Township Code, the most restrictive,
or those imposing the highest standards, shall govern.
A.
The provisions of this chapter are severable. If any section, clause,
sentence, part or provision thereof shall be held illegal, invalid,
or unconstitutional by a court of competent jurisdiction, such decision
of the court shall not affect or impair any of the remaining sections,
clauses, sentences, parts or provisions of this chapter. It is hereby
declared to be the intent of the Board that this chapter would have
been adopted if such illegal, invalid, or unconstitutional section,
clause, sentence or part of a provision had not been included herein.
B.
This chapter shall become effective five days after enactment of
this chapter, but the Township shall take such anticipatory administrative
action in advance as shall be necessary for the implementation of
this chapter.
C.
The requirements of this chapter shall apply only to projects undertaken
and commenced pursuant to contracts duly authorized, approved and
executed after the effective date of this chapter.
