[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 11-24-2008 by Ord. No. DR-380. Amendments noted where applicable.]
The City Council of the City of Hoboken finds that:
A.Â
The design, construction, and maintenance of buildings and structures
within the City can have a significant impact on the City's environmental
sustainability, resource usage and efficiency, waste management, and
the health and productivity of residents, workers and visitors.
B.Â
"Green" building design, construction, and operation can have a significant
positive effect on energy and resource efficiency, waste and pollution
generation, and the health and productivity of a building's occupants
for the life of the building.
C.Â
Green building design and construction decisions made by the City
in the construction and remodeling of public buildings result in environmental
benefits and cost savings to the City over the life of the buildings.
By calling on the City to include green building measures in its own
facilities, the City Council provides taxpayers a benefit through
environmentally friendly, cheaper-to-operate buildings while simultaneously
helping to develop markets for recycled, recyclable and environmentally
sound materials.
D.Â
Green building benefits are spread throughout the system and features
of the building. Building "green" can include, among other things,
the use of certified sustainable wood products; aggressive use of
high-recycled-content products; recycling of waste that occurs during
deconstruction, demolition, and construction; enhancement of indoor
air quality by selection and use of construction materials that do
not have chemical emissions that are toxic or irritating to building
occupants; modification of heating, ventilation, and air conditioning
systems to provide energy efficiency and improved indoor air; use
of water conserving methods and equipment; and installation of alternative
energy methods for supplemental energy production.
E.Â
In recent years, green building design, construction and operational
techniques have become increasingly widespread. Many homeowners, businesses
and building professionals have voluntarily sought to incorporate
green building techniques into their projects. A number of local and
national systems have been developed to serve as guides to green building
practices. The U.S. Green Building Council, developer of the Leadership
in Energy and Environmental Design LEED Commercial Green Building
Rating System and LEED Reference Guide, has become a leader in promoting
and guiding green building.
F.Â
Requiring certain City projects to incorporate LEED green building
measures is necessary and appropriate to achieve the benefits of green
building.
G.Â
It is critical to both the economic and environmental health of the
City that the City provides leadership to both the private and public
sectors in the arena of energy efficiency and "green" construction.
The most immediate and meaningful way to do this is to include energy
efficiency and green building elements in as many public buildings
as feasible.
H.Â
It is in the public interest to address the appropriateness of mandating
green building requirements for private projects separately from,
and subsequent to, applying such requirements to City projects. Accordingly,
unless and until the City Council determines otherwise, the provisions
of this chapter shall not apply to private sector development.
As used in this chapter, the following terms shall have the
meanings indicated:
Any structure used or intended for supporting or sheltering
any use or occupancy as defined in the New Jersey Municipal Land Use
Law (NJMLUL).
New construction or renovation primarily funded by the City,
conducted on City-owned property, or managed by City personnel from
design through construction, and any buildings constructed for the
City's use under a build-to-suit program. "City project" shall
not include traditional public works projects (defined below), and
joint ventures between the City and a private developer.
The City's Community Development Director or his/her
designee who is responsible for enforcing this chapter for any given
City project.
The building of any building or structure or any portion
thereof.
A whole system approach to the design, construction and operation
of buildings and structures that help mitigate the environmental,
economic, and social impacts of construction, demolition, and renovation.
Green building practices such as those described in the LEED rating
system, 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 environment.
Officially identified and fully funded to offset all the
costs associated with the project as found in the capital improvement
program or City budget.
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.
A structural change to the foundation, roof, floor or exterior
of load-bearing walls of a facility, or the extension of an existing
facility to increase its floor area; or
Alteration of an existing facility, such as to significantly
change its function, even if such renovation does not include any
structural change to the facility.
That which is built or constructed, an edifice or building
of any piece of work artificially built or composed of parts joined
together in some definite manner and permanently attached to the ground,
as defined in the NJMLUL.
Heavy construction projects, such as pump stations, flood
control improvements, roads, bridges, traffic lights, sidewalks, bike
paths and associated infrastructure on City-owned and/or maintained
property.
This chapter shall apply to all City projects as defined above.
All City projects initiated on or after the effective date of
the ordinance codified in this chapter, except traditional public
works projects, shall meet minimum LEED "Silver" rating under the
LEED rating system. The green building compliance official shall be
responsible for verifying the appropriate green building rating.
The Green Building Compliance Official shall promulgate any
rules and regulations necessary or appropriate to achieve compliance
with the green building practices stated in this chapter. The rules
and regulations promulgated by the Green Building Compliance Official
under this section shall provide for at least the following:
A.Â
The incorporation of green building practices of this chapter into
the appropriate design and construction contract documents prepared
for the applicable City projects.
B.Â
Standards specifying how contractor bids or responses to requests
for proposals must indicate plans for meeting all applicable LEED
standards required under this chapter. All projects following the
LEED rating system shall be required to have a LEED accredited professional
on the project team.
C.Â
The Green Building Compliance Official shall administer and monitor
compliance with the green building practices set forth in this chapter
and with any rules or regulations promulgated hereunder, and to make
recommendations to the City Council concerning the granting of waivers
or exemptions from the requirements of this chapter. At a minimum
the compliance official shall require: (1) a green building project
checklist be submitted; (2) that all building plans indicate in the
general notes or individual detail drawings, where feasible, the green
building measures to be used to attain the applicable LEED rating.
Compliance with the provisions of this chapter may be waived
in unusual circumstances where the City Council has, by resolution,
found and determined that the public interest would not be served
by complying with such provisions. Historic structures are exempt
from the requirements of this chapter. City projects in historic structures
will incorporate as many of the green building measures as feasible
from the LEED commercial rating system without compromising the historical
integrity of the structure.
