[Adopted 5-25-2010 by L.L. No. 2-2010]
A.
The purpose of this article is to enhance public health and welfare
by establishing sustainable building regulations. Sustainable building
practices involve an integrated systems approach to the design, construction,
location and operation of buildings and structures. Sustainable building
practices can substantially reduce or eliminate negative environmental
impacts and improve existing unsustainable design, construction and
operational practices. Sustainable building practices recognize the
relationships between the natural and built environments and seek
to minimize the use of energy, water and other natural resources and
promote healthy, productive indoor environments. Sustainable building
practices have environmental, economic and social elements that benefit
owners, occupants and the general public.
B.
The Village Board of Trustees seeks to protect and promote the public
health, safety and welfare of its residents by mandating that any
new and substantially reconstructed one- and two-family dwelling or
multifamily dwelling (including townhouses) be built to comply with
the Long Island Power Authority New York Energy Star®-Labeled
Homes Program guidelines. This ensures that these dwellings will use
considerably less energy than if built to prevailing building standards.
Likewise, new commercial and municipal buildings of any size must
meet "designed to Energy Star®" requirements.
As used in this article, the following words and terms shall
have the following meanings:
Usually panels or coils of plastic or metal through which
water passes to increase the temperature by using the sun's radiant
energy.
Any one- or two-family dwelling or multifamily dwelling (including
townhouses) not more than three stories in height, with a separate
means of egress for each dwelling, a minimum of one heating facility
for each four dwelling units, and a separate primary electric meter
for each dwelling unit.
Construction that includes the removal and replacement of
the ceiling, interior finishes of a dwelling which expose the exterior
framing, and more than 50% of any windows, exterior doors, or HVAC
building system.
A.
Requirements. Effective July 1, 2010, any new or substantially reconstructed
subject dwelling shall be built to comply with the Long Island Power
Authority (LIPA) New York Energy Star®-Labeled Home Program in
accordance with the requirements contained herein:
(1)
Dwellings up to 3,500 square feet. Dwellings with up to 3,500 square
feet of conditioned space shall achieve a minimum home energy rating
of 84 on the current expanded home energy rating system (HERS) scoring
system adopted by the State of New York (which corresponds to an index
of 80 or less as defined in the 2006 Mortgage Industry National Home
Energy Rating Systems Standards, promulgated by the Residential Energy
Services Network [RESNET]); or shall meet the requirements of the
Builder Option Package as established by LIPA or equivalent methodologies
as determined by LIPA or its designee.
(2)
Dwellings between 3,501 and 4,500 square feet. Dwellings with between
3,501 and 4,500 square feet of conditioned space shall achieve a minimum
home energy rating of 87 on the current expanded home energy rating
system (HERS) scoring system adopted by the State of New York (which
corresponds to an index of 65 or less as defined in the 2006 Mortgage
Industry National Home Energy Rating Systems Standards, promulgated
by the Residential Energy Services Network [RESNET]) or equivalent
methodologies as determined by LIPA or its designee.
(3)
Dwellings between 4,501 and 6,500 square feet. Dwellings with between
4,501 and 6,500 square feet of conditioned space shall achieve a minimum
home energy rating of 90 on the current expanded home energy rating
system (HERS) scoring system adopted by the State of New York (which
corresponds to an index of 50 or less as defined in the 2006 Mortgage
Industry National Home Energy Rating Systems Standards, promulgated
by the Residential Energy Services Network [RESNET]) or equivalent
methodologies as determined by LIPA or its designee.
(4)
Dwellings over 6,500 square feet. Dwellings with over 6,500 square
feet of conditioned space shall achieve a minimum home energy rating
of 93 on the current expanded home energy rating system (HERS) scoring
system adopted by the State of New York (which corresponds to an index
of 35 or less as defined in the "2006 Mortgage Industry National Home
Energy Rating Systems Standards," promulgated by the Residential Energy
Services Network [RESNET]) or equivalent methodologies as determined
by LIPA or its designee.
B.
Building permits. Effective July 1, 2010, prior to the issuance of
a building permit for any new or substantially reconstructed subject
dwelling, the applicant shall submit a certificate from a certified
home energy rating system (HERS) rater that the house design has received
the necessary tentative home energy rating score, as outlined above,
based on a review of the plans and specifications.
C.
Certificates of occupancy. Prior to the issuance of a certificate
of occupancy for any building permit issued under the above permitting
regulations for any new or substantially reconstructed subject dwelling
approved as an Energy Star®-labeled home, the applicant shall
certify that the dwelling satisfies the program requirements by obtaining
a home energy rating certificate that demonstrates compliance with
the criteria outlined above, including all performance and field testing
verifications.
D.
Waiver for historic structures. The owner of a structure may apply
for a waiver from the requirements of this section on the basis that
the structure is of historic significance. The owner seeking a waiver
shall make application to the Board of Architectural Review and Historic
Preservation for such waiver. The Board of Architectural Review and
Historic Preservation shall grant the application for the waiver if
the applicant shall demonstrate that meeting the requirements of this
section would have an adverse impact on the historical nature of the
structure, and there are no practicable alternatives that would allow
the applicant to comply with the requirements of this section and
maintain the historical significance of the structure.
E.
Request for rating downgrade. The owner of a structure or proposed
structure may apply for a downgraded home energy rating requirement
by written application to the Building Inspector on the basis that
there exists practicable difficulties specific to the site, construction
or design elements encountered in the course of design or construction.
Upon receipt of the written request, the Building Inspector shall
determine whether there is a showing of need for relief from strict
compliance to the standards enumerated above. In determining the conduciveness
of a property and practicable difficulties, the Building Inspector
shall consider the following factors: the location and condition of
any existing structure or structures, the size of the lot, the topography
of the lot, the existence and extent of clearing restrictions on the
property, the proximity of trees and shade on the lot, lot coverage
restrictions on the property and such other and further factors or
conditions that exist at the property that may impact strict compliance
with the standards enumerated above. If the Building Inspector determines
that a waiver is appropriate, the property owner shall provide a documented
practicable plan in writing to the Building Inspector for alternative
methods of energy conservation conducive for the location or make
a documented showing in writing to the Building Inspector that there
are no practicable energy conservation systems conducive to the location.
Upon receipt of the property owner's plan, the Building inspector
shall grant a waiver, in writing, from the requirements of this section,
conditioned upon the implementation of the alternative methods proposed
by the owner or such other practicable conditions as required by the
Building Inspector.
F.
Appeal of Building Inspector's determination. Any applicant aggrieved by a decision made by the Building Inspector under § 43-12 may appeal such decision, denial, condition, or waiver of the Building Inspector by filing a written petition, along with a fee in an amount as set by resolution of the Village Board of Trustees, in the office of the Village Clerk for review to the Energy Appeals Board (hereinafter referred to as "EAB"). The EAB shall be comprised of the Village Engineer and two members of the Southampton Village Board of Trustees. The EAB shall meet to review the petition in a public meeting at its earliest convenience. The EAB may conduct field visits and obtain additional information deemed necessary in rendering its decision. The EAB shall have the authority to hire independent consultants at its sole discretion to help it render a decision by undertaking actions including but not limited to review of plans, conduction of site testing, and modeling of proposed plans. The EAB may require an applicant to pay the costs incurred by the EAB for all independent consulting services it may reasonably seek to engage, including but not limited to engineering, planning, legal and clerical costs incurred in processing and review of an application. Upon completion of the review of the appeal or the close of the public hearing, the EAB shall issue a decision in writing and state the reasons and attendant conditions of its decision. A decision shall be issued within 45 days of the end of the hearing or completion of review.
A.
Effective July 1, 2010, new commercial buildings of any size and
with conditioned space and new municipal buildings shall meet the
"designed to Energy Star®" requirements. (Note: See http://www.energystar.gov/index.cfm?c=new
bldg design.new bldg design benefits for details.)
B.
As part of a building permit application for such new building, the
architect shall certify that the design meets the "designed to Energy
Star®" requirements. The supporting calculations for this certification
shall be included as part of the building permit application.
A.
Residential and commercial projects are encouraged to utilize the
U.S. Green Building Council's Leadership in Energy and Environmental
Design (LEED) rating system in effect at the time of application for
a building permit and to achieve LEED certification. As an alternative
to the LEED system, residential projects are encouraged to utilize
the International Code Council's National Green Building Standard
(ICC 700) rating system in effect at the time of application for a
building permit and to achieve ICC 700 certification.
B.
The Village Board of Trustees recognizes that the goal of achieving
LEED or ICC 700 certification involves an increase in the cost of
construction. As an incentive for owners to incur the increased cost
of construction involved in achieving LEED or ICC 700 certification,
this section provides for refund of a portion of the building permit
fee (the building permit fee being based on the cost of construction)
in a case where the project achieves LEED or ICC 700 certification.
The Village Board of Trustees finds that the public benefit resulting
from LEED or ICC 700 certification warrants such incentive.
C.
In the case of a building permit issued on or after July 1, 2010
for any new or substantially reconstructed subject dwelling which
is designed to achieve LEED or ICC 700 certification under the LEED
or ICC 700 system in effect at the time of application for a building
permit, upon submission of proof to the Building Inspector that the
completed project has achieved LEED or ICC 700 certification and issuance
of a certificate of occupancy for the completed project, the owner
shall be eligible for refund of an amount equivalent to 0.25% of the
cost of construction.
(1)
Application for such refund shall be made on such form as may be
required by the Village.
(2)
The cost of construction to be utilized in calculating the amount
of such refund shall be the cost of construction utilized by the Building
Inspector in calculating the amount of the building permit tee.
D.
In the case of a building permit issued on or after July 1, 2010
for any new commercial building which is designed to achieve LEED
certification under the LEED system in effect at the time of application
for a building permit, upon submission of proof to the Building Inspector
that the completed project has achieved LEED certification and issuance
of a certificate of occupancy for the completed project, the owner
shall be eligible for refund of an amount equivalent to 0.25% of the
cost of construction.
(1)
Application for such refund shall be made on such form as may be
required by the Village.
(2)
The cost of construction to be utilized in calculating the amount
of such refund shall be the cost of construction utilized by the Building
Inspector in calculating the amount of the building permit fee.
A.
Adherence to state Property Maintenance Code. All swimming pools
must be constructed and maintained in accordance with the appropriate
and relevant sections of the New York State Property Maintenance Code.
B.
AUXILIARY LOAD
MULTISPEED PUMP
POOL COVER
SINGLE-SPEED PUMP
SWEEP ELBOW
TWO-SPEED PUMP
VARIABLE-SPEED PUMP
Definitions. For the purposes of this section, the following definitions
shall apply:
An additional feature on a pool, typically a water feature
or automatic cleaning system, which is powered by a separate pump
and does not run for the same duration as the main filtration pump.
A pump, whether two-speed or variable, designed for operating
at two or more speeds.
A solar blanket, also known as a "bubble cover," an automatic
cover that utilizes vinyl or similar material, or a winter cover that
is sized to at least cover the entire surface area of a pool.
A pump designed to operate at one speed.
A pipe fitting to connect sections of pipe to turn the pipe's
direction that forms a curve that arcs 90 degrees without being a
single right-angle turn.
A pump designed for operating at two speeds, typically high
and low.
A pump that is programmable to operate on more than two speeds.
Hours of operation at the various speeds are able to be programmed
directly on the pump and/or through an automatic control system.
C.
Swimming pool energy conservation construction standards.
(1)
All pools constructed or reconstructed after July 1, 2010, with more
than 500 square feet of surface area or an auxiliary pool load shall
be constructed with piping of at least two inches in diameter.
(2)
All pools constructed or reconstructed after July 1, 2010, with less
than or equal to 500 square feet of surface area or an auxiliary pool
load shall be constructed with piping of at least 1 1/2 inches
in diameter.
(3)
All pools constructed or reconstructed after July 1, 2010, shall
use sweep elbows. Right-angled elbows are prohibited.
(4)
There must be a length of pipe without bends or turns that is greater
than or equal to at least four pipe diameters installed before the
inflow to the pump.
(5)
For all pumps installed after July 1, 2010, the multiport valves
must be sized to equal the diameter of the pressure side of the pump.
(6)
Directional inlets (hydrostream fittings) shall be a size of 1/2
inch in diameter or greater.
D.
Swimming pool pumps and controls.
(1)
All pumps and controls installed after July 1, 2010, shall have a
time switch or similar control mechanism installed as part of the
pool water circulation control system that automatically operates
the system for the time necessary to maintain proper sanitary conditions
and then automatically turns the system off.
(2)
All single-speed and two-speed pumps and controls installed after
July 1, 2010, shall be set or programmed to run only during off-peak
electric demand periods for regular filtration purposes except where
the pumps are used for circulating water through a heat exchanger
or solar heater.
(3)
All pumps installed after July 1, 2010, shall be of the following
type based on pool size:
(a)
For pools with a surface area of less than 500 square feet,
a single-speed or two-speed pump of less than or equal to one horsepower
or variable-speed pump shall be installed. In the event that a pump
is installed on a pool of less than 500 square feet and said pool
has an auxiliary load, the pump installed must be a two-speed or variable
speed pump.
(b)
For pools with a surface area of 500 to 799 square feet a multispeed
pump shall be installed.
(c)
For pools with a surface area greater than or equal to 800 square
feet a variable-speed pump shall be installed.
(d)
A single-speed pump of less than one horsepower shall be allowed
to be installed for the sole purpose of operating auxiliary load(s),
provided that the same pump is installed in addition to the properly
sized pump and the single-speed pump shall not be used for filtration.
E.
Swimming pool filters. All pool filters installed after July 1, 2010,
shall be sized using NSF/ANSI 50 standards based on the maximum flow
rate through the filter.
F.
Swimming pool heaters.
(1)
All pool heaters installed after July 1, 2010, shall meet the minimum
energy efficiency requirements as established by the United States
Department of Energy.
(2)
Continuously burning pilot lights shall be prohibited for all pool
heaters installed after July 1, 2010.
(3)
Effective July 1, 2010, all heated outdoor pools shall have a pool
cover that covers the surface of the pool when not in use.
(4)
The Building Inspector shall waive the building permit fee for the
replacement or installation of a pool heater when the pool heater
being installed is a solar heating system.
G.
Exemptions. The provisions of this section shall not apply to hot
tubs or spas that have separate and distinct filtration and heating
systems not connected or sharing pumps, plumbing, heating systems
or water circulation with a swimming pool.
