1 CITY COUNCIL OF THE CITY OF ANNAPOLIS
2
3 ORDINANCE NO. O-56-07Amended
4
5 Introduced by Mayor Moyer
6
LEGISLATIVE HISTORY
First Reader: Public Hearing: Fiscal Impact Note: 120 Day Rule:
12/10/07 1/28/08 2/20/08 4/9/07
Referred to: Meeting Date: Action Taken:
Economic Matters 2/15/08 Favorable w/amendments
Environmental
Matters
2/26/08 Favorable w/amendment that is
incorporated into Economic Matters
7
8 AN ORDINANCE concerning
9
10 Green Buildings
11
12 FOR the purpose of requiring that certain new construction and major modifications to
13 various buildings and single family homes shall meet certain standards as
14 established by a rating organization such as the Green Building Council; defining
15 various terms; and all matters related to “green buildings”.
16 * * * * * * * * * * * * * * * *
17
18 BY adding new the following chapter to the Code of the City of Annapolis, 2007
19 Edition:
20 Chapter 17.14
21
22 SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY
23 COUNCIL that the Code of the City of Annapolis shall read as follows:
24
25 CHAPTER 17.14 GREEN BUILDINGS: ENERGY EFFICIENCY AND ENVIRONMENTAL
26 DESIGN
27
28 17.14.010 Policy.
29
30 This chapter is intended to provide an integrated approach to the planning, design,
31 construction and operation of certain buildings and their surrounding landscape so as to
32 mitigate energy use and environmental impacts, and to promote sustainable development.
33
34 17.14.020 Applicability.
35
O-56-07Amended
Page 2
1 A. This article shall apply to applications for building and trades permits in the following
2 categories:
3
4 1. All applications for new construction of or major modifications to residential, non5
residential and commercial buildings of greater than 10,000 square feet of gross floor area;
6
7 2. All applications for new construction of or major modifications to public buildings
8 regardless of size;
9
10 3. All applications for new construction of or major modifications to single family dwellings,
11 regardless of size.
12
13 17.14.030 Definitions.
14
15 Department - The Department of Neighborhood and Environmental Programs
16
17 Director - The Director of the Department of Neighborhood and Environmental Programs
18
19 Green Building Council - The U.S. Green Building Council, an organization that has
20 developed and published the LEED rating system to measure the energy and
21 environmental performance of a building.
22
23 LEED - The series of Leadership in Energy and Environmental Design (LEED) rating
24 systems developed by the Green Building Council.
25
26 LEED accredited professional - Any person who has passed the LEED Professional
27 Accreditation Exam administered by the Green Building Council.
28
29 LEED certified-level - The lowest of the LEED rating systems.
30
31 LEED rating system - The particular LEED rating system that applies to a building.
32
33 LEED scorecard - The checklist developed by the Green Building Council for the purpose of
34 calculating a score on the LEED rating system.
35
36 LEED silver level rating - The second lowest of the LEED rating systems
37
38 Major modification – Any A structural modification to an existing building that alters greater
39 than fifty per cent of the gross floor area resulting in or results in an increase of greater
40 than twenty fifty per cent of the gross floor area or where the number of parking spaces is
41 increased by more than twenty per cent.
42
O-56-07Amended
Page 3
1 New construction - A new stand-alone building or any major modification to an existing
2 building. New construction does not include any change to an existing portion of a building.
3
4 Non-residential building - A building not used as a dwelling. A non-residential building does
5 not include: a) accessory building or structure; b) parking garage that is not heated or
6 cooled; c) any other building characterized as a miscellaneous building in the ICC
7 International Building Code.
8
9 Public building - Any building or facility owned, leased or funded at a level of at least thirty
10 percent by municipal government including, but not limited to, water and wastewater
11 treatment plants, water and wastewater pumping stations, garage or depot. State and
12 federal buildings are excluded from this category as they are not subject to local
13 government regulations.
14
15 17.14.040 Standards and Requirements.
16
17 A. Any new construction of or major modification to a residential, non-residential or
18 commercial or mixed use building of greater than 7,500 square feet of gross floor area must
19 achieve:
20
21 1. A certified-level rating in the appropriate LEED rating system, as certified by the Green
22 Building Council; or
23
24 2. A certified-level rating in the appropriate LEED rating system as verified by the Director
25 or a qualified person approved by the Director; or
26
27 3. Energy and environmental design standards that the Director identifies as equivalent to
28 certified-level rating in the appropriate LEED rating system, as verified by the Director or a
29 qualified person approved by the Director.
30
31 B. Any new construction of or major modification to a public building, regardless of size,
32 must achieve, at a minimum:
33
34 1. A silver level rating in the appropriate LEED rating system, as certified by the Green
35 Building Council; or
36
37 2. A silver level rating in the appropriate LEED rating system as verified by the Director or
38 a qualified person approved by the Director; or
39
40 3. Energy and environmental design standards that the Director identifies as equivalent to
41 a silver level rating in the appropriate LEED rating system, as verified by the Director or a
42 qualified person approved by the Director.
43
O-56-07Amended
Page 4
1 C. Any new construction of or major modification to a five or more single family home,
2 regardless of size, or attached homes on one lot or as a subdivision, and any single family
3 home in excess of 3,250 square feet in size, must achieve:
4
5 1. A certified-level rating in the appropriate LEED rating system as certified by the Green
6 Building Council; or
7
8 2. A certified-level rating in the appropriate LEED rating system as verified by the Director
9 or a qualified person approved by the Director; or
10
11 3. Energy and environmental design standards that the Director identifies as equivalent to
12 a certified-level rating in the appropriate LEED rating system, as verified by the Director or
13 a qualified person approved by the Director.
14
15 17.14.050 Site Plans.
16
17 A. Applications
18
19 1. Those applications defined in Section 17.14.020 that require Site Design Review shall
20 provide application information as required by City Code Chapter 21.22, Site Plan Design
21 Review. In addition, applicants for Site Design Review shall provide:
22
23 a. Design plans, including a LEED scorecard, that shows how the building’s surrounding
24 landscape will comply with the applicable standard under Section 17.14.040; and
25
26 b. LEED scorecard showing the LEED points that a building will obtain; and
27
28 c. Written explanation of how the building and surrounding landscape will obtain the LEED
29 points identified in the LEED scorecard.
30
31 2. Applications for a building permit must submit to the Department:
32
33 a. Design plans for the building and landscape that are likely to achieve the applicable
34 standard under Section 17.14.040 as certified by a LEED accredited professional or
35 otherwise approved by the Green Building Council or verified by the Director or a qualified
36 person designated by the Department; and
37
38 b. A LEED scorecard and any other document or information the Department finds
39 necessary to decide whether the building and landscape will achieve the applicable
40 standard under Section 17.14.040.
41
42 B. Review and Approval
43
O-56-07Amended
Page 5
1 1. The Department shall require compliance with Section 17.14.040 as a condition of any
2 building permit issued for construction as defined in Section 17.14.020;
3
4 2. The Department shall not issue a final certificate of use and occupancy for any
5 construction as defined in Section 17.14.020 unless it finds that the building has achieved
6 the applicable standard under Section 17.14.040. For those buildings seeking any green
7 building certification, the applicant must submit all documentation that a green building was
8 designed and constructed and that an application for any green building certification was
9 submitted to the appropriate green building certifying body as a condition of the issue of a
10 final certificate of use and occupancy.
11
12 17.14.060 Variance. There are no variances to the requirements of this chapter, except as
13 defined in Chapter 21.22.120, Site Design Plan Review.
14
15 17.14.070 Appeal. Appeals of a decision by the Director pertaining to this chapter shall be
16 made to the Building Board of Appeals.
17
18 SECTION II: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE
19 ANNAPOLIS CITY COUNCIL that this Ordinance shall take effect on the date of adoption
20 January 1, 2009, for all projects not already in the site design review process, and
21 July 1, 2009 for residential structures.
22
23 ADOPTED this 10th day of March 2008.
24
25 ATTEST: THE ANNAPOLIS CITY COUNCIL
26
27
28 BY: _____________________
29 Regina C. Watkins-Eldridge, CMC ELLEN O. MOYER, MAYOR
30 City Clerk
31
32
33
EXPLANATION:
Highlighting indicates matter added to existing law.
Strikeout indicates matter deleted from existing law.
Underlining indicates amendments.