A.

When a commitment to meet the green building standard is required in the applicable zone, the owner shall make a commitment that the proposed development will meet the green building standard, or a substantially equivalent or superior standard, and shall demonstrate compliance with that commitment in accordance with the provisions of Section 23.58D.004.

B.

If a site contains existing structures developed according to a version of the Land Use Code in effect before April 19, 2011, the existing structures and any additions to those structures are not required to be upgraded to the current green building standard. Any entirely new structure proposed to be built on the lot shall meet the current green building standard. If a site contains existing structures developed according to a version of the Land Use Code in effect on or after April 19, 2011, the existing structures and any additions to those structures shall be updated to the current green building standard.

C.

The Director shall adopt and amend rules establishing the green building standard and enabling an owner to demonstrate compliance with a commitment to meet the standard using a substantially equivalent or superior standard.

(Ord. 125791, § 98, 2019; Ord. 125163, § 16, 2016)

A.

The Director may adopt and amend rules establishing procedures for documenting an owner's commitment that a proposed development will meet the green building standard and determining whether the development complies with that commitment. No rule may assign authority for making a final determination to any person other than an officer of the Department or another City agency with regulatory authority and expertise in green building practices.

B.

No later than 180 days after issuance of a final Certificate of Occupancy for a development (or after the final inspection if a Certificate of Occupancy is not required), or by such later date as may be allowed by the Director for good cause, the owner shall demonstrate to the Director the extent to which the development complies with the commitment to meet the green building standard. Compliance shall be demonstrated through a report from an independent third party.

C.

If the Director determines that the report provides satisfactory evidence that the development complies with the owner's commitment, the Director shall send the owner a written statement that the development complies with the commitment. If the Director determines that the report does not provide satisfactory evidence that the development complies with the owner's commitment, the Director shall send the owner a written statement that the development does not comply with the commitment.

D.

No later than 180 days after the Director sends notice that the report does not provide satisfactory evidence that the development complies with the owner's commitment, or by such later date as may be allowed by the Director for good cause, the owner shall demonstrate, through a supplemental report from an independent third party, that the development complies with the owner's commitment. If the Director determines that the supplemental report demonstrates compliance, the Director shall send the owner a written statement that the development complies with the owner's commitment. If the owner does not timely submit a supplemental report, or if the Director determines that the supplemental report does not demonstrate compliance, the Director shall send the owner a written statement that the development does not comply with the owner's commitment.

(Ord. 125163, § 16, 2016)

A.

Failure to timely submit the report required by subsection 23.58D.004.B is a violation of the Land Use Code. The penalty for such violation shall be $500 per day from the date when the report was due to the date it is submitted. The penalty shall accrue even if the owner is not notified of the violation.

B.

Failure to demonstrate compliance with the owner's commitment to meet the green building standard is a violation of the Land Use Code. The penalty for each violation is subject to a maximum penalty of two percent of the construction value set forth in the building permit for the development based on the extent of noncompliance with the commitment.

C.

Failure to comply with the owner's commitment that the development will meet the green building standard is a violation of the Land Use Code independent of the failure to demonstrate compliance; however, failure to comply with the owner's commitment shall not affect the right to occupy any floor area, and if a penalty is paid in the amount determined under subsection 23.58D.006.B, no additional penalty shall be imposed for the failure to comply with the commitment.

D.

Use of penalties. An account shall be established in the SDCI Construction and Inspections Fund to receive revenue from penalties under this Section 23.58D.006. Revenue from penalties under this Section 23.58D.006 shall be allocated to activities or incentives to encourage and promote the development of sustainable buildings. The Director shall recommend to the Mayor and City Council how these funds should be allocated.

(Ord. 126685, § 48, 2022; Ord. 126157, § 47, 2020; Ord. 125791, § 99, 2019; Ord. 125492, § 39, 2017; Ord. 125163, § 16, 2016)