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Denver, Colorado, Green and Solar Roof Requirement, Initiated Ordinance 300 (November 2017)

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Initiated Ordinance 300: Denver Green and Solar Roof Requirement
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The basics
Election date:
November 7, 2017
Status:
Approveda Approved
Topic:
Local environment
Related articles
Local environment on the ballot
November 7, 2017 ballot measures in Colorado
Denver County, Colorado ballot measures
Local zoning, land use and development on the ballot
See also
Denver, Colorado

A citizen initiative to require the roofs of large buildings to be green or a combination of solar panels and green, Initiated Ordinance 300, was on the ballot for Denver voters in Denver County, Colorado, on November 7, 2017. It was approved.

A yes vote was a vote in favor of requiring any new roofing for a building with more than 25,000 square feet of area to cover between 20 percent and 60 percent of available roof space with vegetation or a combination of vegetation and solar panels—with larger buildings requiring a larger percentage of green/solar coverage—according to minimum standards contained within the initiative.
A no vote was a vote against requiring any new roofing for a building with more than 25,000 square feet of area to cover between 20 percent and 60 percent of available roof space with vegetation or a combination of vegetation and solar panels—with larger buildings requiring a larger percentage of green/solar coverage—according to minimum standards contained within the initiative.

Election results

Initiated Ordinance 300
ResultVotesPercentage
Approveda Yes 74,870 54.29%
No63,04745.71%
Election results from Denver Election Results

Initiative design

Applicable buildings and roof requirements

Initiated Ordinance 300 (I-300) was designed to apply to the roof of any building constructed after January 1, 2018, that has more than 25,000 square feet and to the roof of any building to which an addition was made that increases the square footage of the building to more than 25,000 square feet. Any building meeting those criteria is required by the initiative to have a certain percentage of the available roof space covered by vegetation (green roof) or by a combination of vegetation and solar panels, provided at least 30 percent is green roof and the roof retains rainfall according to minimum standards. The requirements of the initiative also apply to any roof replacements for buildings larger than 25,000 square feet. A separate requirement is applied to industrial buildings.[1]

The initiative requires between 20 percent and 60 percent of available roof space to be green/solar, with larger buildings requiring a larger percentage as detailed below:

Gross Floor Area

  • 25,000-49,999 sq. ft.
  • 50,000-99,999 sq. ft.
  • 100,000-149,999 sq. ft.
  • 150,000-199,999 sq. ft.
  • 200,000 sg. ft or greater

Coverage of available roof space requirement

  • 20 percent of roof space
  • 30 percent of roof space
  • 40 percent of roof space
  • 50 percent of roof space
  • 60 percent of roof space

Industrial buildings

Under the initiative, industrial buildings have a different requirement than other buildings. Each industrial building with at least 25,000 sq. ft. or an addition to such an industrial building needs to have either (a) 25,000 sq. ft. of green roof or (b) green roof covering 10 percent of available roof space, whichever is less. Alternatively, the initiative was designed to allow industrial buildings to fulfill the requirement with solar panels on 80 percent of available roof space and a system that collects and reuses rainfall according to minimum standards. The initiative was written to define industrial buildings as any building used or intended exclusively for manufacturing, production or processing of goods; any warehouse used for storage of goods; self-storage buildings; distribution and truck centers; and buildings used for research and development in connection with manufacturing and production.[1]

Cash-in-lieu for exemptions

During the permit process, an applicant for a building can request an exemption from the full green/solar roof requirement. The request could seek either a full exemption from the requirement or an adjusted requirement for a smaller portion of available roof space. If the request is granted by the Denver Community Planning and Development Department—governed by the Denver Planning Board—a cash payment would need to be made to offset any reduced green/solar roof space requirement equal to the estimated average cost of the construction required to meet the full requirements of the

Example of a green roof taken from the DenverGreenRoof website

initiative. The initiative was written to set this cost at $25 per square foot initially, but it needs to be reconsidered at least bi-annually by the planning board and can be adjusted.[1]

What is a green roof?

The initiative was written to include a Green Roof Construction Standard section defining the minimum requirements for a green roof. A green roof, as defined, is a roof system that includes a barrier against roots, a drainage system, a layer to filter water, a growing medium—such as soil—and plants. The Green Roof Construction Standard also set out requirements for weight loads, roof slope angles, fire safety barriers between vegetation and certain combustible materials, and plant type requirements—excluding noxious plants. To read the full ordinance, click here.[1]

Permits

The City's Community Planning and Development Department is responsible, under the initiative, for approving permit applications for green roof and green/solar roofs for construction projects as required by the initiative. For the planning board to approve such an application and grant a permit, the application must conform to the green roof standards within the initiative and with Denver's building codes.[1]

Maintenance requirements

Any application for a permit for a required green roof or green/solar roof must include a maintenance plan, including a plan for replanting, as necessary to continue to perform the functions required of the roof.[1]

Green Roof Technical Advisory Group

The initiative also establishes an advisory group consisting of a chair and 10 members appointed by the mayor to advise the Denver Planning Board and the city council on adjustments to the standards and requirements set out in the initiative. Each member of the group must have technical knowledge and professional experience with green roof technology and familiarity with the city's building code. The group must represent the following interests:[1]

  • building regulation enforcement (which could be accomplished by a member of the Denver Planning Board being appointed as a member of the advisory group)
  • the design sector
  • the manufacturers and supplies sector
  • the construction sector
  • the research, academic, and engineering sector—including within the field of green roof research and testing
  • the green roof industry

Text of measure

Ballot question

The ballot question was as follows:[2]

Shall the voters of the City and County of Denver adopt a measure that requires every building and any roof replacement of a building with a gross floor area of 25,000 square feet or greater, or a building addition that causes the building to become 25,000 square feet or greater, constructed after January 1, 2018, shall include a green roof or combination of green roof and solar energy collection; while also requiring proper permits and maintenance plans, establishing construction standards and a technical advisory group, and publishing construction guidelines and best practices; also allowing for exemptions and requiring enforcement with violations and penalties?[3]

Full text

The full text of the measure is available here.

Support

Denver Green Roof campaign logo

Denver Green Roof was behind Initiative 300.[4]

Supporters

The Denver Green Roof website listed the following endorsements of Initiative 300:[4]

  • The Colorado Native Plant Society
  • Food & Water Watch
  • Peak 1 Enterprises, LLC
  • The Energy & Environment Study Group
  • The Denver Green Party
  • Omni Ecosystems
  • Roofmeadow
  • 350 Denver and 350 Colorado

Denver Green Roof was sponsored by the following companies and organizations:[4]

  • LiveRoof
  • GreenSpot
  • Arise music festival
  • Hydrotech
  • Ian's Pizza by the Slice
  • Ground Solutions

Arguments in favor

Supporters of Initiative 300 made the following arguments:[4]

  • Requiring green roofs would alleviate the Urban Heat Island effect, lowering the temperature throughout the city of Denver, which would allow for less energy consumption.
  • Green roofs would promote better air quality in Denver, thereby helping to alleviate asthma, cardiovascular damage, reproductive and developmental harm, lung cancer, and other serious health effects.
    • Proponents stated that Denver has the 11th worst air quality of any city in the country and that this makes promoting air quality improvement a priority.
  • Green roofs would prevent storm flooding by retaining and releasing rainfall in a controlled way that would reduce the burden of the city's drainage system.
    • Proponents stated that the Urban Drainage and Flood Control District gave green roofs as the best way to control runoff.
  • Green roofs could be used to grow sustainable food through urban agriculture programs.
  • Green roofs provide increased performance in workplaces because of the atmosphere provided for breaks and recreation.
  • Green roofs last between two and three times longer than traditional black roofs.
  • The additional cost upfront for developers is offset by long-term savings and by the increased value of the buildings.
  • Green roofs and solar panels could be used to offset energy costs, reduce stormwater drainage costs, and reduce fire risk, and a study conducted by The Green Infrastructure Foundation showed the initiative would ultimately result in $1.85 billion in savings by 2058.

Opposition

Citizens for a Responsible Denver campaign logo

Citizens for a Responsible Denver was formed to oppose Initiative 300.[5]

Opponents

  • Denver Mayor Michael B. Hancock[6]
  • The Denver Metro Chamber of Commerce
  • The Downtown Denver Parternship, Inc.
  • The Colorado Association of Mechanical and Plumbing Contractors
  • The Denver Metro Commercial Association of Realtors
  • The Colorado Association of Realtors
  • Associated General Contractors of Colorado
  • The Denver Metro Association of Realtors
  • The Cherry Creek Area Business Alliance
  • The Denver Convention and Visitors Bureau

  • The Colorado Farm Bureau
  • Colorado Concern
  • The Colorado Apartment Association
  • Native Roots Colorado
  • IREM
  • The Commercial Real Estate Development Association of Colorado
  • The South Metro Denver Realtor Association
  • Integro
  • The Denver Metro Building Owners and Managers Association (BOMA)

Arguments against

Opponents of Initiative 300 made the following arguments:[6][7][8]

  • I-300 would drive up the costs of construction and maintenance.
  • The higher costs would be passed on to renters and would drive up already high housing prices.
  • The one-size-fits-all, mandated approach of I-300 would violate the rights of property owners to decide for themselves whether or not to install green roofs and solar panels.
  • I-300 would costs millions in taxpayer revenue to implement, which could be used for better purposes.
  • I-300 would likely be challenged in court and could contain illegal provisions and conflicts with current city building code.
  • Green roofs could actually hurt air quality by introducing dirt, dust, and other particles into the air because of Denver's dry and windy climate.
  • Green roofs would require additional water usage.

Mayor Hancock said, “While green roofs support many sustainability objectives, Initiative 300 is not the right approach for Denver. By taking a mandate-only approach and eliminating the opportunity for options, the initiative would actually hinder efforts to pilot, promote, phase and incentivize green infrastructure, as is being done in many of our peer cities across the United States. We also are very concerned about cost increases to construct and maintain priority projects such as affordable housing, the legality of several parts of the ordinance, and conflicts with existing city building codes. We would have much preferred to see a collaborative approach, which has become the hallmark of how we solve problems here in Denver.”[6]

Citizens for a Responsible Denver's campaign manager, Mark Truax, said, "The measure is an unnecessary and costly mandate for Denver and will have lasting, devastating impacts on the city. Our coalition is formed to educate Denver residents on the negative impacts this measure would have on rental prices, construction costs, and the regulatory burdens the initiative would bring.”[8]

Denver Metro Commercial Association of Realtors (DMCAR) Katie Kruger said, “Denver has a very dry and windy climate and the rooftop gardens bring about a significant concern for adding particles and debris to the air, increasing the brown cloud issues.”[8]

Background

Other cities with green roof requirements

  • Toronto

The Toronto City Council voted in May 2009 to enact green roof and solar panel requirements for new development in the city. Denver's Initiative 300 was partially modeled after this Toronto law. The law applied to permit applications for residential and commercial buildings made following January 31, 2010, and to industrial developments with permit applications after April 30, 2012. The requirements were applied to buildings 2,000 square meters (about 21,500 sq. ft) or larger. The law was designed to require between 20 percent and 60 percent of green roof coverage, to establish an advisory group—similar to Initiative 300's—and to allow certain cool roof and solar panel alternatives. This Toronto ordinance was the first mandated green roof law in North America.[9]

  • San Francisco

San Francisco's mandated green roof law—approved by the San Francisco Board of Supervisors—was the first in the United States. It was designed to apply to most new development and to require between 15 percent and 30 percent of green roof coverage.[10]

Arguments based on Toronto and San Francisco

Supporting arguments

Supporters of Initiative 300 argued that the laws in Toronto and San Francisco show that green roof mandates can provide benfits to a city and can be implemented without economic harm. Click here for more support campaign information.

Opposing arguments

Opponents of Initiative 300 argued that the climate in Denver is much drier than in Toronto and San Francisco, making issues such as water use, increased dust, and increased cost much more difficult than in the coastal cities that have tried mandating green roofs. Click here for more opposition campaign information.

Other programs

Tax rebates, incentive grants, related storm-water drainage requirements, and other programs related to green roof technology and solar panels are provided by other city governments, as well as some state-level and federal-level programs. A list of some of these programs is available here.

Legislation regarding green roofs also exists in other countries outside of North America, such as France and Germany. In July 206, Cordoba became the first city in Argentina to mandate green roofs.[11]

Path to the ballot

See also: Laws governing local ballot measures in Colorado

This measure was put on the ballot through a successful initiative petition campaign sponsored by Madison Backens, Katharine Robbins, Brandon Rietheimer, Maureen Hnatiuk, and Melissa Schramm. To qualify an initiative for the ballot in Denver, valid signatures equal to 5 percent of the votes cast for mayoral candidates in the preceding mayoral election must be collected within a 180-day window. This requirement amounted to 4,726 signatures to qualify an initiative for the November 2017 election. The petition drive used volunteer petitioners to collect signatures. The group submitted more than 7,000 signatures. On August 29, 2017, the Denver elections office verified that 4,771 of the submitted signatures were correctly filled out and from registered voters.[12][13]

The laws governing Denver's initiative process prevent the Denver City Council from amending or repealing a citizen-initiated ordinance for at least six months. Following six months, the law requires a two-thirds (66.67%) vote for the city council to change or repeal initiative ordinances.

Reports and analyses

Editorial note: Ballotpedia includes studies and analyses conducted surrounding ballot issues because they play an important role in the campaigns both in support and opposition. By displaying the study below, Ballotpedia is not endorsing it or commenting on whether or not the report is accurate, unbiased, or comprehensive. If you know of an analysis or study conducted concerning Initiative 300 that is not listed below, please email editor@ballotpedia.org.

The Green Infrastructure Foundation

The Green Infrastructure Foundation (GIF) conducted a financial cost vs. benefit analysis of Initiative 300 over a projected fifteen year period and released its results on October 13, 2017. The foundation website provides the following description of itself: "The Green Infrastructure Foundation (GIF) was founded in 2007 to respond to the need for greater awareness and resources to promote the design, installation, and maintenance of green infrastructure in local communities."[14]

GIF reported the following findings from its study:[15][16]

Cost Benefit Study Finds a Yes Vote for the Denver Green Roof Ballot Initiative Would Result in 57.5 million square feet of green roofs, generate 1.85 billion in savings by 2058 and approximately 25,000 job-years in employment over a 15 year period.

The new study is designed to provide information on costs and benefits at both the building and multi-building scales. Study highlights on the cumulative costs and benefits over a 15-year period, net present value, include:

  • 57.5 million square feet of green roofs on new and existing buildings constructed
  • $1.06 billion in capital investment and $336 million in maintenance costs
  • $445 million in rooftop food production
  • $573 million in savings due to increased membrane durability
  • $171 million in savings due to reduced urban heat island effect (Denver is the 3rd worst city in the US for the urban heat island)
  • $59 million in direct energy savings
  • $37 million in benefits associated with improved productivity and reduced absenteeism
  • $95 million in real estate benefits associated with lower vacancy rates and turnover
  • $38 million in community economic benefits from increased tax revenues associated with employment

By the year 2058, the cumulative benefits of the 57.5 million square feet of green roofs exceed the costs by $1.85 billion, net present value.[3]

Other elections

Other propositions

See also: Denver County, Colorado ballot measures

Denver voters decided a seven-question, $937 million bond question package, an initiative designed to establish a green and solar panel roof requirement, and an administrative charter amendment:

Initiated Ordinance 300: Denver Green and Solar Roof Requirement Approveda
Referred Question 2A: Denver Streets and Transportation Bond Issue Approveda
Referred Question 2B: Denver Cultural Facilities Bond Issue Approveda
Referred Question 2C: Denver Health and Hospital Outpatient Center Bond Issue Approveda
Referred Question 2D: Denver Public Safety Facilities Bond Issue Approveda
Referred Question 2E: Denver Library Bond Issue Approveda
Referred Question 2F: Denver Parks and Recreation Bond Issue Approveda
Referred Question 2G: Denver Public Facilities Bond Issue Approveda
Referred Question 2H: Denver Department of Public Health and Environment Name Change and Board Member Increase Approveda

Denver Public Schools board member election

See also: Denver Public Schools elections (2017)

Four of the seven seats on the Denver Public Schools Board of Education in Colorado were up for nonpartisan general election on November 7, 2017. In her bid for re-election, at-large incumbent Barbara O'Brien ran against Julie Banuelos and Robert Speth. The open District 2 race included Angela Cobian and Xochitl "Sochi" Gaytan. District 3 incumbent Mike Johnson faced Carrie Olson. District 4 incumbent Rachele Espiritu ran against Tay Anderson and Jennifer Bacon.

To read more about the Denver Public Schools Board of Education election, click here.

Recent news

The link below is to the most recent stories in a Google news search for the terms Denver green roof initiative Initiated Ordinance 300. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

External links

Support

Opposition

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Denver City Government, "Denver Green Roofs-Full Text of Measure," accessed October 14, 2017
  2. Denver Elections Office, "City and County of Denver, Coordinated Election, Tuesday, November 7, 2017," accessed October 8, 2017
  3. 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. 4.0 4.1 4.2 4.3 Denver Green Roof, "Home," accessed October 14, 2017
  5. Citizens for a Responsible Denver, "Home," accessed October 14, 2017
  6. 6.0 6.1 6.2 Denver Post, "Denver Mayor Michael Hancock is against Green Roof Initiative, says it 'goes too far too fast,'" October 11, 2017
  7. BOMA Twitter, "Why you should vote No," accessed October 14, 2017
  8. 8.0 8.1 8.2 Mile High, "Denver Green Roof Initiative Meets Strong Opposition," September 20, 2017
  9. Toronto City Government, "Green Roofs," accessed October 23, 2017
  10. San Francisco City Government, "San Francisco Better Roofs," accessed October 23, 2017
  11. National Geographic, "Green Roofs Take Root Around the World," October 27, 2016
  12. Denver Post, "Voters will get to decide whether large new Denver buildings must sprout rooftop gardens," September 5, 2017
  13. Living Architecture Monitor, "Denver Citizen's Group Gathers Over 7,000 Signatures to Win Approval of a Ballot Initiative that Would Require Green Roofs on All Buildings in Denver, Colorado," August 31, 2017
  14. The Green Infrastructure Foundation, "Mission and Background," accessed October 22, 2017
  15. The Green Infrastructure Foundation, "Press release of results from the study," accessed October 21, 2017
  16. The Green Infrastructure Foundation, "Making Informed Decisions: A Green Roof Cost and Benefit Study for Denver," October 13, 2017