09-098 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 09-098
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING GREEN
BUILT NORTH TEXAS PROTOCOL 2.0 WITH TOWN OF PROSPER
ADDENDUM NO. 1 CREATING THE TOWN OF PROSPER RESIDENTIAL
GREEN BUILDING PROGRAM FOR REGULATING SITE MANAGEMENT
AND WASTE REDUCTION, WATER EFFICIENCY, INDOOR AIR QUALITY,
AND ENERGY EFFICIENCY OF ALL RESIDENTIAL BUILDINGS AND
STRUCTURES IN THE TOWN OF PROSPER; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR
AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated
and determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas
("Prosper") to adopt Green Built North Texas Protocol 2.0 with Town of Prosper Addendum No. 1
creating the Town of Prosper Residential Green Building Program.
WHEREAS, the Town Council finds the regulations adopted herein will advance the Town's
interest in water and energy conservation, pollution reductions and affordable utilities for citizens.
SECTION 1: Findings Incorporated/ApI)licability of Ordinance. The findings set forth above
are incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Green Built North Texas Protocol 2.0. Green Built North Texas Protocol 2.0
sets the minimum standards for site management and waste reduction, water efficiency, indoor air quality,
and energy efficiency for all single family residential buildings and structures. The Minimum Standards
required for all single family residential buildings and structures, for which an application for a building
permit is filed after August 31, 2010, shall be those standards included in Green Built North Texas
Protocol 2.0 as exists or may be amended as set forth in Exhibit A, which is attached hereto and
incorporated as if fully set forth herein.
SECTION 3: Town of Prosper Addendum No. 1. In addition to complying with the minimum
standards set forth in Green Built North Texas Protocol 2.0, all single family buildings and structures for
which an application for a building permit is filed after August 31, 2010 shall:
• Use minimum class 3 roofing materials with a minimum 30 -year warranty.
• Install gutters with downspout extensions or concrete splashguards and positive drainage away
from house.
Town of Prosper Residential Green Building Program Page 1 or
• Install an irrigation system with (ET) irrigation controller. The option to use no irrigation system
under Water Efficiency Strategy #4 of Green Built North Texas Protocol 2.0 is not permitted.
• Zone irrigation system separately for turf and slab/bedding areas.
• Install an ENERGY STAR dishwasher.
• Install ENERGY STAR programmable thermostats.
SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this
Ordinance, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall
not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 5: Savings/_Re>rwaling Clause. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution
from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinance shall remain in full force and effect.
SECTION 6: Severahiliq. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional or invalid.
SECTION 7: Effective Date. The caption of this Ordinance shall be published in accordance
with the Town Charter, and shall become effective immediately upon its passage and such publication.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this l I"' day of August, 2009.
APPROVED AS TO FORM:
Char es Niswanger, Mayor
Town of Prosper Residential Green Building Program Page 2 of 3
ATTESTED TO AND
CORRECTLY R Y;
M hew D. Denton,'FIR
Town Secretary
DATE OF PUBLICATION.•/T4 S R Dallas Morning News —Collin County Edition
Town of Prosper Residential Green Building Program Page 3 of 3
Green Built
North Texas
AHome Builders Association Initiative
Protocol Version 2.0
*In order to be recognized by the program, each home must be verified, under the process established by the program, to
meet either the following requirements or the Silver Level of the NAHB National Green Building Program.
*Applicable building codes, as they are written or interpreted by the jurisdiction in which the home is constructed, take
precedence over any provision contained herein.
Site Management and Waste Reduction
1. Obtain TCEQ Storm Water Permit, when required, and follow best management practices.
2. Implement a tree protection plan or fully comply with established local ordinance regarding tree protection.
Select one (1) of the following waste reduction strategies:
Strategy #1: Minimize construction waste and maximize opportunities to reuse material by implementing any or all of
the following waste reduction strategies:
• Reuse form board on slabs and flatwork
• Optimize building dimensions to correspond to standard lumber dimensions.
• Develop detailed framing layouts to avoid waste when ordering lumber.
• Set aside lumber and plywood/OSB cut-offs that can be used later as fire blocking, spacers in header
construction, etc.
• Use larger pieces of leftover lumber (6' or more in length) for other jobs or donate them to Habitat for
Humanity.
• Order drywall in optimal dimensions to minimize cut-off waste. Drywall is available in different lengths,
and designed dimensions should correspond to standard sizes.
• Set large drywall scraps aside during hanging for use as filler pieces in areas such as closets.
• Estimate masonry material needs carefully to avoid waste.
• Salvage usable bricks, blocks, slate shingles, tile and other masonry materials from remodeling and
construction. Store for future jobs or divert to salvage operations.
Strategy #2: Recycle material waste. Include strategies for recycling lunch trash as well as construction and
demolition debris.
• Consult listing of recycling facilities and the materials they accept in the technical review manual.
• Separate waste
• On-site grinding of wood to mulch
Water Efficiency
1. Install rain and freeze sensors on sprinkler system or weather forecast based (ET) irrigation controller.
2. Limit landscape & turf plantings to drought -tolerant varieties (must survive stage 3 drought restrictions).
3. Install 2" deep mulch in landscape beds.
4. Select water efficient toilets that work with first flush (min. 250 grams).
5. Locate water heater within 30 ft. of fixtures, install hot water on demand system, or install parallel piping system that
originates from a central manifold (i.e. PEX Home -Run).
Select any two (2) of the following water conservation strategies or install rainwater catchment system to provide
for a minimum of 50% of landscape irrigation needs:
Strategy #1: Install an ENERGY STAR dishwasher.
Strategy #2: Select high performance fixtures. Choose any two (2) of the following:
• All lavatory faucets rated at less than 2.0 gpm.
• All kitchen & utility faucets rated at less than 2.2 gpm.
• All showerheads rated at less than 2.5 gpm.
Strategy Zone irrigation system separately for turf and slab/bedding areas.
Strateav #4: Install a low-volume, non -spray irrigation system. Choose any one (1) of the following:
• Drip irrigation
• Bubblers
• Drip emitters
• Soaker hose
• Subsurface irrigation
• Use no irrigation system
Indoor Air Quality
1. Perform Manual J calculation based on actual house design, specifications and orientation and ensure that installed
equipment matches Manual J calculations (or approved software). Verify proper refrigerant level and HVAC
commissioning per manufacturer's specifications. Maintain documentation through warranty period.
2. Seal ducts during construction at vent entry and exit.
3. Provide ducted mechanically controlled fresh air in -take system that meets the fresh air needs of the house.
4. If gas furnaces and/or water heaters are located within conditioned space they must be sealed combustion or vented
to the outside.
5. Install continuous drainage plane on exterior walls behind cladding material.
6. No vapor barrier on inside of exterior walls.
7. Ensure proper flashing at windows and doors.
8. Avoid attached garage or isolate garage from the living space by providing a tightly sealed, gasketed door between
the garage and conditioned space and provide a continuous air barrier between walls and ceilings separating the
garage from the conditioned living space.
9. Provide combustion air for wood -burning fireplaces from outside.
10. Use no fiberglass duct board unless sealed properly with low toxic mastic.
11. Install return air ducts, jump ducts, or transfer grills in all bedrooms.
12. Install vapor barrier under slab.
13. Use minimum MERV 8 filters for AC return.
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Select any two (2) of the following strategies to enhance indoor air quality:
Strategy #1: Select carpets, padding, and adhesives that are compliant with emission levels in accordance with the Carpet
and Rug Institute's (CRI) Green Label or Green Label Plus indoor air quality program.
Strategy #2: Use zero-VOC architectural coatings as determined by EPA Method 24 (VOC content below the detection
limit for the method).
Strategy #3: Use low-VOC adhesives and sealants (per NAHB 901.9.1)
Strategy, #4: Install capillary break under bottom plate.
Strategy #5: Install equipment to maintain Relative Humidity at or below 60% (i.e. central HVAC with dehumidification
mode or other dehumidification system).
Strategy #fi: Install ENERGY STAR programmable thermostats with humidity control.
Strategy #7: Install one carbon monoxide (CO) detector, compliant with Section 5.2.3 of NFPA Standard 720, per 1,000
square feet of living space or minimum one per floor.
Strati: Install central vacuum (canister unit) outside conditioned space.
Strategy #9: Install kitchen and bath vanity cabinets that contain no added urea formaldehyde.
Strategy #10: Install kitchen range hood to vent range to the outside (at least 100 CFM)
Strategy #11: Install glass door on wood -burning fireplace.
Strategy #12: Upgrade AC return filtration to minimum 4 -inch pleated or MERV 11 (in lieu of item #13).
Energy Efficiency
1. Each home must obtain ENERGY STAR certification with a HERS Index of 83 or below.
Materials
1. Use engineered lumber products to maximum extent possible to include trusses, joists, and finger -jointed dimensional
lumber.
2. Use exterior cladding materials with minimum 25 -year warranty.
3. Provide gutter downspout extensions or concrete splashguards and positive drainage away from house.
4. Employ advanced framing techniques to reduce waste. Choose any one (1) of the following techniques:
• 19.2 -inch or 24 -inch on -center framing for floor system and/or load bearing walls.
• 24 -inch on -center framing for roof systems and/or interior partitions.
• Single top plate walls.
• Advanced wall systems such as SIPs or ICF.
• Steel framing as long as thermal bridging is mitigated by foam core panels on the outside or blown in
foam insulation that covers the studs.
• Right -sized headers or insulated (box) headers (where required).
• Eliminate headers in non-bearing walls.
• Ladders blocking at interior -wall -to -exterior wall intersections (i.e. Ladder T's at perpendicular wall
intersection) and double rim joist in lieu of header (2X6 or deeper wall framing).
• Two -stud corner framing or California Corners.
• Engineered frame design.
Select any two (2) of the following strategies to enhance building material durability:
Stralegy_#) : Provide minimum 12 -inch roof overhangs based over at least 90 percent of exterior walls to protect the
building envelope.
Strategy #2: Install metal drip edge at eaves and gable roof edges.
Strategy #3: Install a continuous, physical, non -chemical foundation termite barrier.
Strategy #4: Use termite -resistant materials for structural components and exterior claddings of walls, floors, or exterior
decks.
Strategy #5: Install a minimum of # 30 roofing felt on entire roof for secondary moisture protection.
Strategy #6: Use minimum class 4 roofing material.
Homeowner Education
1. Provide homeowner with operations and maintenance kit and perform walk-through.
2. Provide homeowner with information on local recycling programs, green energy service providers, and ENERGY
STAR certification process contained in the Green Built North Texas Homeowner Education Document.
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