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Page 4 — Property Management Quarterly — January 2018
Legal
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O n Nov. 8, 2017, the voters of
Denver passed the Denver
Green Roof Initiative. As of
Jan. 1, the construction of
any building with a gross
floor area of 25,000 square feet
or greater must include covering
a portion of its roof with vegeta-
tion, solar panel installations or a
combination of both. The Initiative
is codified as Article XIII §§ 10-300
et seq. to Title I, Chapter 10 of the
Denver, Colorado Code of Ordi-
nances.
Supporters of the initiative assert
the new requirements will mitigate
Denver’s growing ozone/particulate
pollution output and alleviate Den-
ver’s “urban heat island” effect, a
condition in which an urban area
becomes significantly warmer than
its surroundings due to develop-
ment density and a heavy con-
centration of heat-retaining pave-
ment and concrete. Supporters
contend the “improvements” will
reduce long-term operating costs
and overall energy consumption
through the use of solar power and
offsets to costs and energy cur-
rently devoted to water drainage.
Additionally, supporters claim the
rooftop vegetation will extend a
roof’s longevity by providing added
protection to its waterproofing
membrane.
The initiative passed despite
heavy opposition from power-
ful local actors including Mayor
Michael Hancock, the Denver
Metro Chamber of Commerce, the
Downtown Denver Partnership,
the Visitors Bureau and develop-
ment groups. These groups insist
the initiative will
drive up develop-
ment costs and
contribute further
to the overvalu-
ation of Denver’s
housing mar-
ket. Mayor Han-
cock expressed
concerns that
the initiative’s
mandate-only
approach elimi-
nates opportunity
to implement a
phased infrastruc-
tural plan aimed
at addressing environmental con-
cerns that could ultimately yield
more effective long-term results
while avoiding the repercussions
the initiative currently poses to
developers and property managers.
The chairwoman of Citizens for a
Responsible Denver, a coalition of
Colorado businesses opposed to
the initiative, said she is troubled
by the fact that institutions like
Denver Health might now be forced
to spend less on, or postpone
indefinitely, future projects such
as expansion or the construction
of a new facility to pay the costs
required to satisfy the initiative’s
requirements.
It is estimated the initiative’s
measures will cost a developer an
average of an additional $15 per sf.
However, it is unclear whether that
number is entirely reliable consid-
ering the initiative requires exist-
ing buildings meet its mandates in
two circumstances:
• When existing buildings that
fall within the
square footage
parameters of the
initiative inevita-
bly require a roof
replacement, and
• When existing
buildings con-
struct additions
causing them to
fall within the
square footage
parameters.
Consequently,
it is not unrea-
sonable to think
that “retrofitting” such roofs could
come with unanticipated costs and
issues.
The initiative provides for a cor-
responding increase in the per-
centage of “green roof space” in
relation to the gross square footage
of floor area within a building. For
example, a building with a gross
floor area of 25,000 to 49,999 sf
must cover 20 percent of its avail-
able roof space in vegetation or
solar installations. A building with
a gross floor area of 200,000 sf or
more must cover 60 percent of its
roof with the same.
A combination of solar instal-
lations and vegetation may be
used to fulfill the green roof space
requirements only if “the combi-
nation is no less than 30 [percent]
green roof and retains or collects
for re-use at least the first 0.25
inches from each rainfall or 50
percent of annual rainfall volume
falling on the roof through systems
that incorporate roof surfaces.”
Developers must have a permit
issued by the Community Plan-
ning and Development Department
to construct or cause to be con-
structed a green roof. Furthermore,
where a “complete site applica-
tion” indicates a development
will include two or more build-
ings, and such buildings are to be
constructed in phases, the green
roof requirements must be met in
the first phase of development to
obtain a permit for the whole proj-
ect. Any green roof area in excess
of the 25,000-sf minimum may be
applied to subsequent phases of
the development.
Applications for a green roof
construction permit must be made
to the Community Planning and
Development Department through
a Green Roof Declaration Form. The
form requires disclosure of infor-
mation including, but not limited
to, structural design, intended use
of the roof, whether it will have
private or public access, and infor-
mation about fire safety. There is
no additional application fee when
the required green roof application
is sought in conjunction with a
general building construction per-
mit. When an application is made
for an alteration or renovation to
construct a green roof, the fee is
the same as it is for the building
permit classification.
All green roofs must be con-
structed and maintained according
to the Denver Green Roof Construc-
tion Standard – the mandatory
provisions of which prescribe rules
relating to green roof assembly,
Donald “Corky”
Eby
Attorney, Robinson
and Henry PC,
Castle Rock
Tucker Allen
Law clerk,
Robinson and
Henry PC, Castle
Rock