Green Building Program - Ordinance# 11-014
iI 1 ORDINANCE NO 11 0 I Y 23 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH FLORIDA AMENDING PART III LAND 5 DEVELOPMENT REGULATIONS CHAPTER 2 LAND 6 DEVELOPMENT
PROCESSES ARTICLE I OVERVIEW AND 7 AMENDING ARTICLE VI IMPACT AND SELECTED FEES TO 8 CREATE PROVISIONS FOR A VOLUNTARY GREEN BUILDING 9 PROGRAM FOR THE CITY OF BOYNTON BEACH PROVIDING
FOR 10 CONFLICTS SEVERABILITY CODIFICATION AND AN EFFECTIVE 11 DATE 12 13 14 WHEREAS the City Commission of Boynton Beach has determined and 15 approved through the adoption of the City
of Boynton Beach Climate Action Plan that it 16 would be advantageous and beneficial to the citizens of the City of Boynton Beach the 17 City to create procedures and incentives for
the implementation of a green building 18 program and 19 WHEREAS buildings within the City consumed 461 percent oftotal energy used 20 in 2006 and commercial buildings constituted 21
percent of that total and 21 WHEREAS the amount of salvageable structural lumber disposed of annually in in 22 the U S is approximately one billion board feer and 23 WHEREAS the average
per person use of publicly supplied water in Boynton 24 Beach is 114 gallons per day with an additional 18 gallons per day in commercial use 25 or 48 180 total gallons per year and 26
WHEREAS the City Commission has determined that it is in the best interest of 27 the citizens of the City to promote energy efficiency water conservation and the 28 responsible use of
resources I City of Boynton Beach Greenhouse Gas Emissions Inventory 2 Green Sustainable Growth Symposium Lake County Florida S CA Ordinances LDR ChangdOrdinance Green Building Program
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IIii 1 NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION 2 OF BOYNTON BEACH FLORIDA that 3 Section 1 The foregoing whereas clauses are true and correct and are now ratified and I 4
I confirmed by the City Commission 5 Section 2 Chapter 2 Article I Overview of the Land Development Regulations is 6 hereby amended by adding the words and figures in underlined type
as follows 7 CHAPTER 2 ARTICLE I OVERVIEW 89 Section 5 Green Buildine Proeram 10 11 A Purpose and Intent The Green Building Program establishes 12 procedures and incentives for the implementation
of green building 13 standards The program is intended to encourage the incorporation of 14 green building practices into development proiects The program may be 15 applied to any development
within the City including redevelopment 16 proiects and government initiated development proiects submitted for 17 City review 18 19 B Government Leadership To demonstrate the City s
commitment 20 to a green building program the City shall comply with the green building 21 program established herein for all government buildings pursuant to 22 Section 255 2575 2 Florida
Statutes and 23 24 1 Track and report the City s annual water and energy use 25 and 26 27 2 Publish an annual report that outlines the City s energy and 28 water use performance for
the pnor year and outline 29 methodologies for potential reductions in keeping with the 30 approved Climate Action Plan initiatives 31 32 C Scope and Applicabilitv This program applies
to all lands 33 private and public within the City and the City owned well fields The 34 scope of its application shall be for development approvals and building 35 permits submitted
for the voluntary green building program Such plans 36 and approvals shall be reviewed for compliance with the appropriate parts 37 of the adopted City s Comprehensive Plan and the land
development 38 regulations in addition to the requirements ofthe Green Building Program 39 S CA OrdinancesLDR ChangeSOrdinance Green Building Program Ordinance doc 2 I
II 1 D Incentives The City shall provide the following incentives to 2 encourage the use of this program and are hereby authorized 34 1 Expedited Permittine For any voluntary program
5 participant the City shall provide expedited review in accordance 6 with Section 4 above as approved in ordinance 09 024 All such 7 applications for expedited review shall be accompanied
by the 8 appropriate forms evidence of a completed green building 9 certification application according to the requirements of the 10 certifying entity and proof of payment of the application
fee 11 required to process the application for certification A City staff 12 member shall be designated as proiect manager and shall work in 13 close contact with the applicant and certifying
agent The proiect 14 manager shall oversee the expedited review of the proiect once 15 formal plans have been prepared and submitted to the City 16 17 2 Fees and Tax Incentives 18 19
a Purpose and Intent Within 180 days of the 20 effective date of this program the City shall establish an 21 incentive program to promote early adoption of green 22 building practices
by applicants for new site plans and 23 building construction permits for buildings regulated by 24 this code The incentive program shall be funded by funds 25 deposited in the Green
Building Fund subiect to the 26 availability of funds As part ofthe incentive program the 27 City and or the Boynton Beach Community 28 Redevelopment Agency shall establish a property
tax 29 incentive along with the Green Building Fee incentive for 30 Qualifying Green Building Program Proiects and may 31 provide grant funding to help defray the costs associated 32
with the early adoption of the Green Building Program 33 Property Tax incentives shall be incorporated into a 34 Developers Agreement pursuant to the requirements ofthe 35 Green Building
Program 36 37 b Green Buildine Fund There is established a 38 fund designated as the Green Building Program Fund 39 herein referred to as Fund separate from the General 40 Fund ofthe
City of Boynton Beach All additional monies 41 obtained in connection with the Green Building Fee 42 subparagraph c below shall be deposited into the Fund 43 without regard to fiscal
year limitations and used solely to 44 pay the cost of operating and maintaining the Fund for the 45 purposes contained in this subsection All funds interest S CA OrdinancesLDR ChangesOrdinance
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II I and other amounts deposited into the Fund shall not be 2 transferred or revert to the General Fund of the City at the 3 end of any fiscal year or at any other time but shall 4 continually
be available for the uses and purposes set forth 5 in this section The Fund shall be used as follows 67 ill Staff salaries and operating costs to provide 8 technical assistance plan
review and inspections 9 and monitoring of green buildings achieving 10 certification through the Green Building Program 11 12 ill Education training and outreach to the 13 public and
private sectors on green building 14 practices and 15 16 ill Incentive funding for public and private 17 buildings as provided herein including 18 establishing a Energy Efficiency Water
19 Conservation Revolving Loan fund 20 21 ill Incentive funding for energy efficiency and 22 water conservation efforts in City owned facilities 23 pursuant to the City s GHGE reduction
goal 24 adopted in the Climate Action Plan 25 26 c Green Buildine Fee A Green Building Fee 27 herein referred to as Fee is established to fund the 28 implementation of this program and
the Fund Upon the 29 effective date of this ordinance the Fee shall be 30 established by increasing the building construction permit 31 fees in effect at the time in accordance with
the following 32 33 All building permits an additional fee of O OOOII based 34 on permit valuation 35 36 d Community Redevelopment Aeencv CRA Tax 37 Increment Financin2 Fundin2 CRA Board
approved 38 Tax Increment Finance Funding incentive for proiects 39 within the CRA district participating in the program 40 incorporated as part ofthe City s Developer s Agreement 41
requiring proof of Certification and annual reporting as 42 outlined in the program 43 44 3 Si2naee The City shall allow the following bonuses 45 to the currently allowed signage regulations
S CA Ordinances LDR ChangeSOrdinance Green Building Program Ordinance doc 4 I
12 One 1 additional temporary construction sign may 3 be installed that notes that This proiect is a City of 4 Boynton Beach Green Building Proiect by Company 5 Name1 This additional
temporary construction sign must 6 meet the standard dimensional requirements as set forth in 7 Chapter 4 Article IV Section 4 B 3 89 b The notation City of Boynton Beach Green 10 Building
Proiect may be added on the proiect entry 11 monument signage The additional sign area to include the 12 City approved notation letters and logo shall be a 13 maximum of four 4 inches
high by 42 inches wide 14 Additional sign area greater than that allowed by the land 15 development regulations shall be permitted for this 16 notation only 17 18 4 Marketine For any
program participant the City shall 19 provide the following marketing incentives including but not 20 limited to 21 22 The inclusion of program participants on a 23 webpage dedicated
to the program 24 25 b The creation of promotional documents such as a 26 program logo for a participant s advertisements or 27 brochures and 28 29 Press releases 30 31 5 Green Buildin2
Award For the purpose of publicly 32 recognizing outstanding commitment to the green building the 33 program shall provide for an award called the City of Boynton 34 Beach Green Building
Award to be awarded annually by the City 35 to one program participant obtaining the most elective points and 36 greatest annual energy reduction 37 38 E Certification Verification The
applicant shall provide 39 documentation to the City verifying the authenticity of a proiect s green 40 certification as outlined in the Green Building Program The program shall 41 be
subiect to certification by a qualified third party 42 43 F Education and Trainine The City in coni unction with the 44 ICC FGBC USGBC GBI or other state or nationally recognized high
45 performance green building rating system may conduct training S CA Ordinances LDR ChangeSOrdinance Green Building Program Ordinance doc 5 j
II 1 workshops for the purpose of educating potential or current program 2 participants about the program 34 1 The City will attempt to make available a meeting space at 5 a government
facility for green building programs offered by 6 organizations that are of a general nature not product specific 7 Organizations shall contact the facility s staff to make 8 arrangements
9 10 2 Development Department staff shall be encouraged to 11 attend at least eight 8 hours of green building training annually 12 13 14 I Section S Development Orders 15 16 The City
Clerk or designee will record specific action by the Advisory Board and 17 City Commission with respect to each staff comment or recommendation The 18 City Clerk shall also sign and
witness the completed record of the proceedings 19 which then becomes the official and final development order 20 21 For the purpose of the issuance of development orders and permits
the City of 22 Boynton Beach has adopted level of service standards for public facilities and 23 services which include roads sanitary sewer solid waste drainage potable water 24 and
parks and recreation 25 26 Compliance with levels of service as stated in the Boynton Beach Comprehensive 27 Plan is required See Chapter 1 Article VI for additional regulations regarding
the 28 concurrency management system 29 30 31 I Section 76 Revocation of a Development Approval 32 33 Unless described otherwise in this article the following procedures shall outline
34 the revocation of a development approval 35 36 A Initiation The Director of Planning and Zoning shall 37 investigate alleged violations of imposed condition or conditions The 38 Director
of Planning and Zoning shall determine whether or not to 39 terminate or suspend a development approval Ifthe Director ofPlanning 40 and Zoning determines that a termination or suspension
of a development 41 approval is appropriate a recommendation including the reason or 42 reasons for their determination shall be made to the City Commission 43 who shall conduct a public
hearing on the matter 44 S CA Ordinances LDR ChangeSOrdinance Green Building Program Ordinance doc 6 I
II ii iI 1 B Grounds for Revocation The following are grounds for 2 revocation of a development approval 34 1 Misleading Information The intentional provision of 5 materially misleading
information by the applicant the provision 6 of information is considered intentional where the applicant was 7 aware of the inaccuracies or could have discovered the 8 inaccuracies
with reasonable diligence and 9 10 2 Non Compliance The failure to correct any violation 11 of any condition of a development approval within the time 12 specified by the City and or
after notification from the City of 13 violations of the development approval 14 15 C Notice and Public Hearing Notice of the hearing shall be 16 provided to the development approval
holder at least 10 working days 17 prior to the hearing Such notice shall be in writing and delivered by 18 personal service or certified mail and shall advise of the Director of 19
Planning and Zoning s recommendation as well as the date and location of 20 the hearing before the agency 21 22 D Decision and Notice The agency shall prepare a development 23 order
approving approving with conditions or denying the Director of 24 Planning and Zoning s recommendation The development order shall 25 contain findings that address the basis for condition
or conditions that 26 have been violated and the harm such violation has caused In the case of 27 suspension ofthe use the development order shall state the length oftime 28 such violation
can be cured In the case of a termination the development 29 order shall state the reason such violation cannot be cured 30 31 Section3 Chapter 2 Article VI Impact and Selected Fees
ofthe Land Development 32 Regulations is hereby amended by adding the words and figures in underlined type as follows 33 CHAPTER 2 ARTICLE VI IMPACT AND SELECTED FEES 34 35 Section 8
Green Buildin2 Proeram See Chapter 2 Article I Section 5 36 for additional fees associated with the Green Building Fee a voluntary program 37 38 Section 4 Should any section or provision
ofthis Ordinance or any portion thereof be 39 declared by a court of competent jurisdiction to be invalid such decision shall not affect the 40 remainder of this Ordinance S CA OrdinancesLDR
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IIi 1 Section 5 Authority is hereby given to codify this Ordinance 2 Section 6 This Ordinance shall become effective immediately 3 FIRST READING this 5th day of April 2011 4 SECOND FINAL
READING AND PASSAGE this 27th day of April 2011 5 CITY OF BOYNTON BEACH FLORIDA vJo dnguez 10 d 11 12 pk 2 13 Marlene ROft S 1 14 15 l 0 16 It f 17 William lflove 18 i 1 19 I 20 J 21
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