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1 ORDINANCE NO. 11 - 0 I Y
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, AMENDING P ART III , LAND
5 DEVELOPMENT REGULA TIONS, CHAPTER 2, LAND
6 DEVELOPMENT PROCESSES, ARTICLE I, OVERVIEW AND
7 AMENDING ARTICLE VI, IMP ACT 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
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
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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
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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:
8
9 Section 5. Green Buildine: Proe:ram.
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 of the Green Building Program.
39
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1 D Incentives. The City shall provide the following incentives to
2 encourage the use of this program and are hereby authorized:
3
4 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 of the 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 of the 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
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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:
6
7 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, incl uding
18 establishing a Energy Efficiency /W ater
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 Ae:encv (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. Si2nae:e. The City shall allow the following bonuses
45 to the currently allowed signage regulations:
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2 ~ 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 Name 1." 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.
8
9 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:. F or 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 A ward" 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
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1 workshops for the purpose of educating potential or current program
2 participants about the program.
3
4 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.
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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.
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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 of Planning
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
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1 B. Grounds for Revocation. The following are grounds for
2 revocation of a development approval:
3
4 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 of the 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 Section 3. 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 IMP ACT AND SELECTED FEES:
34
35 Section 8. Green Buildin2 Proe:ram. 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 of this 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.
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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
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