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19-01123 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 19-_a& AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA AMENDING PART III LAND DEVELOPMENT REGULATIONS CHAPTER 2, LAND DEVELOPMENT PROCESSES, ARTICLE I, SECTION 5 UPDATING THE PROVISIONS OF THE CITY'S VOLUNTARY GREEN BUILDING PROGRAM; REVISING THE USES OF REVENUE COLLECTED THROUGH THE CITY'S "GREEN BUILDING FEE"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, a green building, also known as a sustainable building, is a structure that is designed, built, renovated, operated, and/or reused in an ecological and resource -efficient manner; and WHEREAS, the City of Boynton Beach recognizes several rating systems that provide standards for green building construction, including the Leadership in Energy and Environmental Design (LEED) rating system, the International Green Construction Code (IGCC), the Green Globes rating system, and the Florida Green Building Coalition standards; and WHEREAS, the City has committed to reduce its greenhouse gas emissions and improve access to sustainable energy through the adoption of the City of Boynton Beach Climate Action Plan and participation in the Global Covenant of Mayors for Climate and Energy; and WHEREAS, the purchase of electricity in buildings accounted for approximately 72% of greenhouse gas emissions from City Operations, and approximately 46% of greenhouse gas emissions in the Boynton Beach community in 2017; and WHEREAS, the City Commission passed Ordinance No. 11-014, in April 2011, to create provisions for a voluntary green building program for the City of Boynton Beach; and WHEREAS, the City staff has reviewed the green building program and determined that it should be updated to more effectively incentivize green building practices and distribute the revenue collected through the City's "Green Building Fee"; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Part III, Chapter 2, Article I, Section 5 of the Land Development Regulations to update the City's Green Building Program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. 4 64 65 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 9C 91 Section 2. Chapter 2, Article I, "Overview," of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: CHAPTER 2, ARTICLE 1. OVERVIEW: Sec. 5. Green Building Program. A. Purpose and Intent. The Green Building Program establishes procedures and incentives for the implementation of green building standards. The program is intended to encourage the incorporation of green building practices into development projects. The program may be applied to any development within the city, including redevelopment projects and government initiated development projects, submitted for city review. B. Government Leadership. To demonstrate the city's commitment to agreeR big sustainability, the city shall comply with a sustainable buildingrating ating_system or a national model green building code+h_ Green P_ ildi Pf:E)gFam -' -`---bushed "for all government buildings pursuant to F.S. § 255.2575(2), and 1.Inventory and report the city's annual greenhouse gas emissions from municipal operations; and 2. Publish an annual Inventory and report community -scale greenhouse gas emissions t+at outlifies thecity's at least once every 5 years; and 3 Update the city's Climate Action Plan including greenhouse gas reduction targets and climate adaptation goals at least once every 5 years rr n do pian initi 4:,,,_.. C. Scope and Applicability. This voluntary program applies to all lands private and public within the city and the city -owned well fields. The scope of its application shall be for development, approvals and building permits submitted for the voluntary green building program. Such plans and approvals shall be reviewed for compliance with the appropriate parts of the adopted city's Comprehensive Plan and the land development regulations in addition to the of the Green Building Standards Pfegrafa-detailed in Section E below. _D Green BuildinelSustainable Community Fund. There is established a fund designated as the Green Building/Sustainable Community Fund, herein referred to as "Fund," separate from the General Fund of the City of Boynton Beach All additional monies obtained in connection with the Green Building Fee (.raboafa_aph " be! e ", Subsection E below shall be deposited into the Fund without regard to fiscal year limitations and used solely to pay the cost of operating and maintaining the Fund for the purposes contained in this subsection. All funds interest and other amounts deposited into the Fund shall not be transferred or revert to the General Fund of the city at the end of any fiscal year or at any other time, but shall continually be available for the uses and purposes set forth in this section.The r'^^a"a" be ma__'^"•1.y5Jhe fund shall be used for initiatives that promote green building practices and enhance the sustainability of the Boynton Beach community, which may include the following: ( I ) Incentive funding for green building certification of private buildings as described in Subsection G below 2 10 10 10 11 11 11 11 11 121 122 124 125 271 1129 130 131 132 133 1134 135 136 137 (2) Incentive funding for energy efficiency, water efficiency. and renewable energy in private buildings (3) Expansion of electric vehicle (EV) infrastructure. bicycle/pedestrian facilities, or transit options for community use (4) Incentive funding for private -sector recycling composting, or waste -reduction activities (5) Development of green infrastructure including canopy trees, living shorelines, green roofs green walls vertical gardens, bioswales, or rain gardens (6) Education training and outreach to the public and private sectors on green building water conservation energy efficiency, renewable energy, climate chane flood mitigation green infrastructure sustainable transportation, or waste reduction. �7 0 e6sts T -1✓[ V llA V LI IL EJuy n }q+ Qen +;-Rdi fe ,bl: ,d_ buildings or-evided he e _ eiudin uago Fff4eienQ 43 'at r-Cansef r n Revel. ine Loan f- „,.J. rn a.e. . harp:_ c�r�v�re _E ---e Green Building Fee, A Green Building Fee, herein referred to as "Fee" is established to fund the implementation of this program and the Fund. Current fee schedules shall be maintained and available to the public in the Development Department. Fees shall be paid at the time each type of building construction permit is issued according to the fee schedule approved by the City Commission The Green Building Fee associated with the Green Building Program is subject to amendment by resolution of the City Commission. F. Green Building Standards To participate in this program and receive the buildings that are certified by sustainable building rating system or a national model green building code Eligible certifications include those provided by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEER) rating system the International Green Construction Code (IGCC) the Green Building Initiative's Green Globes rating system the Florida Green Building -Coalition standards or another recognized certification program that is approved by the city and complies with the Florida Building Code. G. Incentives. The city shall provide the following incentives to encourage the use of this program and are hereby authorized: 1. Expedited Permitting. For any voluntary program participant, the city shall provide expedited review in accordance with Chapter 2. Article I, Section 4 above as approved in Ordinance 09-024. All such applications for expedited review shall be accompanied by the appropriate forms, evidence of a completed green building certification application according to the requirements of the certifying entity, and proof of payment of the application fee 14 14 14 14 14 14 15 WO 71 72 73 751 1177 !178 1179 118() 1.81 1182 183 required to process the application for certification. A city staff member shall be designated as project manager and shall work in close contact with the applicant and certifying agent. The project manager shall oversee the expedited review of the project once formal plans have been prepared and submitted to the city. 2. gees -ate Tax and Financial Incentives. — a. PuFpese and intent. Within ane ffe-d- ee;ghty 180) days of the effeetive date. e this pr-agmm, the ek), shall establish an ineentive pregFaFa to pr-omate @arly adoption of gfeen buildings Fegulated by this eade. A-11 W W14 the eity and/of the Boynton Beach CommuRi-I ment Ageney shallb Building PFOgfaffl. 441 n _ nd. n !r Ow R*4 "blaily be avai'ahl -rose o..:I. iHtr D ,,..,... , 5 !vin, ine;ludin# iwleill 10t;e-i-red to as in PF@t / �\.., 1 ' _ L'. ,J: C, �4'{':� 1 ,t-, � .1'+',. rta Axa -rte•, ^D n n a Green Building Certification Grant. The cit shall hall provide small grants to help defray the costs associated with obtaining green building certification. The Mgrants pFoeFam shall be €ffWtdpaid through by f ds deye,� the GFeen BuildipeSustainability Fund (described in Section 2 above) subject to the availability of funds. Grant amounts will be based on the level of certification achieved (e.g. bronze silver, gold, platinum) from an 4 184 eligible green building certifying entitTh_e grant will be paid as a reimbursement upon 185 receipt of a copy of the certification achieved. Certification must be received within 180 dUss 186 of the Certificate of Occupancy issue date. Current grant amounts shall be maintained and 187 made available to the public by the City's Sustainability Coordinator. 188 b. Property Tax Incentive. The city anEVer- the Boynton Bey -eh 18 may establish a property tax incentive for qualifying _rg een 19 building projects. Property tax incentives shall be incorporated into a developers' au"reement 191 and shall require proof of certification according to the Green Building Standards outlined 192 above. 193 19 195developer's 19 . 197 3. Signage. The city shall allow the following bonuses to the currently allowed signage 198 regulations: 199 a. One (1) additional temporary construction sign may be installed that notes that "This 200 project is a City of Boynton Beach Green Building Project by [Company Name]." This 201 additional temporary construction sign must meet the standard dimensional requirements as 202 set forth in Chapter 4, Article IV, Section 4.B.3. 203 b. The notation "City of Boynton Beach Green Building Project" may be added on the 204 project entry monument signage. The additional sign area to include the city approved 205 notation letters and logo shall be a maximum of four (4) inches high by forty-two (42) inches 206 wide. Additional sign area greater than that allowed by the land development regulations shall 207 be permitted for this notation only. 208 4. Marketing. For any program participant, the city shall provide the following 209 marketing incentives, including but not limited to: 210 a. The inclusion of program participants on a webpage dedicated to the program; (211 b. 212 .,,, er-tisements Per 6:,...",.ao ; �Recognition at a City Commission meeting; and 213 c. Press releases. 214 215 216 " te be awaFded aiinually by the eity to one (1) 217 218 H€. Certification Verification. The applicant shall provide documentation to the city 219 verifying the authenticity of a project's green certification by a qualified third party as 220 oudined described in the Green Building Pr-agf i Standards. The pfagfafn shall be subjeet to 221 222 IP. Education and Training. The city, in conjunction with the ICC, FGBC, USGBC, GBI 223 or other state or nationally recognized high-performance green building rating system, may 224 conduct training workshops for the purpose of educating potential or current program 225 participants about the program. 226 1. The city will attempt to make available a meeting space at a government facility for 227 green building programs offered by organizations that are of a general nature (not product 228 specific). Organizations shall contact the facility's staff to make arrangements. 5 22S 23C 231 232 23? 234 235 23E 237 238 239 240 241 24 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 2. Development Department staff shall be encouraged to attend at least eight (8) hours of green building training annually. Section 3. Codification. It is the intention of the City Commission of the City of Boynton Beach, that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be renumbered, re -lettered and the word "Ordinance" may be changed to "Section," 'Article" or other word or phrase in order to accomplish such intention. Section 4. Conflicts. All Ordinances or parts of Ordinances, Resolutions or parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 5. Severability. Should any section, provision, paragraph, sentence, clause of word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall not affect the validity of the remaining portions or applications of this Ordinance. 2019. Section 6. Effective Date. This Ordinance shall become effective on upon adoption. FIRST READING this _day of /f� , l ►- �r 1 , 2019. SECOND, FINAL READING AND PASSAGE this 19 day of MARCH CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B Grant Vice Mayor — Justin Katz Comissioner — Mack McCray Commissioner — Christina L Romelus Commissioner — Ty Penserga ATTEST: Judit7hA. Pyle, CMC Cit y clerk v (Corporate Seal) VOTE YES NO F -0