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