§ 305-50. Sustainable building practices; voluntary green building/development program.

(A)

Overview. The CRA green building/development program is a voluntary program that developers may choose to participate in, for which incentives outlined in this section shall be awarded. Development incentive credit for sustainable ("green") building practices be awarded based upon qualifying site design, construction and possibly, as applicable, operational practices.

(B)

Green building; green building practices. Green building practices refers to building and building site design, materials and construction techniques that minimize demand for nonrenewable material and energy resources, water consumption, and minimize the generation of waste products, pollution, and stormwater runoff. Green building practices are generally consistent with the techniques used to achieve certification of construction and development through third-party green building and development certification programs including the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED), the Florida Green Building Coalition, and Florida Green Lodging.

(C)

Rating organizations. This program awards credits based on selected third-party green building/development certification programs, including, but not limited to, the Florida Green Building Coalition, Florida Green Lodging, and U.S. Green Building Council Leadership in Energy and Environmental Design (LEED).

(D)

Approval of established third-party standards. Applicants seeking to participate in the voluntary green building/development program are required to schedule a preliminary development application meeting with the community development director. At the preliminary development application meeting, the applicant shall identify the third-party green building/development standards proposed to be incorporated in the project design and implementation, and provide a copy of the standards to city staff the community development director for review. If the standards of a third-party certification program other than those listed in [subsection] (B) are proposed, the city staff [and] the community development director will review the standards of the rating organization certification program intended to be used by the applicant and notify the applicant if the proposed program and standards are accepted or rejected for the voluntary green building/development program.

(E)

Review process and certification options. Applicants seeking to participate in the voluntary green building/development program must choose to either:

(1)

Formally apply for third-party certification with a selected third-party green building/ development rating organization approved by the community development director, which includes meeting all the submittal, application and fee requirements for the selected third party certification; or

(2)

As an alternative to formal application for third-party organization certification the applicant may participate in the city's cost-recovery green building/development review process. The community development director shall review and verify the third-party green building/development standards proposed to be incorporated in the project design and implementation. The applicant shall document compliance with all of the third-party certification criteria to the satisfaction of the community development director.

(F)

Minimum submittal requirements for applying for voluntary green building or development program/receipt of incentives. Site development plan submittal requirements to participate in the voluntary green building/development program shall include the following:

(1)

Documentation that the applicant has participated in the preliminary development application meeting and has received approval from the community development director to utilize the third party green building/development standards used in the site development plan submittal.

(2)

Written statement identifying the review option selected by the applicant (demonstration of formal third-party certification of the project, or community development director verification of project compliance with third-party green building/development standards through cost-recovery based review).

(3)

A completed residential green development/building checklist, with a narrative explanation of how the green building measure is being incorporated.

(4)

The city shall require that the proposal exceed the number of points necessary for incentive credit under this section by a margin to be established administratively for each third-party certification program. The intent is to ensure certification as best possible in the event that a given green measure fails to qualify after construction is completed.

(5)

A notarized affidavit from the project architect demonstrating that the approved green building measures have been incorporated into the project plans.

(6)

Project site and engineering plans that clearly detail all green building measures which are intended to qualify for incentives.

(7)

A notarized affidavit certifying that a green building expert professional certified or accredited by a third-party green building and development rating organization deemed acceptable by the community development director is a part of the development team and shall remain part of the project team throughout its duration (i.e., from the design stage through final building inspection/issuance of certificate of occupancy).

(G)

Incentives.

(1)

Developments that meet all of the criteria for certification under a third-party program, in accordance with [subsection] (D) above, plus the additional point margin to be established administratively by the city, shall be awarded four (4) stories and twenty-eight (28) du/ac as a bonus, subject to the maximum height and density limitations of the applicable district, as well as a five (5) percent impervious area bonus.

(2)

Developments that qualify for at least one-half (½) of the total number of points required for third-party certification pursuant to subsection (E)(2), plus the additional point margin to be established administratively by the city, shall be awarded two (2) stories and fourteen (14) du/ac as a bonus, subject to the maximum height and density limitations of the applicable district.

(H)

Performance bond. Participants in the voluntary green building program, prior to issuance of a Certificate of Occupancy, shall post a performance bond, letter of credit or other form of surety approved by the city attorney.

(1)

The amount of the required performance bond, letter of credit or other approved form of surety shall be calculated as follows for projects seeking the incentive bonus for meeting third-party certification requirements:

(a)

Four (4) percent of the total cost of construction for a development of less than one hundred thousand (100,000) square feet of building area.

(b)

Three (3) percent of the total cost of construction for a development of up to two hundred thousand (200,000) square feet of building.

(c)

Two (2) percent of the total cost of construction for any building greater than two hundred thousand (200,000) square feet.

(2)

The amount of the required performance bond for projects seeking an incentive bonus for earning at least one-half of the points needed for third-party certification shall be one-half (½) of the bond amount required in paragraph (1).

(3)

In the event the completed development does not achieve the third-party certification or the number of points for which the incentive bonus was based, a portion of the surety shall be forfeited in an amount equal to the percentage of the required third-party point total not earned. However, if the development does not qualify for at least ninety (90) percent of the number of points required to earn the bonus, the entire bond amount shall be forfeited.

(4)

The city may call on the performance bond if:

(a)

The third-party certification is not achieved within one (1) year of the city issuance of the certificate of occupancy for the building; or

(b)

In the case of city verification of credits in accordance with paragraph (G)(2), if the community development director determines that the development does not qualify for the credits upon which the incentive bonus is based within one (1) year of the city issuance of the certificate of occupancy for the building. Funds that become available to the city from the forfeiture of all or part of the surety shall be placed in the sustainable development fund established by the city, which shall be used to fund sustainable and energy-efficient city-initiated capital projects including, but not limited to, water-efficient landscaping, open space acquisition and improvements, traffic calming, public transportation-related improvements, pollution mitigation, sustainability improvements to public facilities, or similar improvements as deemed appropriate by the city commission.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2016-021, § 4, 10-10-16)