Sec. 4. Expedited Development Review Program.

   A.   Applicability. Projects eligible for expedited processing are described below. Application types to be expedited include site plans (and corresponding applications including land use amendment and rezoning), plat, building permit, as well as inspection processes.

      1.   Eligible Uses. New and expanding establishments in the following industry categories are eligible for expedited processing:

         a.   Bioscience;

         b.   Medical or pharmaceutical research and development;

         c.   Aviation/aerospace/engineering;

         d.   Communications;

         e.   Information technology;

         f.   Business and financial services (non-retail);

         g.   Manufacturing, fabrication and processing; and

         h.   Education related to the above industry clusters.

      2.   Economic Development. Projects sanctioned by the State of Florida or other recognized economic development organization (Florida Office of Tourism, Trade and Economic Development (OTTED), Enterprise Florida, or Business Development Board of Palm Beach County).

      3.   Affordable and Workforce Housing. Residential developments that provide affordable housing and/or workforce housing units.

      4.   Sustainable Development. Projects must be registered with a nationally recognized green certification agency, including but not limited to:

         a.   USGBC – United States Green Building Council;

         b.   FGBC – Florida Green Building Coalition;

         c.   Green Globes; and

         d.   NAHB – National Association of Home Builders, National Green Building Standard.

      5.   Mixed-use development.

         a.   Development applications for mixed-use development within the City’s Community Redevelopment Area (CRA). Eligible projects must involve the MU-1, MU-2, MU-3, MU- 4, or MU-Core zoning district, include a site plan application, and contain a commercial component; and

         b.   Development applications for mixed-use development located outside the City’s CRA. Eligible projects must also be zoned, or be the subject of rezoning to the Suburban Mixed Use Zoning District, or be located with the Quantum Park Planned Industrial Development District, contain a commercial component, include a site plan, and include a minimum of five (5) acres of land.

   B.   Benefits of Program. Entities that have been accepted into the expedited permitting program shall receive the following benefits:

      1.   Point of Contact. The City Manager, or designee, shall appoint a single point of contact at the city who shall have the responsibility of assisting the applicant throughout the development application and permitting process;

      2.   Timetable. The Planning and Zoning Division, Building Division, Engineering Division of Public Works, and other applicable city departments shall establish the necessary steps required for project approval and permitting in a pre-application meeting and subsequently, within three (3) business days, prepare an optimal timetable for the project's completion of the development and application review process;

      3.   Priority Review. The project shall receive priority at every phase of the review process by city staff, including face-to-face meetings as needed. However, public hearings are subject to the availability of the relevant board and the decisions of such boards are not guaranteed to be made immediately. Therefore, to the extent possible, public hearing scheduling shall be expedited if applicable to a particular development application;

      4.   Comments. Comments relative to review by the 1) Planning and Zoning Division Planning; and 2) Building Division shall be provided to the applicant within seven (7) business days of the submission of a completed development application. The city and the applicant shall make a mutual commitment to provide all other development and permit application review comments and corresponding revisions thereto in a thorough and timely manner;

      5.   Building Permits.

         a.   Permits Issued on Basis of Affidavit. Consistent with the Florida Building Code, local administrative amendments and F.S. § 553.791, the applicant may be responsible for private plans review and inspections with the filing of a sworn affidavit from a registered architect or engineer affirming conformance of plans to all applicable technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement, strength, stresses, strains, loads and stability. However, for projects located within special flood hazard areas, this benefit shall not apply to flood load and flood resistance construction requirements of the Florida Building Code.

         b.   Fee Payment Schedule Agreement. The applicant will be eligible to propose a schedule for the timing of fee payments, to include permit fees and local impact fees, tailored to meet the financial and scheduling needs of the project. Certain legal limitations may apply, and this provision supersedes any conflicting regulation, or operational policy.

      6.   Conflict Resolution. Should any issues arise at any point during the development application review and permitting process, the city will use the most expeditious means to resolve the issue. A face to face meeting between city staff and the applicant's representatives, if necessary, shall be scheduled within three (3) business days of the applicant's notification of the issues.

(Ord. 10-025, passed 12-7-10; Am. Ord. 19-025, § 2, passed 8-20-19)

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 sustainability, the city shall comply with a sustainable building rating system or a national model green building code 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.   Inventory and report community-scale greenhouse gas emissions at least once every five (5) years; and

   3.   Update the city’s Climate Action Plan including greenhouse gas reduction targets and climate adaptation goals at least once every five (5) years.

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 Green Building Standards detailed in Section E. below.

D.   Green Building/Sustainable 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 (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 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:

   1.   Incentive funding for green building certification of private buildings as described in Subsection G below.

   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 change, flood mitigation, green infrastructure, sustainable transportation, or waste reduction.

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 incentives described herein, private builders and developers shall voluntarily construct buildings that are certified by a 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 (LEED) 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 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.   Tax and Financial Incentives.

      a.   Green Building Certification Grant. The city shall provide small grants to help defray the costs associated with obtaining green building certification. The grants shall be paid through the Sustainability 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 eligible green building certifying entity. The grant will be paid as a reimbursement upon receipt of a copy of the certification achieved. Certification must be received within 180 days of the Certificate of Occupancy issue date. Current grant amounts shall be maintained and made available to the public by the City’s Sustainability Coordinator.

      b.   Property Tax Incentive. The city may establish a property tax incentive for qualifying green building projects. Property tax incentives shall be incorporated into a developers’ agreement and shall require proof of certification according to the Green Building Standards outlined above.

   3.   Signage. The city shall allow the following bonuses to the currently allowed signage regulations:

      a.   One (1) additional temporary construction sign may be installed that notes that "This project is a City of Boynton Beach Green Building Project by [Company Name]." This additional temporary construction sign must meet the standard dimensional requirements as set forth in Chapter 4, Article IV, Section 4.B.3.

      b.   The notation "City of Boynton Beach Green Building Project" may be added on the project entry monument signage. The additional sign area to include the city approved notation letters and logo shall be a maximum of four (4) inches high by forty-two (42) inches wide. Additional sign area greater than that allowed by the land development regulations shall be permitted for this notation only.

   4.   Marketing. For any program participant, the city shall provide the following marketing incentives, including but not limited to:

      a.   The inclusion of program participants on a webpage dedicated to the program;

      b.   Recognition at a City Commission meeting; and

      c.   Press releases.

H.   Certification Verification. The applicant shall provide documentation to the city verifying the authenticity of a project's green certification by a qualified third party as described in the Green Building Standards.

I.   Education and Training. The city, in conjunction with the ICC, FGBC, USGBC, GBI or other state or nationally recognized high-performance green building rating system, may conduct training workshops for the purpose of educating potential or current program participants about the program.

   1.   The city will attempt to make available a meeting space at a government facility for green building programs offered by organizations that are of a general nature (not product specific). Organizations shall contact the facility's staff to make arrangements.

   2.   Development Department staff shall be encouraged to attend at least eight (8) hours of green building training annually.

(Ord. 11-014, passed 4-27-11; Am. Ord. 15-020, passed 8-18-15; Am. Ord. 19-011, passed 3-19-19)

Sec. 6. Development Orders.

   The City Clerk or designee will record specific action by the Advisory Board and City Commission with respect to each staff comment or recommendation. The City Clerk shall also sign and witness the completed record of the proceedings which then becomes the official and final development order.

   For the purpose of the issuance of development orders and permits, the City of Boynton Beach has adopted level of service standards for public facilities and services which include roads, sanitary sewer, solid waste, drainage, potable water, and parks and recreation.

   Compliance with levels of service as stated in the Boynton Beach Comprehensive Plan is required. See Chapter 1, Article VI for additional regulations regarding the concurrency management system.

(Ord. 10-025, passed 12-7-10; Am. Ord. 11-014, passed 4-27-11)

Sec. 7. Revocation of a Development Approval.

   Unless described otherwise in this article, the following procedures shall outline the revocation of a development approval:

   A.   Initiation. The Director of Planning and Zoning shall investigate alleged violations of imposed condition or conditions. The Director of Planning and Zoning shall determine whether or not to terminate or suspend a development approval. If the Director of Planning and Zoning determines that a termination, or suspension, of a development approval is appropriate, a recommendation, including the reason or reasons for their determination, shall be made to the City Commission who shall conduct a public hearing on the matter.

   B.   Grounds for Revocation. The following are grounds for revocation of a development approval:

      1.   Misleading Information. The intentional provision of materially misleading information by the applicant (the provision of information is considered "intentional" where the applicant was aware of the inaccuracies or could have discovered the inaccuracies with reasonable diligence); and

      2.   Noncompliance. The failure to correct any violation of any condition of a development approval within the time specified by the city and/or after notification from the city of violations of the development approval.

   C.   Notice and Public Hearing. Notice of the hearing shall be provided to the development approval holder at least ten (10) working days prior to the hearing. Such notice shall be in writing and delivered by personal service or certified mail and shall advise of the Director of Planning and Zoning's recommendation as well as the date and location of the hearing before the agency.

   D.   Decision and Notice. The agency shall prepare a development order approving, approving with conditions, or denying the Director of Planning and Zoning's recommendation. The development order shall contain findings that address the basis for condition or conditions that have been violated and the harm such violation has caused. In the case of suspension of the use, the development order shall state the length of time such violation can be cured. In the case of a termination, the development order shall state the reason such violation cannot be cured.

(Ord. 10-025, passed 12-7-10; Am. Ord. 11-014, passed 4-27-11)