(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
GREEN GLOBES™ RATING. The most recent version of the online audit system for building owners and managers to measure energy, indoor health, and environmental performance against best practice standards approved by the Green Building Initiative in effect at the time the application for a tax credit is submitted.
LEED®. Leadership in Energy and Environmental Design Green Building Rating System™.
LEED® RATING SYSTEM. The most recent version of the Leadership in Energy and Environmental Design Green Building Rating System™ approved by the United States Green Building Council in effect at the time of application for a tax credit.
SUSTAINABLE BUILDING. Building or construction which integrates building materials and methods that promote environmental quality, economic vitality, and social benefit through design, construction, and operation of the building environment; merging sound, environmentally responsible practices into one discipline that considers the environmental, economic, and social effects of a building or project as a whole; encompassing efficient management of energy and protection of health and indoor environmental quality, reinforcement of natural systems, and the integration of design methods.
(2004 Code, § 209-41)
(B) Eligibility and amount of credit.
(1) A property tax credit granted under this section may only be granted to a property that is principally used for business, commercial, or industrial purposes.
(2) A property tax credit granted under this section may only be granted for taxes levied on real property within the county.
(3) A property tax credit may only be granted for improvements made to a property where the improvements meet the minimum LEED® Rating of Silver or the minimum Green Globes™ Rating of two Green Globes™, or a county recognized or adopted equivalent standard where improvements are certified after May 5, 2009.
(4) LEED® registration and certification through the United States Green Building Council, Green Globes™ certification through the Green Building Initiative, or certification under a county recognized equivalent program is required under this section for eligibility.
(5) Upon receipt of certification, the county shall make the final authorization that would make the project eligible for a tax credit.
(6) A 25% tax credit is available for a LEED® Silver or equivalent; a 50% tax credit is available for a LEED® Gold or equivalent, and a 75% credit is available for a LEED® Platinum or equivalent for a period of five consecutive years.
(7) The tax credit shall be calculated and credited based on the improved portion only of the real property tax levied by the county annually that has earned the applicable rating standard or certification.
(2004 Code, § 209-42)
(C) Administration. This section shall be administered by the Department of Economic Development, Department of Management and Budget, Department of the Comptroller, and Department of Planning, Land Use, and Development, or their successor agencies. Further, the Departments are hereby authorized to promulgate any necessary rules and regulations that may be required to administer this tax credit.
(2004 Code, § 209-43)
(D) Applications.
(1) All applications for the tax credit administered under this section shall be submitted in a form approved by the county and signed by the property owner under oath and under penalty of perjury. All applications shall include recent photograph(s) of the property; a detailed description of the sustainable technologies utilized including sketches, digital or conceptual drawings; a description of how the project complies with the prerequisites and credits of the applicable sustainable or green building rating standards and documentation of certification required under division (B)(4) above. All applications for a tax credit under this section must be submitted on or before May 1 immediately before the first taxable year for which the tax credit is sought. If an application is filed after May 1, the credit shall be disallowed for that year but shall be treated as an application for a tax credit for the next succeeding taxable year.
(2) A person who knowingly submits a false or fraudulent application, or withholds information, to obtain a tax credit under this section must repay the county for all amounts credited and all accrued interest and penalties that would apply to those amounts as delinquent taxes and, in addition, is subject to all fines and other penalties as may be provided by law. The county may enforce this section by voiding the credit, reinstating the tax liability, and collecting the outstanding taxes as regular taxes due and owing the county. A person who violates this section is liable for any court costs or expenses of the county in any civil action brought by the county against the violator if necessary.
(2004 Code, § 209-44)
(Ord. 09-03, passed 4-30-2009)
Editor’s note:
The provisions in this section shall sunset on June 30, 2014 and no new credits will be granted after this date; however, any existing credits will continue through completion.