(A) New construction of, and a major renovation to, a stand-alone building (other than a single-family detached dwelling or duplex) with more than 20,000 square feet of total floor area shall be certified under the latest applicable version of the LEED Green Building Rating System of the USGBC, certified by the FGBC or under another recognized certification program approved by the City Manager or his or her designee and shall comply with the Florida Building Code.
(B) The requirement of certification may be waived by the Planning and Development Board if the developer/owner/contractor demonstrates that compliance with the requirement would create an unreasonable burden on the construction project, would have a negative impact on a historic structure, or would defeat the intent of certification. Any request for a certification waiver must set forth documentary evidence to substantiate the aforementioned elements for non-compliance with the requirement have been met. A waiver request must be submitted at least 30 days prior to building permit application. In addition, the developer/owner/contractor must demonstrate that it has reasonably maximized the number of green building practices included in the development. The Planning and Development Board shall review the waiver request.
(C) If the developer/owner/contractor wishes to exceed the basic certification requirements, the following incentives shall be granted by the city:
(1) Priority site plan review, building plans review, and building permit processing, which provides priority review and processing of the proposed project ahead of other non-green building projects.
(2) Reduction in required parking. The developer shall provide a parking analysis justifying the parking reduction and showing that the then current code requirements are excessive. This incentive will be granted only if the developer obtains a variance under the city's Zoning and Land Development Regulations and only to the extent of such variance. In no event shall the parking reduction be construed to affect Title VII of the Civil Rights Act of 1964, as amended, of the United States Code or Chapter 760, Florida Statutes.
(3) Increased residential density by one unit per acre, but such increase shall not exceed the density allowed under the Future Land Use Element of the city's Comprehensive Plan unless flexibility units are applied. This incentive will require City Commission approval.
(4) Technical assistance by city staff on issues related to certification.
(D) Upon filing a building permit application for a large development, the developer/owner/contractor shall provide the city with proof of filing an application at least 30 days prior to seeking green certification with a city-recognized certification program. A building permit application shall not be accepted in the absence of the required proof of filing.
(E) Prior to the issuance of a certificate of occupancy for a large development, the developer/owner/contractor shall provide the city with a performance bond, cash or irrevocable letter of credit payment in the amount of 1% of the master building permit construction cost value for the development or $200,000; whichever is less. The city will hold the payment for the time necessary for the green certification to be issued or 18 months; whichever is less. A single extension of 12 months may be granted by the Building Director for good cause shown.
If the green certification is achieved, the developer/owner/contractor shall furnish proof of certification to the Building Department. Upon providing such documentation, the bond, cash or irrevocable letter of credit payment will be released to the developer/owner/contractor. If the green certification is not achieved, but the developer/owner/contractor has obtained at least 85% of the credits or points required for certification, a portion of the bond, cash or irrevocable letter of credit payment shall be forfeited to the city based upon the following formula: credits or points remaining for certification/credits or points required for certification multiplied by the amount of full bond, cash or irrevocable letter of credit payment to total the amount forfeited. If a developer/owner/contractor fails to obtain at least 85% of the credits or points required for certification, the entire amount of the bond, cash or irrevocable letter of credit payment shall be forfeited to the city. Any proceeds from the forfeiture of the bonds, cash, or irrevocable letter of credit payment under this section shall be allocated toward providing green building incentives through a program developed by the City Manager or his or her designee.
(Ord. O-2011-06, passed 2-16-11; Am. Ord. O-2015-06, passed 5-6-15)