Green Building Ordinance Draft, rev. 2

Below is the most recent draft of Jacksonville's Sustainable Building Ordinance. See the post below this for details on the next public forum in January:


In the Public workshop, there was a request for a periodic review and update of this ordinance to stay current with Local, State and National priorities and technologies. I am unsure where or how to incorporate this. The EPB, at the December meeting, verbally agreed with this concept of periodic review and update.

Introduced by Council President at the request of the Mayor:

ORDINANCE 2007-
AN ORDINANCECREATING A NEW CHAPTER ___, ORDINANCE CODE, ESTABLISHING A SUSTAINABLE BUILDING PROGRAM FOR THE CITY OF JACKSONVILLE; SETTING FORTH INTENT, APPLICABILITY, DEFINITIONS, STANDARDS, AND INCENTIVES FOR PROGRAM; CREATING A TEMPORARY SUSTAINABLE BUILDING CERTIFICATION REFUND GRANT PROGRAM; APPROPRIATING $100,000 FROM THE ENVIRONMENTAL PROTECTION TRUST FUND FOR THE GRANT PROGRAM; PROVIDING AN EFFECTIVE DATE.

WHEREAS, sustainable development helps balance the expansion of the City and preservation of our quality of life; and
WHEREAS, Jacksonville has demonstrated its commitment and leadership through the Green Homes Initiative; and
WHEREAS, architects, developers, builders and owners are voluntarily making the commitment to design and construct sustainable buildings and homes in Duval County; and
WHEREAS, Jacksonville commits to high performance building practices that protect the quality of our air, water and other natural resources; provide employees, the public and the owners with safe and healthy indoor and outdoor environments, reducing developments impact on our God-given environment: and
WHEREAS, the Florida Green Building Coalition has developed voluntary programs for the development and operation of sustainable commercial, residential buildings and planned use developments; and
WHEREAS, the U.S. Green Buildings Council has developed the Leadership in Energy and Environmental Design rating systems for new and renovated commercial buildings, and new residential buildings and developments; and
WHEREAS, standards adopted for the Sustainable Building Program will advance the Jacksonville Green Homes Program, the Environmental Protection Agency Energy Star Program, the Water Management District Florida Water Star Program, and other programs advancing the goals of the Jacksonville Sustainable Building Program; now therefore
BE IT ORDAINED by the Council of the City of Jacksonville:

Section 1. Creation of New Chapter ____, SUSTAINABLE BUILDING PROGRAM. There is hereby created a new Chapter ____, Ordinance Code, entitled SUSTAINABLE BUILDING PROGRAM, to read as follows:
CHAPTER ____. SUSTAINABLE BUILDING PROGRAM

Section ___.101. Intent.
It is the intent of the Council in creating this Sustainable Building program to demonstrate a substantial commitment on the part of the City to finance, plan, design, construct, manage, renovate, commission, maintain and deconstruct County Buildings with sustainable building standards and to support development of privately owned buildings in Jacksonville to sustainable standards. The purpose of this program is to provide the City with a certification-based "Sustainable building" program to promote sustainable and environmentally friendly practices of design, construction, commissioning, maintenance and retirement for buildings.

Section ___.102. Applicability.
(a) All new civic or office construction projects owned by the City, including its independent agencies or authorities, will follow the requirements of this Chapter, unless the Council makes a determination that the costs of compliance with this Chapter significantly outweigh the benefits to the City of compliance. All new City-owned civic or office construction projects shall, at a minimum, obtain LEED certification for any buildings in the project. An exception to the requirements of this Ordinance shall be considered by Council for any project with a return on investment of less than 10% of the total capital cost of the proposed project.
(b) All modifications to existing City-owned buildings where the total renovations includes more than 50% of the total building square footage will follow the requirements of this Chapter.
(c) For all other construction projects, including all private construction projects, compliance with this Chapter is voluntary.

Section ___.103. Definitions.
For purposes of this Chapter, the following terms, words and phrases shall have the following meanings:
FGBC means the Florida Green Building Coalition.
FSEC means Florida Solar Energy Center, a unit of the University of Central Florida.
GHDS means the Green Home Designation Standard of the Florida Green Building Coalition.
Sustainable building means generally the resource efficient design, construction, and operation of buildings by employing environmentally sensible construction practices, systems, and materials. Sustainable building also means an office, residential or civic structure which has obtained LEED certification.
LEED means the Leadership in Energy and Environmental Design Rating System of the U.S. Green Building Council. Program certification means the final designation awarded to a program participant for satisfying all requirements associated with the program for a particular project.
Third party rater means an independent third party certified by the USGBC as a Sustainable building rater qualified to verify that the building project has satisfied all of the requirements associated with the standards applicable to a particular project.
USGBC means the U.S. Green Building Council.

Sec. _____.104. Administration.
(a) The Public Works Department Engineering and Construction Management Division is responsible to ensure compliance with applicable requirements of this Chapter in the construction of new City-owned civic and office buildings. The Engineering and Construction Management Division is also responsible for reviewing, assessing and making recommendations concerning existing City owned buildings being considered for participation in the Sustainable Building Program and, in the event such buildings are so included, for ensuring compliance with the requirements of this Chapter.
(b) The Environmental Protection Board shall review and approve requests for Sustainable Building Certification Refund Grants pursuant to section ___.107. The Environmental Protection Board shall also hear appeals from persons or entities denied access to future fast track development review pursuant to section ___.106(a).
(d) The Environmental Quality Department shall, in cooperation with the FSEC and others, coordinate at least one training workshop per year for the purpose of educating current and potential participants and City Staff in the Jacksonville Sustainable Building Program on the program and its benefits and requirements. Annual training shall be funded from the Environmental Protection Fund.
(e) The Planning and Development Department shall provide fast track development review pursuant to section ___.106(a).
(F) The Sustainable Building Program shall be administered on either a per-unit or per-development basis, as specified at the time of permitting. "Per-unit" means each unit built, except that any multi-family dwelling or similarly clustered structure may count as one unit. “Per-development” means each Planned Use Development, subdivision, or business park.

Sec. _____.105. Standards.
Published LEED standards of the USGBC shall be used to measure compliance of buildings participating in the Sustainable Building Program.

Sec. _____.106. Incentives.
The incentives contained in this section are intended to encourage the construction of Sustainable buildings. For any program participant seeking program certification for new residential or commercial construction, residential or commercial retrofitting/remodeling or new City-owned civic or office construction, the following incentives shall be made available:
(a) Fast track development review:
(1) Development Services, including “10-set” and Concurrency Management, Land Use Change and Construction permit applications submitted or resubmitted for review for Sustainable Building projects shall be given priority over projects which are not Sustainable Building projects by all City departments reviewing such applications.
(2) Applications for administrative deviations pursuant to section 656.109, when submitted to facilitate Sustainable Building program certification, shall be given priority over other applications which are not Sustainable Building projects, to the extent possible consistent with the time requirements of section 656.109.
(3) Applications for plat approval pursuant to Chapter 654 shall be given priority over other applications provided the developer records on the public records of Duval County covenants or other restrictions sufficient to require that all homes in the subdivision will be constructed so as to qualify for LEED certification.
(4) Requests for relief from the requirements of section 656.607(i), when submitted to facilitate Sustainable Building program certification, shall be liberally construed to promote such certification.
(5) Applicants who obtain priority status pursuant to this section shall provide proof of LEED certification to __________________ within 180 days of construction completion as defined by Occupancy Permit issue date. Applicants who obtain priority status but fail to obtain program certification may be will be subject to disciplinary action by the City of Jacksonville Environmental Protection Board under the provisions of Sec._____._____ of the City Code.. Any person or entity so denied priority status may appeal such determination to the Environmental Protection Board. Eligibility for priority status may also be restored upon proof of LEED certification of a building permitted through regular review after denial of priority status.
(b) Designation: The Environmental Quality Division shall coordinate a program of recognition, on the internet or through other additional means, identifying permitted construction as a Sustainable building project with benefits to the community and the environment.
(c) Refund of certification expenses: Subject to, and within the limits of, funds appropriated by the Council for the purposes set forth in this subsection, owners or developers of Sustainable Building projects may receive a refund of the actual costs of Sustainable Building program certification pursuant to section ___.107.

Sec. ___.107. Sustainable Building Certification Refund Grant Program.
(a) Creation and Purpose. There is hereby created a Sustainable Building Certification Refund Grant Program. The purpose of the program is to establish a temporary source of funds to be used to create an incentive to achieve Sustainable Building program certification through refunds of the actual cost of such certification. The program is intended to be a start-up program to encourage initial participation in the Sustainable Building program and shall terminate upon disbursal of any funds appropriated by the Council for this grant program.
(b) Responsibility. The grant program established by this section shall be administered through the Environmental Protection Board, which shall review and approve disbursements from such funds as may be appropriated by the Council for this program.
(c) Application for certification refund grants. Property owners desiring to participate in this grant program shall submit an application to the Environmental Protection Board on a form prescribed by that Board or its staff. Application shall be made following certification of Sustainable Building status and shall be accompanied by proof of certification and evidence of the actual costs associated with obtaining such certification. Certification shall be made by an independent third party rater that the owner has received LEED Sustainable building program certification for the buildings that are the subject of the application. Grants pursuant to this program shall be made by the Environmental Protection Board and shall be for reimbursement of actual cost of obtaining certification, which costs may include fees for application and inspection for LEED certification, but shall not include cost of any construction necessary to achieve LEED certification or permitting or other fess associated with such construction. Grants made pursuant to this program shall me limited to the following amounts:
Certification Level Maximum Amount per Building
LEED Certification $500
LEED Silver $1000
LEED Gold $1500
LEED Platinum $2000
Section 2. Appropriation. For the 2007-2008 fiscal year, within the City’s budget, there are hereby appropriated the indicated sum(s) from the account(s) listed in subsection (a) to the account(s) listed in subsection (b):
(B.T. ______ attached hereto as Exhibit 1 and incorporated herein by this reference)
(a) Appropriated from:
See B.T. ______ $100,000.00
(b) Appropriated to:
See B.T. ______ $100,000.00
Section 3. Purpose. The purpose of the appropriation in Section 1 is to provide funding for a Sustainable Building Certification Refund Grant Program established by Sec. ___.107, Ordinance Code, which program is temporary in nature and intended to create incentives to achieve Sustainable Building program certification as provided in Chapter ___, Ordinance Code.
Section 4. Carryover. The funds appropriated in this ordinance shall not lapse but shall carryover to fiscal year 2008-2009.
Section 5. Waiver. Section 111.755 (Environmental Protection Fund), subsection (f), Ordinance Code, is hereby waived so as to allow the use of the Environmental Protection Board Trust Fund for the purposes set forth in Section 3, notwithstanding the existing limitations on use of the funds.
Section 6. Effective Date. This Ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor's signature.
Form Approved:

__________________________________________
Office of General Counsel
Legislation Prepared By: Tracey I. Arpen, Jr.