An Ordinance of the City of Hallandale Beach, Florida Amending Chapter 8, Buildings

1 1 ORDINANCE NO. 2009- 2 3 AN ORDINANCE OF THE CITY OF HALLANDALE 4 BEACH, FLORIDA AMENDING CHAPTER 8, 5 BUILDINGS, CONSTRUCTION AND CONDOMINIUMS 6 BY CREATING SECTION 8-37 “HALLANDALE BEACH 7 GREEN BUILDING PROGRAM” AND AMENDING 8 CHAPTER 32, ZONING AND LAND DEVELOPMENT 9 CODE BY AMENDING SECTION 32-787, “SITE PLAN 10 REVIEW STANDARDS” PROVIDING FOR 11 SEVERABLITLY; PROVIDING FOR CONFLICTS, AND 12 PROVIDING FOR AN EFFECTIVE DATE 13 14 WHEREAS, on February 21, 2007, the City of Hallandale Beach 15 adopted Resolution 2007-10 in support of the U.S. Conference of Mayors’ 16 Climate Protection Agreement which encourages local governments to meet or 17 exceed the Kyoto Protocol targets for reducing global warming pollution through 18 sustainable and energy-efficient land development requirements; and 19 20 WHEREAS, “Green Building” refers to a resource efficient design, 21 construction, and operation of a building deemed by employing environmentally 22 sensible construction practices, systems, and materials; and 23 24 WHEREAS, Green Building design, construction, and operation 25 decisions can result in significant cost savings and environmental benefits to the 26 City and its residents over the life of a building; and 27 28 WHEREAS, it is critical to both the economic and environmental 29 health of Hallandale Beach for the City to provide leadership to the private and 30 public sectors in the arena of energy efficiency and green construction; and 31 32 WHEREAS, it is in the public interest to establish a green building 33 program to educate residents about the benefits of green building and provide 34 incentives for those who participate in the program. 35 36 NOW THEREFORE, BE IT ORDAINED BY THE CITY OF 37 HALLANDALE BEACH, FLORIDA: 38 39SECTION 1. That the City of Hallandale Beach Code of Ordinances shall be and is 40hereby amended to read as follows: 41 * * * 42Section 8-37. Hallandale Beach Green Building Program 43 (a) Intent and Purpose. 44The purpose of the Hallandale Beach Green Building Program is to provide the City with 45a certification-based green building program that promotes sustainable and

2 46environmentally sensitive design and construction practices in order to reduce the 47negative impacts of development on human health and the natural environment. 48Additionally, incorporating green building practices into a building’s design, construction 49and operation has proven to reduce operating costs, enhance building marketability and 50 increase worker productivity. As an added incentive, the Building Division will offer an 51expedited review process (at no additional cost to the standard rate) for any participant 52 in the Green Building Program. 53 54Section 8-38. Definitions. 55 (a) Energy Star. An international standard for energy efficient consumer products 56 created by the United States Environmental Protection Agency. 57 (b) FGBC. Florida Green Building Coalition 58 (c) Green Building . T he resource efficient design, construction, and operation of 59 buildings deemed by employing environmentally sensible construction practices, 60 systems, and materials. 61 (d) Green Building Program participant . Any permit application submitted to the 62 Building Division for new construction or renovation that will achieve a green 63 building certification from an organization accepted by the City’s Development 64 Services Department, and any installation permit for Energy Star-rated 65 appliances/fixtures. 66 (e) GHDS . Green Home Designation Standard of the FGBC. 67 (f) Green Globes. U.S. commercial/industrial building rating system of the GBI. 68 (g) GBI. Green Building Initiative 69 (h) LEED. Leadership in Energy and Environmental Design Rating System, Version 70 3.0, of the USGBC, any amendments thereto or subsequent versions. 71 (i) Major Development. Any new project consisting of 10 or more residential 72 dwelling units or 4,000 square feet or greater of nonresidential gross floor area. 73 (j) Major Renovation. The total cost of the renovation related to the building envelope or 74 the technical building systems is greater than 50 % of the assessed value of the building 75 or more than 50 % of the surface of the building envelope undergoes renovation; 76 (k) Minor Development. Any new project consisting of less than 10 residential 77 dwelling units or less than 4,000 square feet of nonresidential gross floor area.

3 2 ORD. NO. 2009- 78 (l) Program Certification. The final designation awarded to a program participant for 79 satisfying all requirements associated with a green building program for a 80 particular project. 81 (m) USGBC . U.S. Green Building Council. 82 83Section 8-39. Expedited Review Process 84 (a) The City’s Building Official shall expedite the permit review and approval 85 process of Green Building Program participants (at no additional cost) as 86 follows: 87 (1) New construction major development applications to be reviewed 88 within 15 business days from the date processed; 89 (2) Major renovation applications to be reviewed within 7 business days 90 from the date processed; 91 (3) New construction minor development applications to be reviewed 92 within 7 business days from the date processed. 93 94 In addition, any new Energy Star rated appliance/fixture requiring an 95 installation permit shall be reviewed within 3 days from the date processed. 96 (b) Any applicant requesting an expedited review shall submit the required Green 97 Building Program application to the Building Division. In making a 98 determination of whether a permit qualifies for an expedited review, the 99 Development Services Director or designee shall rely on the review, 100 evaluation, and registration or certification of the design by a recognized 101 environmental rating agency including, but not limited to, USGBC, FGBC, 102 GBI, or other organization accepted by the City’s Development Services 103 Department. 104 (c) Once a registered project commences construction, it shall complete all of the 105 requirements necessary to attain its certification prior to the Certificate of 106 Occupancy (CO). In the event certification cannot be achieved prior to the 107 issuance of a CO, the applicant may submit a written request to the 108 Development Services Director for an extension of time (up to 18 months) to 109 complete the certification requirements. Failing to complete all requirements 110 of certification in the time allotted shall result in the payment of all expedited 111 review fees by the applicant and/or owner of the development.

4 3 ORD. NO. 2009- 112 113 Section 8- 40 39. Education and Training. 114 (a) The City shall make available to the public a list of currently accepted green 115 building organizations and their certification program requirements. 116 (b) The City shall conduct at least one training workshop per year in order to 117 educate residents, property owners, and business owners about the City’s 118 Green Building Program and incentives available for Program participants. 119 * * * 120Chapter 32, The Zoning and Land Development Code shall be and is hereby amended 121to read as follows: 122 123Section 32-787. Site plan review standards. 124 * * * 125(j) Energy Conservation. All proposed development shall be designed in such a 126 manner as to promote maximum efficiency in the use of energy resource. The 127 following should be taken into consideration by the applicant wherever 128 feasible: 129 (1) Energy-saving site planning considerations, such as solar and prevailing 130 wind relationships and the use of vegetation; 131 (2) Energy-saving structural considerations, such as window sun screens, 132 automatic thermostats, and extra insulation; and 133 (3) The partial or full use of alternate energy sources. 134 (k) Green Building Program. In addition to Sec. 32-787(j)(1), the following 135 projects shall be required to obtain a green building certification from a 136 recognized environmental rating agency accepted by the City’s Development 137 Services Department (as outlined in Chapter 8, as amended from time to 138 time, of the City Code): 139 (1) New commercial building or major renovation projects greater than 140 50,000 gross square feet; 141 (2) New residential/hotel building or major renovation projects of 50 units 142 or greater; 143 (3) Any commercial, residential or mixed-use projects requiring the 144 allocation of flexibility or reserve units;

5 4 ORD. NO. 2009- 145 (4) Any new City owned and operated building construction project , 146 unless the City Commission determines that the cost (e.g. time, 147 function, or funding) associated with participating in the Green 148 Building Program significantly outweighs the benefits to the City ; and 149 (5) Any new major or minor development project requesting financial 150 assistance from the Community Redevelopment Agency. 151 152 * * * 153 SECTION 2 . That all ordinances or parts of ordinances inconsistent or in 154conflict with the provisions of this Ordinance are hereby repealed. 155 156 SECTION 3. If any section, part of section, paragraph, clause, phrase, or word 157of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not 158be affected. 159 160 SECTION 4 . This Ordinance shall become effective upon the date of its 161adoption. 162 163 PASSED AND ADOPTED on 1st reading October 21, 2009. 164 165 PASSED AND AOPTED on 2nd reading ______. 166

167 ______169 MAYOR-COMMISSIONER 170ATTEST: 171 172______173CITY CLERK

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