The purpose of the green standards is to establish a program and administrative procedures which minimizes the negative environmental impacts of development; reduces the use of natural resources; creates a healthier and more sustainable living environment; reduces green house gas emissions; promotes economic and environmental health through sustainable and environmental friendly design parameters; while providing leadership to both the private and public sectors in the area of green building practices in the town. To assist in implementation of sustainable building practices and strategies that reduce green house gas emissions, a more efficient use of materials and a reduction in noxious chemicals, the following green building initiatives are required.

(Ord. No. 12-03, § 2(3-70), 6-20-2012)

Public facilities shall be constructed to meet the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system, the Green Building Initiative's Green Globes rating system, the state green building coalition standards, or a nationally recognized, high-performance green building rating system as approved by the state department of management services, and agreed to by the town manager. All such green building certifications must be at the 'Gold' or an equivalent level, and apply to all new town facilities and/or substantial improvements.

(Ord. No. 12-03, § 2(3-71), 6-20-2012; Ord. No. 16-03, § 2(3-71), 4-20-2016)

(a)

Bicycle parking/storage. Nonresidential development shall provide a minimum of six secure bicycle parking/storage spaces for each 50,000 square feet of floor area or part thereof. Townhouse and multifamily development shall provide secure bicycle parking/storage spaces at a ratio of one parking space for each five residential units or fraction thereof. The location of the space shall be indicated on the site plan and located in a prominent location near the main entrance of the building or development.

(b)

Exchange of off-street parking for bicycle parking. Nonresidential and multifamily development may reduce the amount of required parking in exchange for additional bicycle parking/storage on a one parking space to six bicycle parking/storage space ratio. No more than five percent of required parking shall be eligible for exchange. The bicycle parking/storage shall be in addition to required bicycle parking/storage space.

(c)

Hybrid electric vehicles and inherently low emission vehicle parking. Nonresidential and/or multifamily development requiring 20 or more parking spaces shall provide an area for parking hybrid electric vehicles (HEV), inherently low emission vehicles (ILEV), and golf carts equal to five percent of the off-street parking required for the site. The provisions of this subsection shall also apply to those properties located east of Old Cutler Road requiring ten or more parking spaces. Such parking spaces shall be clearly marked and reserved for such vehicles and are to be located close to the handicapped parking spaces. Vehicles parking in these spaces must display a current state division of motor vehicles issued decal.

(d)

Low emitting materials. Nonresidential and/or multifamily development shall incorporate low emitting building or construction materials and substances containing minimal or no levels of volatile organic compounds (low-VOC or no-VOC) for paints, coatings, adhesives, sealants, composite wood, and agrifiber products. Alternate products and technologies shall be permitted upon written approval of the director.

(e)

Water conservation. Residential and nonresidential developments, as well as major renovations, must meet the requirements of the Miami-Dade County Water-Use Efficiency Standards Manual, effective January 2009, as may be amended from time to time. The town shall post a copy of the manual on the town website and shall have a copy available in the department.

(f)

Paving materials. Nonresidential, multifamily, and/or mixed-use development shall use paving materials for sidewalks, courtyards, and non-covered parking lots with a minimum solar reflective index (SRI) of 29. As an alternate solution, open grid pervious pavement may be used if it is a minimum of 50 percent pervious and contains vegetation in the open cells.

(g)

Roof finishes. Roof finishes for residential and nonresidential developments shall have a minimum solar reflective index (SRI) of 65 for slopes up to a 2:12 and 25 for slopes greater than 2:12. The minimum SRI shall apply to 75 percent of the roof surface.

(h)

Additional landscape requirements. In addition to the requirements in the town's landscape code, all developments for which a landscape plan is required shall comply with the state friendly landscaping guiding principles of the Florida yard and neighborhood programs. The applicant shall provide written evidence of compliance with each principle.

(i)

Shower facilities. Nonresidential development may provide one accessible and private indoor shower facility for each building, greater than 10,000 square feet in area, to accommodate employees traveling on bicycles. Such areas shall be excluded from floor area ratio calculation. In addition, for each one square foot of shower area provided, the floor area for the proposed use shall be increased by one square foot.

(j)

Storage and collection of recyclables. Every building shall dedicate an accessible area, serving the entire building, for the collection and storage of non-hazardous recycling materials; including paper, corrugated cardboard, glass, plastic and metals. Such areas shall be a sufficient size to be able to store recyclables for at least one week. Such areas shall be excluded from floor area ratio calculation.

(Ord. No. 12-03, § 2(3-72), 6-20-2012; Ord. No. 20-06, § 2(Exh. A), 7-15-2020)

Sixty percent or more of waste tonnage from construction, demolition, and renovation projects shall be diverted from disposal in landfills. Diversion may be accomplished using new construction methods that reduce the amount of waste generated; through on-site reuse of the waste; delivery of the waste from the site to an approved recycling facility; donation of the material to a nonprofit organization in need of such materials; and all other methods as may be approved by the director through acceptance of a construction, demolition and materials management plan (CDMMP).

(1)

CDMMP. A CDMMP shall be prepared and submitted to the director indicating the method and process for complying with the 60 percent diversion standard along with the following information:

a.

Estimated volume or weight of project construction and debris materials to be generated by type.

b.

Estimated volume or weight of construction and debris materials feasible to divert, considering cost, energy consumption and delays, via reuse or recycling.

c.

The vendor and/or facility proposed to collect, divert, market, reuse and/or receive each material diverted.

d.

Estimated volume or weight of the residual materials to be landfilled.

e.

Projects involving the removal of all or part of an existing structure shall indicate deconstruction methods, to the maximum extent feasible. Applicants will indicate the manner and method for making the materials generated available for salvage prior to being transported for disposal in a landfill or transformation facility. If deconstruction is not feasible, the applicant shall indicate the circumstances prohibiting such solution.

(2)

Compliance with the CDMMP. Prior to scheduling a final zoning inspection, the applicant shall submit documentation indicating compliance with the diversion requirement thresholds specified in the CDMMP. The documentation shall include all of the following:

a.

Receipts and gate tickets from the vendor(s) or facility(s) that collected or received construction and demolition debris from the covered project showing the actual weight or volume of that material.

b.

Any additional information the applicant believes is relevant in determining its efforts to comply with this article.

c.

The director shall review the information submitted and determine whether the applicant has complied with the requirements of this article for material diversion. If the director determines that the documentation and certification provided by the applicant does not fully comply with the requirements of this article, the applicant will be found to be in violation and issued a citation equal to three times the diversion fee for the project.

d.

The department may withhold issuance of the certificate of occupancy permit for any project until documentation has been received affirming compliance with this section.

e.

Approval shall not be required where an emergency demolition is required to protect public health and safety.

f.

The department shall only approve the documentation if it indicates at least 60 percent of all construction and demolition debris generated by the project has been diverted pursuant to this chapter, or has received a modification by the department.

(3)

Weighing of waste. Applicants shall make reasonable efforts to ensure that all construction and demolition materials diverted, or delivered to disposal facilities for disposal, are measured and recorded using the most accurate method of measurement reasonably available. To the extent practical, all construction and demolition debris shall be weighed on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not practical due to size or other considerations, a volumetric measurement may be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the town for this purpose. Documentation of the foregoing shall consist of photocopies of receipts, weight tickets, gate tickets, and other records from recycling facilities, deconstruction contractors, solid waste enterprises and disposal facilities.

(4)

Modification of the diversion requirement. An applicant may apply for a modification from the 60 percent diversion requirement if unique site circumstances make it unfeasible to comply. The applicant shall indicate the circumstances that make it unfeasible along with an estimated feasible diversion rate and the rate for each material. The director shall review the application and determine the maximum feasible diversion rate for each material based on site circumstances. This modified threshold rate will be used for comparison purposes in the issuance of a certificate of occupancy. If the director determines that it is possible for the applicant to meet the 60 percent requirement, the town shall so inform and provide the applicant with the rationale followed for such determination.

(5)

Approved recycling facility. Only recycling facilities that are in full compliance with all federal, state, and local permits shall be allowed as an approved recycling facility within a CDMMP.

(6)

CDMMP application fee. Each CDMMP application shall be subject to the diversion fee as adopted by resolution of the town council.

(Ord. No. 12-03, § 2(3-73), 6-20-2012)

The green building program designation may be granted, after a public hearing, by the town council. Notwithstanding the foregoing, green building program designation for development within the town center district shall be subject to administrative review and approval, unless a variance from the requirements of this chapter is required, in which case approval shall be by the town council.

(1)

Program procedures. As part of the site plan approval process the applicant shall do the following in order to be considered for the green building program designation:

a.

The applicant must successfully register the project with the Green Building Certification Institute or the state green building coalition, or other third party certifying agency as approved by the town manager, and provide evidence of such registration.

b.

The applicant shall have a minimum of one LEED accredited professional, or other similarly accredited professional, on the design team. The applicant shall provide a copy of the LEED accreditation certificate or similar certification and describe the role of the LEED accredited professional on the design team.

c.

The applicant must provide a copy of the pertinent credit checklist indicating which credits the applicant intends to achieve along with a written narrative and detailed drawings and plans illustrating the applicant's intent to meet the prerequisites as described in the applicable LEED rating system or FGBC designation for the specific building type.

d.

Prior to the issuance of the first principal building permit the applicant shall post a performance bond equal to five percent of the total cost of the construction in order to secure performance and fulfillment of the applicant's obligation to obtain the applicable level of certification. In lieu of the bond required by this section, the town may accept an irrevocable letter of credit from a financial institution authorized to do business in the state or provide evidence of cash deposited in an escrow account in a financial institution in the state in the name of the applicant and the town. The letter of credit or escrow shall be in the same amount of the bond if it were posted. If the project fails to meet the criteria required for certification by the Green Building Certification Institute or other nationally recognized certifying agency within one year after receiving the town's certificate of occupancy, the applicant shall either request an extension or forfeit 100 percent of the bond. The applicant, for good cause shown, may request an extension of time of up to one additional year to achieve certification. Such extension may be granted at the sole discretion of the town council after having considered the factors and improvements necessary to achieve the requisite certification. If certification is not achieved within two years after receiving the town's certificate of occupancy, the applicant shall forfeit 100 percent of the bond. Funds that become available to the town from the forfeiture of the performance bonds shall be deposited in a green building fund established by the town.

(2)

Available incentives. In furtherance of environmental stewardship and creating a sustainable urban community, the green building incentives below are established for all new and redevelopment projects seeking and obtaining third party green building certification. No incentives provided under this section may exceed the development density, intensity and height limitations of the applicable future land use designation in the comprehensive plan for a parcel seeking green incentives.

(3)

Increased floor area. Projects achieving a minimum LEED Silver or other equivalent third party certification, up to ten percent increase in floor area; projects achieving a minimum LEED Gold or other equivalent third party certification, up to 15 percent increase in floor area; projects achieving a minimum LEED Platinum or other equivalent third party certification, up to 20 percent increase in floor area. The bonus floor area shall not exceed the maximum floor area permitted by the underlying growth management plan designation.

Properties within the transit corridor (TRC) zoning district seeking increased floor area ratio by achieving green building program designation shall meet the requirements of this section and shall provide one additional site amenity over that which is required by subsection 3-80(e) of this chapter.

(4)

Increased height. Additional "bonus" height up to the maximum permitted by the underlying growth management plan designation may be permitted within the mixed use, or institutional or medium density residential land use designations on the adopted future land use map.

Properties zoned TRC, transit corridor seeking increased height by achieving green building program designation shall meet the requirements of this section and shall provide an additional site amenity over that which is required by subsection 3-80(e) of this chapter.

(5)

Reduction in parking. The applicant may receive a reduction in overall required parking of up to ten percent. In no instance shall a combination of reductions in parking, obtained via either a shared parking agreement or other applicable section of the land development regulations that allow reductions in parking, exceed 20 percent of the required parking for each individual use on the site.

Notwithstanding the foregoing, the applicant may receive a reduction in overall required parking of up to 20 percent for development within the town center district. In no instance shall a combination of reductions in parking, obtained via either a shared parking agreement or other applicable section of the land development regulations that allow reductions in parking, exceed 30 percent of the required parking for each individual use on the site.

(6)

Expedited site and building plan review. The director shall implement a program to expedite the review and approval of site plan and building permit applications for green buildings.

(7)

Expedited building inspections. Building inspections for projects participating in the green building incentive program shall be given priority over non-program participants.

(8)

Reduced site plan review fee. The applicable site plan review fee shall be equal to 80 percent of the fee required for a non-program participant.

(9)

Eligibility for green building award granted by the town. For the purpose of publicly recognizing outstanding commitment to "green building," the town shall provide for an award called the "Town of Cutler Bay Green Building Award" to be awarded annually to a development(s) that participated within the program.

(10)

Prior to award. The applicant shall be required to attend a pre-application meeting with the director for the purpose of a review of the proposed certification checklist and detail of proposed credits for certification. The checklist and certification details shall be confirmed through a development agreement or other agreement between the applicant and the town that the minimum required by the program guidelines, policies and procedures will be incorporated into the development and maintained in perpetuity. The applicant will provide a performance bond in conformance with the requirements set forth herein.

(11)

Reduction in parking for shower facilities. Nonresidential development providing one accessible and private indoor shower facility in each building may receive an overall reduction in the parking requirement of up to ten percent or a maximum of one parking space or whichever is greater.

(Ord. No. 12-03, § 2(3-74), 6-20-2012; Ord. No. 16-03, § 2(3-74), 4-20-2016; Ord. No. 21-09, § 2, 7-21-2021; Ord. No. 22-03, § 2, 4-20-2022)

Funds that become available to the town from the forfeiture of green performance bond shall be deposited in a green building fund established by the town. The town shall use the funds for any of the following: education and training of town staff; education and outreach for the public; energy efficient improvements to municipally owned properties, including weatherization, lighting upgrades, heating, ventilation and air conditioning upgrades; open space/green space improvements such as rights-of-way tree plantings; traffic calming, pollution mitigation, low impact drainage and sanitary sewer improvements; and any other additional improvements consistent with green building initiatives as deemed appropriate by the town council.

(Ord. No. 12-03, § 2(3-75), 6-20-2012)

Nothing in these regulations shall prohibit the following:

(1)

Solar equipment. Solar equipment may encroach into side and rear setbacks and may exceed height limitations set forth in the zoning development standards.

(2)

Rain barrels. Rain barrels shall be permitted within side and rear setbacks.

(3)

Clotheslines. Clotheslines may be located within the rear yard, or in the case of a corner lot a side yard, and shall not be visible from the public right-of-way.

(Ord. No. 12-03, § 2(3-76), 6-20-2012)