The City has determined that the demolition, construction, and maintenance of buildings within the City have a significant impact on the City's environmental sustainability, resource usage, waste management, and the health and productivity of the residents, employees, and visitors. Green building construction increases the efficiency with which buildings and their sites use and harvest energy, water, and materials thereby reducing building impacts on human health, the environment, and the City. The City has also determined that the use of certified green building professionals during the design and planning of a project can significantly improve the sustainability of the finished product and the efficiency at which it is implemented.

(Ord. No. 2020-005, § 8, 5-26-20)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning.

City shall mean the City of Wilton Manors, Florida.

City Commission shall mean the City Commission of the City of Wilton Manors, Florida.

City-owned civic or office construction project shall mean City-owned buildings providing a public gathering place or office facilities.

Construction shall mean any project associated with the creation, development, or erection of any building eligible for the program.

Cool pavement shall mean a surface that uses additives to reflect solar radiation unlike conventional dark pavement. Conventional dark pavements contribute to urban heat islands as they absorb eighty (80) to ninety-five (95) percent of sunlight and warm the local air. In addition to conventional streets and roads, cool pavement can be a surface of a parking lot, driveway, accessway, trail or other improved pathway. Cool pavement is also referred to as a white road.

Cool roof shall mean a roof that has been designed to reflect more sunlight and absorb less heat than a standard roof. Cool roofs can be made of a highly reflective type of paint, a sheet covering, or highly reflective tiles or shingles. A high solar reflectance—or albedo—is the most important characteristic of a cool roof as it helps to reflect sunlight and heat away from a building, reducing roof temperatures. Cool roof is also referred to as a white roof.

Electric vehicle charging station shall mean a parking space that is reserved for and served by electric vehicle charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy source device in an electric vehicle.

Energy Star® shall mean a government-backed labeling program that helps people and organizations save money and reduce greenhouse gas emissions by identifying factories, office equipment, materials, home appliances and electronics that have superior energy efficiency. Energy Star is a joint program of the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Energy (DOE).

Florida Green Building Coalition (FGBC) shall mean a Florida nonprofit corporation dedicated to improving the built environment. The FGBC administers the green design standards of the FGBC's building and community rating systems and administers the FGBC Certifying Agents accreditation program.

Green building, also known as a sustainable or high-performance building, shall mean the practice of creating structures and using processes that are environmentally responsible and resource-efficient throughout a building's life-cycle from siting to design, construction, operation, maintenance, renovation and deconstruction. This practice expands and complements the classical building design concerns of economy, utility, durability, and comfort.

Green building feature are specific to and serve an individual project and include features such as green walls, green roof, electric vehicle charging stations, photovoltaic systems and solar water heating systems, bicycle racks and storage, and wind turbines.

Green infrastructure, also known as low impact development (LID), is an approach to water management that protects, restores, or mimics the natural water cycle. Conventional piped drainage and water treatment systems referred to as grey infrastructure is designed to move urban stormwater away from the built environment, green infrastructure reduces and treats stormwater at its source while delivering environmental benefits. A rain garden is an example of green infrastructure or LID.

Green roof, also referred to as a living roof, shall mean a roof of a building that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional components such as a root barrier, drainage and irrigation system, and soil containment.

Green wall, also referred to as a living wall or vertical garden, shall mean an internal or external wall partially or completely covered with vegetation that includes a support structure and growing medium, and an integrated water delivery system.

LEED shall mean the Leadership in Energy and Environmental Design Green Building Certification and Rating System of the United States Green Building Council.

Low impact development (LID) shall mean an approach to land development (or re-development) that works with nature to manage stormwater as close to its source as possible. LID employs principles such as preserving and recreating natural landscape features, minimizing effective imperviousness to create functional and appealing site drainage that treat stormwater as a resource rather than a waste product.

Mixed-use shall mean any project that contains a development program of residential and non-residential uses within the project boundaries and is submitted under a mixed-use zoning classification or an urban center mixed-use zoning classification.

National Green Building Standard™ (NGBS) shall mean a green building certification program that provides independent, third-party verification that a home, apartment building, or land development is designed and built to achieve high performance in six key areas: Site Design, Resource Efficiency, Water Efficiency, Energy Efficiency, Indoor Environmental Quality, and Building Operation and Maintenance. The NGBS administers the NGBS Green Verifier program.

Photovoltaic solar systems shall mean a power system designed to generate usable electricity from sunlight through the process of converting light (photons) to electricity (voltage), which is called the PV effect. Photovoltaic solar systems also called solar cells or PV cells convert sunlight into electricity.

Rain garden shall mean a depressed area in the landscape that collects rainwater from a roof, driveway or street and allows it to soak into the ground. Rain gardens are planted with ornamental grasses and flowering perennials, this is an example of green infrastructure.

SITES shall mean a comprehensive program for designing, developing and maintaining sustainable landscapes. The SITES certification is bases on a rating system that helps conserve, restore and create the benefits provided by healthy ecosystems. SITES is administered by Green Business Certification Inc. (GBCI) and is a complement to the USGBC LEED green building rating system.

Solar water heaters shall mean a water heating system that heats water through solar collector tubes typically located on a roof. Solar water heating systems include storage tanks and solar collectors. There are two (2) types of solar water heating systems: Active, which have circulating pumps and controls, and passive, which do not.

U.S. Green Building Council (USGBC) shall mean the nonprofit organization with the vision that buildings and communities will regenerate and sustain the health and vitality of all life within a generation. The USGBC mission is to transform the way buildings and communities are designed, built and operated, enabling an environmentally and socially responsible, healthy, and prosperous environment that improves the quality of life. The USGBC has designed and administered various green building certification programs including the LEED Rating systems and administers the USGBC LEED professional accreditation program.

(Ord. No. 2020-005, § 8, 5-26-20)

The green building requirements of this chapter shall apply to the following development:

(A)

All new and substantial redevelopment applications for residential, commercial, office, industrial, hotels, and civic uses.

(B)

All new mixed-use development applications.

(C)

For any City-owned civic or office construction project, the City is expected to incorporate the green building requirements of this Chapter unless the City Commission, in its sole discretion, determines that the cost (e.g., time, function, or funding) associated with the requirements significantly outweighs the benefits to the City.

(Ord. No. 2020-005, § 8, 5-26-20)

Requirements for applications subject to the green building requirements are as follows:

(A)

All development subject to the green building requirements shall incorporate design options from the Table in [Section] 170-050, Green Building Development Options and Points to achieve the minimum number of points as specified below:

(1)

Single family residential shall achieve a minimum of ten (10) points;

(2)

Multi-family residential shall achieve a minimum of twelve (12) points;

(3)

Mixed-use projects shall achieve a minimum of fourteen (14) points;

(4)

Commercial, Office and Industrial projects shall achieve a minimum of fourteen (14) points;

(5)

Hotel projects shall achieve a minimum of sixteen (16) points;

(6)

Civic Uses shall achieve a minimum of fourteen (14) points.

(B)

All development subject to the green building requirements shall retain a USGBC LEED accredited professional, FGBC Certifying agent, an accredited NGBS Green Verifier, or other verified green building accredited professional within their planning and design team.

(C)

For those projects pursuing a certification through an approved green building program the green building certification must be issued prior to the issuance of the certificate of occupancy by the City.

(D)

No signage, advertising, pennants, ribbons, balloons, flags, banners or similar material shall be placed on any Green Building Feature.

(Ord. No. 2020-005, § 8, 5-26-20)

The table within this Section lists green building design option, the point available for incorporating that design option, and the description of the design option standards.

(Ord. No. 2020-005, § 8, 5-26-20)

At the time of application submittal, the applicant must submit:

(A)

Documentation identifying and verifying the credentials of the USGBC LEED accredited professional, FGBC Certifying agent, accredited NGBS Green Verifier, or other green building program accredited professional on the applicant's team.

(B)

A checklist for each green building option, as identified in Section 170-050, incorporated into the project designed to achieve points. The checklist must identify how each item will exceed the requirements of the Florida Building Code and other applicable codes.

(C)

If the applicant is pursuing a certification through a recognized third-party green building certification program, such as USGBC, FGBC, NGBS, the points checklist, designated level of certification, and proof of application for the green building program must be submitted.

(D)

The City reserves the right to require a bond upon application for a project proposing a green building certification to ensure completion of the project in accordance with the green standards and receipt of certification.

(Ord. No. 2020-005, § 8, 5-26-20)

To promote the health, safety, and general welfare of the citizens in the preparation for the increasing utilization of electric vehicles, and to ensure the City provides the infrastructure necessary to support the transition to this technology the following shall apply:

(A)

All new multi-family residential and mixed-use projects shall install electric vehicle charging station(s) with the project at the rate of five (5) percent of the total number of required parking spaces for designated parking spaces and at a rate of five (5) percent of the total number of required non-designated parking spaces. If five (5) percent calculates to less than one, at least one electric vehicle charging station shall be installed for the designated spaces and one for the undesignated spaces.

(B)

All new and substantial redevelopment of commercial, office, industrial, hotel and civic uses shall install electric vehicle charging station(s) with the project at the rate of five (5) percent of the total number of required parking spaces. If five (5) percent calculates to less than one, a least one electric vehicle charging station shall be installed for the project.

(C)

An electric vehicle charging station sign shall be posted at the electric vehicle charging station stating, "Electric Vehicle Charging Station." Signs shall be no greater than twenty-four (24) inches wide by eighteen (18) inches high. Color and letter size specifications shall meet the Manual on Uniform Traffic Control Devices (MUTCD) requirements for sign designation (electric vehicle charging).

(D)

The application documents for the project shall at a minimum identify the following:

(1)

The location where the vehicle(s) will be parked,

(2)

The location of the charging station(s), and

(3)

The electrical plans showing the location of the meter, circuitry, panel schedules and routing.

(E)

Any new single-family development that does not elect to install an electric vehicle charging station, or any project proposing substantial improvements to an existing single family home, shall install the electric lines and circuit breakers to readily accommodate future installation. Lines shall be installed up to the point where the charging station will be located.

(F)

Electric vehicle charging station(s) shall be deemed permitted accessory equipment to conforming and nonconforming buildings in all zoning categories.

(Ord. No. 2020-005, § 8, 5-26-20)

The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by providing support for alternative transportation methods.

(A)

Nonresidential development shall provide a minimum of six (6) secure bicycle parking/storage spaces for each fifty thousand (50,000) square feet of floor area or part thereof.

(B)

Townhouse and multifamily development shall provide secure bicycle parking/storage spaces at a ratio of one space for each five (5) residential units or fraction thereof for those units that do have an accompanying individual dedicated enclosed garage.

(C)

The location of the bicycle space/storage shall be indicated on the site plan.

(Ord. No. 2020-005, § 8, 5-26-20)

The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of alternative energy systems and encourage the installation of rooftop photovoltaic solar systems and/or rooftop solar water heater systems on buildings and structures within the City.

(A)

Rooftop photovoltaic solar systems and/or solar water heater systems shall be deemed permitted accessory equipment to conforming and nonconforming buildings in all zoning categories. Nothing contained in this chapter, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of rooftop photovoltaic solar systems or solar water heater systems that meet the requirements of this Section, as accessory equipment to conforming and nonconforming buildings, including buildings containing nonconforming uses.

(B)

In order to be deemed permitted accessory equipment, rooftop solar photovoltaic or solar water heater systems may exceed the permissible height limit in any district by not more than five (5) feet as specified in Sec. 045-020(D), Modification of height regulations and roofscape requirement. For existing buildings non-conforming to height requirements, in order to be deemed permitted accessory equipment, solar photovoltaic or solar water heater systems may exceed the existing roof height by no more than five (5) feet.

(C)

Prior to the issuance of a permit, the property owner(s) must acknowledge, as part of the permit application, that:

(1)

If the property is within a homeowners' association, condominium association, or otherwise subject to restrictive covenants, the property may be subject to additional regulations or requirements despite the issuance of a permit by the City; and

(2)

The issuing of a permit for a rooftop photovoltaic solar system or solar hot water system does not create in the property owner(s), or any successor or assign in title, or create in the property itself, a right to remain free of shadows or obstructions to solar energy caused by development adjoining on other property or by the growth of any trees or vegetation on other property or the right to prohibit the development on or growth of any trees or vegetation on another property.

(D)

To the extent that the City has discretion regarding the removal or relocation of trees, solar access shall be a factor taken into consideration when determining whether and where trees may be removed or relocated.

(E)

Rooftop photovoltaic solar systems and solar hot water systems shall be properly maintained and be kept free from hazards, including, but not limited to, faulty wiring, loose fastenings, or being maintained in a condition that is unsafe or detrimental to public health, safety, or general welfare.

(Ord. No. 2020-005, § 8, 5-26-20)

The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of green roof systems on buildings and structures within the City. Green roof, also referred to as a living roof, shall mean a roof of a building that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional components such as a root barrier, drainage and irrigation system, and soil containment.

(A)

Green roof systems shall be deemed permitted accessory equipment to conforming and nonconforming buildings in all zoning categories. Nothing contained in this chapter, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of a green roof that meets the requirements of this Section, as accessory equipment to conforming and nonconforming buildings, including buildings containing nonconforming uses.

(B)

In order to be deemed permitted accessory equipment, the green roof structural components (non-vegetative components) may exceed the permissible height limit in any district by not more than five (5) feet as specified in Section 045-020(E), Modification of height regulations and roofscape requirement. For existing buildings non-conforming to height requirements, in order to be deemed permitted accessory equipment, green roof structural components may exceed the existing roof height by no more than five (5) feet.

(C)

Prior to the issuance of a permit, the property owner(s) must acknowledge, as part of the permit application, that if the property is within a homeowners' association, condominium association, or otherwise subject to restrictive covenants, the property may be subject to additional regulations or requirements despite the issuance of a permit by the City.

(D)

To be deemed a green roof for the propose of achieving points for green building requirements the green roof must cover at least twenty-five (25) percent of the roof surface.

(E)

The green roof system shall be properly maintained and be kept free from hazards or conditions that are unsafe or detrimental to public health, safety, or general welfare and shall comply with the provisions established in the landscape code under Section 150-270, Green roof.

(Ord. No. 2020-005, § 8, 5-26-20)

The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of green wall systems on buildings and structures within the City. Green wall, also referred to as a living wall or vertical garden, shall mean an internal or external wall partially or completely covered with vegetation that includes a support structure and growing medium, and an integrated water delivery system.

(A)

Green wall systems shall be deemed permitted accessory equipment to conforming and nonconforming buildings in all zoning categories. Nothing contained in this chapter, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of a green wall that meets the requirements of this Section, as accessory equipment to conforming and nonconforming buildings, including buildings containing nonconforming uses.

(B)

In order to be deemed permitted accessory equipment, the green wall structural components (non-vegetative components) may encroach into a side or rear yard setback by no more than three (3) feet. For existing buildings non-conforming to setback requirements, in order to be deemed permitted accessory equipment, green wall structural components may encroach into any required setback by no more than three (3) feet. In accordance with Section 045.030(B)(1) allowable yard encroachments.

(C)

Prior to the issuance of a permit, the property owner(s) must acknowledge, as part of the permit application, that if the property is within a homeowners' association, condominium association, or otherwise subject to restrictive covenants, the property may be subject to additional regulations or requirements despite the issuance of a permit by the City.

(D)

To be deemed a green wall for the propose of achieving points for green building requirements the green wall must cover at least forty (40) percent of the external surface on the wall on which it is constructed.

(E)

The green wall system shall be properly maintained and be kept free from hazards or conditions that are unsafe or detrimental to public health, safety, or general welfare and shall comply with the provisions established in the landscape code under Section 150-260, Green walls.

(Ord. No. 2020-005, § 8, 5-26-20)

The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of alternative energy systems and to provide for the installation of wind turbines on rooftops or in yards within the City. Wind turbines may be a vertical axis helical design or a pole with blades 'windmill' type design.

(A)

Wind turbine systems shall be deemed permitted accessory equipment to conforming and nonconforming buildings in all zoning categories. Nothing contained in this chapter, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of a wind turbine system that meets the requirements of this Section, as accessory equipment to conforming and nonconforming buildings, including buildings containing nonconforming uses.

(B)

Due to design considerations and functionality requirements an efficient wind turbine system has a design potential to exceed the permissible height limits established in this code. In order to be deemed permitted accessory equipment, the top of the wind turbine may exceed the permissible height limit in any district by not more than four (4) feet as specified in Section 045-020(F), Modification of height regulations and roofscape requirement. Should a proposed wind turbine exceed the four-foot limit it will need to be approved through the variance process as established in Article 120, Variances.

(C)

Wind turbines shall maintain the setbacks established for the zoning district in which it is placed. Wind turbines shall maintain a sufficient setback to ensure if it tips over, it will not fall on the adjacent property.

(D)

Wind turbines shall not be placed in a front-yards unless a variance in accordance with Article 120 is granted.

(E)

Wind turbines shall comply with all requirements contained in the City code within Chapter 21, Noise Control.

(F)

Installation of a wind turbine shall require a building permit and shall comply with all requirements of the Florida Building Code.

(G)

Wind turbines proposed within a public right-of-way shall require a permit pursuant to Section 165-010, Improvements within public rights-of-way.

(H)

Wind turbines shall not be placed in or over water or on docking facilities.

(Ord. No. 2020-005, § 8, 5-26-20)

The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of green infrastructure or low impact development (LID) systems for stormwater management and/or water quality protection.

(A)

For projects that propose green infrastructure or low impact development systems for stormwater management and/or water quality protection the applicant must demonstrate the proposed system meets the applicable stormwater management and/or water quality protection requirements as required by the City, Broward County, the South Florida Water Management District or the Florida Department of Environmental Protection as applicable.

(B)

The property owner shall provide the City with the issued permit(s) from any external applicable jurisdictional agency if required for the green infrastructure or low impact development system.

(C)

The green infrastructure shall be maintained to ensure the efficacy of the system in managing stormwater and protecting water quality.

(D)

Should green infrastructure be proposed within an easement, at the time of application the applicant shall submit, a form signed by any holder of an easement or right-of-way on the property consenting to the installation of the green infrastructure within the easement or right-of-way, with an accompanying acknowledgement by the property owner that in the event the easement holder performs work in the easement that it is the property owner's responsibility to repair and replace the green infrastructure disturbed as a result of the work in the easement.

(E)

Should green infrastructure be proposed within a public right-of-way, a permit pursuant to Section 165-010, Improvements within public rights-of-way, shall be required.

(Ord. No. 2020-005, § 8, 5-26-20)

Nothing in this code precludes a property owner from installing and maintaining a clothesline in support of energy conservation measures. Installation of a clothesline shall conform to the following:

(A)

A clothesline cannot be installed in an easement without a form signed by any holder of an easement on the property consenting to the installation within the easement with an accompanying acknowledgement by the property owner that in the event the easement holder performs work in the easement that it is the property owner's responsibility to repair and replace the clothesline if disturbed as a result of the work in the easement.

(B)

A clothesline cannot be installed in a right-of-way.

(C)

A clothesline must maintain at a minimum a five-foot setback from a waterbody.

(D)

Clotheslines cannot be installed in a front yard. A clothesline cannot be installed in a side yard unless the required setback can be met.

(E)

Clotheslines are deemed permitted accessory equipment to conforming and nonconforming buildings in all residential zoning categories.

(Ord. No. 2020-005, § 8, 5-26-20)

To promote the health, safety, and general welfare of the citizens the City shall provide incentives for voluntary incorporation of green building options.

(A)

The incentives shall apply for any development project not required by Section 170-040 to incorporate green building requirements.

(B)

To be eligible for the incentives the applicant must demonstrate they have achieved a minimum of sixteen (16) points from the development options table in Section 170-150 to qualify for the incentive.

(C)

The City shall provide the following incentives to eligible and qualified applicants:

(1)

Fast-track permitting for building permits.

(2)

Reduced permitting fee, which shall, be established and amended, by Resolution of the City Commission.

(Ord. No. 2020-005, § 8, 5-26-20)