NJ Future Forum 2012 Net-Plus LeJava


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Redevelopment is often considered inherently “sustainable” or “green” in that it involves reusing an already developed site, rather than developing elsewhere on a Greenfield location. But are there ways to make redevelopment even more sustainable? This session will explore how communities can pursue more innovative approaches to redevelopment, ranging from holistic regenerative design to the more prescribed LEED-ND to local brownfield reclamation efforts.

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NJ Future Forum 2012 Net-Plus LeJava

  1. 1. Technical Guidance Manual Using LEED-ND to Evaluate Local Plans, Regulations, and Processes - Jeffrey P. LeJava, Esq.LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAWwww.law.pace.edu/landuse
  2. 2. Technical Guidance Manual OverviewI. Process & Implementation of Overall ProgramV. Local PlanningVII. Land Development StandardsIX. Project Review & Approval ProcessXI. Capital Improvement Plans & Internal PoliciesVI. Financial, Educational, and Marketing Incentives
  3. 3. Technical Guidance Manual Best PracticesI. Process & Implementation of Overall Program A. Task Forces, Interdisciplinary Teams or Committees  Cleveland, OH » Created a Green Team » Held topical workshops to identify and reconcile conflicts between LEED-ND requirements and local regulations » Served an educational purpose » Facilitated communication between development teams and city agencies B. Citizen Engagement  Grand Rapids, MI » Amended Master Plan and Zoning Ordinance to include principles of sustainable development and smart growth. » Master Planning process took over two years, and consisted of 250 meetings involving 3,000 citizens.
  4. 4. Technical Guidance Manual Best PracticesIII. Local Planning A. Comprehensive Plans  Bellingham, WA » Comprehensive Plan specifically encourages the use of LEED- ND to measure a subarea plan’s long-term sustainability. B. Subplans / Special Area Plans  Boston, MA » Columbia Point Master Plan integrates LEED-ND criteria into planning language. It indicates recommendations and implementation actions related to LEED-ND standards with a leaf symbol.
  5. 5. Technical Guidance Manual Best PracticesIII. Land Development Standards A. Zoning Code 1. Modifications to Existing Districts a. Bulk & Area Requirements b. Use Regulations c. Parking & Loading d. Agricultural Lands  Las Vegas, NV » Planning and Development Department completed an internal report identifying barriers to sustainable development in the City’s code. The team used LEED-ND standards to identify code barriers to sustainability and propose changes to the zoning code.
  6. 6. Technical Guidance Manual Best Practices• Land Development Standards (continued) A. Zoning Code (continued) 2. Flexible Zoning Districts a. Planned Unit Development b. Floating Zoning c. Overlay Zoning  Cleveland, OH » Planning Commission is creating a Green Design Overlay (GDO) District that incorporates supplemental Green Design Guidelines, which were developed using the LEED- ND rating system
  7. 7. Technical Guidance Manual Best Practices• Land Development Standards (continued) A. Zoning Code (continued) 3. Other Flexibility Techniques a. Cluster Development b. Special Use Permits c. Variances d. Bonus Zoning / Density Incentives  Nashville, TN » Through Bonus Height Program, City awards density bonuses to pre-certified LEED-ND projects. » If certification is not achieved, a fee will be levied.
  8. 8. Technical Guidance Manual Best Practices• Land Development Standards (continued) B. Site Plan & Subdivision Regulations 1. On-Site Requirements 2. Conditions 3. Exactions 4. Construction Standards 5. Lighting Requirements 6. Infrastructure Standards  Cleveland, OH » Changed standards to allow use of recycled concrete on-site C. Supplemental Development Standards 1. Historic District Regulation & Landmark Preservation 2. Design Standards 3. Affordable Housing 4. Cogeneration 5. Natural Resource Protection
  9. 9. Technical Guidance Manual Best PracticesIII. Land Development Standards (continued) C. Supplemental Development Standards (continued) 6. Energy Code 7. Building Code  Cleveland, OH – The City’s process of identifying conflicts between LEED and its current codes resulted in several code changes, which included: » altering the requirement that downspouts must connect to drains (in order to allow connections to rain barrels) and » expanding permitted driveway materials from “asphalt or concrete” to add “any other material approved by the building director” (in order to allowpervious paving materials)
  10. 10. Technical Guidance Manual Best PracticesIV. Project Review & Approval Process A. Project Review Standards B. Project Review Procedures  Las Vegas, NV » Created a new design review and approval process that ensures adherence to the LEED-ND-based plan and its design guidelines C. Process-Based Incentives  San Diego, CA » “Unofficial” practice of awarding expedited permitting and allowances for deviations to regulations to any green or sustainable building project, including LEED-ND projects.  Seattle, WA » Priority Green Permitting Program provides assistance by an integrated team of design and permitting staff.
  11. 11. Technical Guidance Manual Best PracticesIII. Capital Improvement Projects & Internal PoliciesVI. Financial, Educational, and Marketing Incentives A. Financial Incentives & Assistance 1. Tax Increment Financing (TIF) 2. Property Tax Abatement 3. Fee Waivers  San Antonio, TX » Made reductions to and waivers of San Antonio Water System fees, public works fees, planning and development services department fees, and capital improvement management services fees (that were previously only available to LEED-NC projects) applicable to infill projects and transit oriented developments within certain city zones. 4. Direct Financial Assistance
  12. 12. Technical Guidance Manual Best PracticesVI. Financial, Educational, and Marketing Incentives (continued) B. Technical Assistance C. Educational Incentives  Boulder, CO » Created an informational checklist for developers of all of the ND points a project would get if located in the community D. Marketing Incentives G. Impact Fees & Other Disincentives  Cleveland, OH » Considering charging developers a fee for stormwater impact, thereby encouraging green infrastructure LAND USE LAW CENTER PACE UNIVERSITY SCHOOL OF LAW www.law.pace.edu/landuse
  13. 13. For questions concerning the LEED-NDTechnical Guidance Manual please contact:Jennie Nolon Blanchard, JD, MEM, LEED APStaff AttorneyManager of Urban ProgramsLand Use Law Center for Sustainable DevelopmentPace University School of Law78 North BroadwayWhite Plains, NY 10603t: 914.422.4353f: 914.422.4011e: jnolon2@law.pace.edu