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Technical Guidance Manual
Using LEED-ND to Evaluate Local Plans, Regulations, and Processes
- Jeffrey P. LeJava, Esq.
LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW
www.law.pace.edu/landuse
Technical Guidance Manual
Overview
I. Process & Implementation of Overall Program
II. Local Planning
III. Land Development Standards
IV. Project Review & Approval Process
V. Capital Improvement Plans & Internal Policies
VI. Financial, Educational, and Marketing Incentives
Technical Guidance ManualBest Practices
I. 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.
Technical Guidance Manual
Best Practices
II. Local PlanningA. 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.
Technical Guidance ManualBest Practices
III. Land Development Standards
A. Zoning Code
1. Modifications to Existing Districtsa. Bulk & Area Requirementsb. Use Regulationsc. Parking & Loadingd. 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.
Technical Guidance Manual
Best Practices
III. Land Development Standards (continued)
A. Zoning Code (continued)
2. Flexible Zoning Districts
a. Planned Unit Developmentb. Floating Zoningc. 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
Technical Guidance Manual
Best Practices
III. 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.
Technical Guidance Manual
Best PracticesIII. Land Development Standards (continued)
B. Site Plan & Subdivision Regulations 1. On-Site Requirements
2. Conditions3. Exactions4. Construction Standards5. Lighting Requirements6. Infrastructure Standards Cleveland, OH
» Changed standards to allow use of recycled concrete on-site
C. Supplemental Development Standards1. Historic District Regulation & Landmark Preservation2. Design Standards3. Affordable Housing4. Cogeneration5. Natural Resource Protection
Technical Guidance ManualBest Practices
III. 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)
Technical Guidance ManualBest Practices
IV. 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.
Technical Guidance ManualBest Practices
V. Capital Improvement Projects & Internal Policies
VI. Financial, Educational, and Marketing Incentives
A. Financial Incentives & Assistance1. Tax Increment Financing (TIF)2. Property Tax Abatement3. 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
Technical Guidance ManualBest Practices
VI. 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 CENTERPACE UNIVERSITY SCHOOL OF LAW
www.law.pace.edu/landuse
For questions concerning the LEED-ND Technical 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: [email protected]
