Standard Arlington Green Building Site Plan Conditions – Updated July 2, 2013DRAFT update March 1, 2016 Arlington County encourages site plan projects to incorporate green building components and processes. Site plan projects are development projects seeking special exception to the Zoning Ordinance. The goal of this program is to reduce the environmental impacts of development. Each project will be evaluated on a case by case basis. The program includes the following requirements: 1. LEED® Accredited Professional. The program requires that all site plan projects have a LEED Accredited Professional on the development and construction team. 2. LEED Certification. All site plan applications in Arlington County must include the LEED scorecard with an explanation of all the LEED prerequisites each LEED credit, describing how they intend to achieve the credit, or why they are unable to incorporate the component into the project. Site plan applications must also include a preliminary energy model identifying the energy saving strategies and targeted level of energy savings. This allows the County to measure a project’s overall performance and to collect data on the environmental status of all site plan buildings in the County. During project negotiation, a LEED Certification level and energy savings commitment is identified and formalized in a site plan condition. 3. Energy Star Building Certification. All office bonus density projects are required to earn ENERGY STAR Building Certification with an ENERGY STAR score of at least 75 within four years of issuance of the final partial certificate of occupancy. All residential bonus density projects are eligible to earn additional bonus density for a commitment to earn ENERGY STAR building certification. 43. LEED Reporting. The site plan condition requires that reports be submitted with specific building permit applications. These reports track the progress of LEED and energy prerequisites and components throughout the demolition and construction process. Permits will not be issued if LEED reports are incomplete. Please see the LEED Permit Submission Requirements Guidelines for Site Plans on the AIRE website for more detail. 54. Site Visits. Arlington staff will periodically request site visits to verify LEED progress and sustainable building components. 65. Financial Security. Because some green building components are not complete until a building is operational, a financial security is posted in a form acceptable to the County prior to the Certificate of Occupancy of the last floor of space. This allows the developer to fully occupy the building while waiting for final LEED certification and ENERGY STAR certification. 76. Energy Reporting. All bonus density projects are required to report complete energy and water utility data to the County after occupancy each year for 10 years. Information on how to share utility data with the County through the ENERGY STAR Portfolio Manager program is available on the AIRE website. 8. Optional Arlington Priority Credits. In order to make the bonus density program more specific to Arlington, ENERGY STAR certification for multifamily buildings and seven specific LEED credits have been identified as being particularly relevant to the Arlington Community. Developers may choose up to two in exchange for additional bonus density, and will be considered on a case-by-case basis. Specific site plan language is included below. These priorities include:
Energy Star certification with a score of 75 (Multi-family residential projects only) Optimize Energy Performance (nine percent above the LEED baseline) Additional Optimize Energy performance (twelve percentage points above the LEED baseline) Envelope Commissioning Renewable Energy production (one percent of building energy use from renewables) Onsite habitat restoration Light pollution reduction and bird friendly facades Building reuse and materials salvage
97. Standard Site Plan Language. The county’s standard site plan language covering green building and LEED issues specifically states the following (modifications will be made on a case-by-case basis depending on project type to include appropriate italicized language in sections 6 and 7):
LEED Credits and Sustainable Design Elements A. A. The Developer agrees to include a LEED® Accredited Professional (LEED-AP) as a member of the design and construction team. The Developer agrees that the team will incorporate sustainable design elements and innovative technologies into the project so that numerous project components will earn the Developer points under the U.S. Green Building Council’s LEED green building rating system. Specifically, the Developer agrees to meet the requirements for all LEED Prerequisites and to achieve at least the number of LEED credits necessary to achieve LEED certification at the ___ level using the LEED version 42009 green building rating system or a more recent version as approved by the County Manager. At least ____ points from LEED EA credit 1, “Optimize Energy Performance”, shall be included in the certification of the project. As part of the LEED certification, the following “Arlington Priority” credits will be achieved: At least _____ points from LEED EA credit “Optimize Energy Performance / Annual Energy Performance” At least two (2) points from LEED EA credit “Enhanced Commissioning, option 2, Envelope Commissioning” At least one (1) point from LEED credit “Renewable Energy Production” At least two (2) points from LEED credit “Site Development – Protect or Restore Habitat, option 1, on-site restoration” At least one (1) point from LEED credit “Bird Collision Deterrence” At least two (2) points from LEED credit “Building Life-cycle Impact Reduction, option 1, 2, or 3” The Developer agrees to submit all appropriate documentation to the USGBC (or their designee) for review and evaluation for LEED certification. a. Report Submittals. The Developer further agrees to submit to the Department of Environmental Services (DES) (with notification of submission to the Zoning Office), reports prepared by the LEED-AP and documentation upon request to substantiate the report. Such reports will be submitted prior to the issuance of each of the following permits or certificates of occupancy for construction of the project (with appropriate updates as the project
Commented [JA1]: Developer may choose up to two for additional bonus density. Requests will be reviewed on a case by case basis.
progresses) and will summarize the efforts to date of the inclusion of the sustainable elements within the project: (1) Demolition and Land Disturbance Permits (2) Excavation, Sheeting & Shoring Permit (3) Above-Grade Building Permit (4) Shell and Core Certificate of Occupancy (5) Partial Certificate of Occupancy for occupancy of any part of the last floor of space (6) Master Certificate of Occupancy b. Site Visits (First Partial CO for tenant occupancy) The Developer further agrees to permit and cooperate with site visits as requested by the County Manager to verify that all LEED components as agreed to as part of this Condition #19 have been included in the project. c. LEED AP VerificationCertification (Within 90 days after issuance of Partial CO for space on last floor) The Developer agrees to provide a verification letter from the development team’s certification by a LEED-AP within ninety (90) days after the prior to issuance of the Partial Certificate of Occupancy for any space on the last floor of space for which a Certificate of Occupancy is issued. The certification verification shall state that all the prerequisites and the minimum number of LEED credits, as set forth above in the reporting mechanisms, have been incorporated into the building for which the Certificate of Occupancy permit has been issued, and that, in the professional’s opinion, the project will qualify for at least a LEED ____ Certification as outlined in the 2009 version of LEED version 4 or a more recent version. The Developer also agrees to submit all appropriate documentation to the USGBC (or their designee) for review and evaluation for LEED certification. d. Bond or Letter of Credit (Partial CO for space on last floor) The Developer agrees to provide to the County financial security (in the form of a bond or letter of credit or other form approved by the County Attorney) in the amount of $_____ [($__ per s.f.) x (______ s.f. of LEED bonus density)] prior to the issuance of the Partial Certificate of Occupancy for any space on the last floor of space for which a Certificate of Occupancy is issued, guaranteeing that, within twenty-four (24) months from the date of the issuance of the Partial Certificate of Occupancy for any space on the last floor of space for which a Certificate of Occupancy is issued the Developer will have received from the U.S. Green Building Council its LEED ____ certification. If the total number of LEED points earned by that date through certification is less than the number of points required to achieve the agreed upon LEED certification level, or if the Developer misses any “Arlington Priority” credits listed above, the Developer agrees that it shall automatically forfeit a percentage of the financial security as follows: Points missed Percentage of financial security forfeited 1-2 25% 3-4 50% 5-6 75%
B. Energy Reporting (January 31st of year after issuance of Partial Certificate of Occupancy of last floor) The Developer agrees to provide a complete ENERGY STAR Portfolio Manager report (or equivalent as approved by the County Manager), as outlined in County guidelines entitled “Submission Requirements for Site Plans with Portfolio Manager Proffers” for the project each year for a period of ten (10) years. The first report shall be due on or before January 31 of the year following issuance of the Partial Certificate of Occupancy of the last floor of space. The developer agrees to install energy monitoring equipment capable of tracking whole building energy use data.
C. The Developer agrees that the LEED points referenced in this condition refer to the LEED version 2009 4 rating system. If the Developer requests to use an updated version of LEED, then any point valuations incorporated into future updates to the LEED Green Building Rating System must be equal to or exceed the requirements outlined in the 2009 version of LEED version 4. D. The Developer agrees to permit the County Manager to access the USGBC records for the project, and to provide the County Manager with such authorization as may be necessary to allow such access. Should there be a dispute between the County and the Developer as to whether any sustainable element has properly been included in the development so as to qualify for the applicable number of LEED rating system points, the County and the Developer will select a mutually agreeable third-party LEED-accredited individual, or other person with substantial experience in the LEED system as approved by the County Manager, and accept the determination of that individual as to whether the project has qualified for those points. If the third-party person determines that the sustainable element has properly been included, the County will issue the permit. Such a determination shall in no way relieve the Developer of the obligation to achieve the level of certification called for in this condition. E. The Developer agrees that all sustainable design elements and innovative technologies incorporated into the project for which the Developer earned points under the U.S. Green Building Council’s LEED green building rating system shall remain as part of the Site Plan for the life of the Site Plan. Any changes to the LEED-related building elements for which LEED points were earned shall be submitted to and administratively reviewed by the Zoning Administrator as part of an Administrative Change request, which the Zoning Administrator shall approve only if he or she finds that the change will neither reduce the level of sustainable design of the building, nor the total number of LEED points for which the Site Plan project was approved. 108. Energy Star Appliances for Multi-family Residential Development. In order to reduce energy used by standard appliances and fixtures in high-rise residential projects, the following standard language is included in the green building site plan condition (modifications may be made on a case-by-case basis). (1) ENERGY STAR label. All of the following types of appliances, fixtures, and/or building components initially installed in the residential units in the project shall have earned the U.S. EPA's ENERGY STAR label (or equivalent as approved by the County Manager): clothes washers, dishwashers, refrigerators, and ceiling fans. Residential units will comply with the EPA’s Advanced Lighting Package (or equivalent as approved by the County Manager). The Developer agrees to submit to the County Manager documentation sufficient to confirm that
such components are ENERGY STAR qualified (or equivalent as approved by the County Manager) prior to issuance of the Shell and Core Certificate of Occupancy. (2) WaterSense label. All the following fixtures initially installed in the residential units in the project shall have earned the U.S. EPA’s WaterSense label (or equivalent as approved by the County Manager): toilets, showerheads, and bathroom sink faucets. The Developer agrees to submit to the County Manager documentation sufficient to confirm that such components are WaterSense qualified (or equivalent as approved by the County Manager) prior to issuance of the Shell and Core Certificate of Occupancy. (3) For the commercial lighting in common areas of multifamily residential projects, (by way of illustration and not limitation, these areas include lobbies, corridors, stairwells, common rooms, fitness rooms, etc.), the developer shall reduce the need for lighting (through daylighting where possible) and shall specify the use of energy efficient fixtures, bulbs, light sensors, motion sensors, timers, and interior design, e.g., paint color, that maximize energy efficiency in lighting. The guidelines outlined by the US Green Building Council’s LEED for Commercial Interiors (LEED-CI) credit entitled, Optimizing Energy Performance: Lighting Power shall be used toward the goal of maximizing energy efficiency in the lighting of common areas. 9. Tenant Build-Out for Core and Shell Office Development. In order to help tenants incorporate sustainable design and construction into the interior build-out of core and shell office buildings, the following standard language is included in the green building site plan condition (modifications may be made on a case-by-case basis).