New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY MEADOWLANDS COMMISSION › Chapter 4 - DISTRICT ZONING REGULATIONS › Subchapter 6 - SUPPLEMENTAL REQUIREMENTS › Section 19:4-6.6 - Green buildings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The New
				  Jersey Meadowlands Commission (NJMC) shall promote sustainable green building
				  practices in accordance with U.S. Green Building Council (USGBC) Leadership in
				  Energy and Environmental Design (LEED) guidelines in the Meadowlands District
				  through the methods provided in this section. The LEED standards are
				  incorporated herein by reference, as amended and supplemented, and may be found
				  at
http://www.usgbc.org
, or by
				  contacting the U.S. Green Building Council, 1015 18th Street, NW, Suite 508,
				  Washington, DC 20036.
1. Applications for
				  development are encouraged, but are not required, to comply with LEED
				  criteria.
2. Only projects
				  involving an application for LEED accreditation meeting a minimum of 26 points
				  for LEED - New Construction, and 32 points for LEED - Existing Buildings on the
				  LEED rating system, or the minimum rating to be designated an LEED Certified
				  development, whichever is greater, shall be eligible for the incentives in this
				  section.
3. Review of applications
				  proposing to meet a minimum accreditation level of LEED Certified shall be
				  expedited by NJMC staff by receiving priority review before other
				  applications.
4. A refund of zoning
				  certificate application fees required in
				  19:4-11.2 shall be provided upon
				  the applicant's written request, accompanied by submission of proof of LEED
				  certification by the USGBC, within one year of such certification, as follows:
i. LEED Platinum = 30 percent refund of
				  fees;
ii. LEED Gold = 25 percent
				  refund of fees;
iii. LEED Silver =
				  20 percent refund of fees; and
iv.
				  LEED Certified = 15 percent refund of fees.
5. In any zone, the following density
				  incentives shall be provided for zoning certificate applications for new
				  buildings and additions upon compliance with the requirements of (a)6 below:
i. LEED Platinum = additional 0.30 floor area
				  ratio (FAR) or additional three dwelling units per acre, where residential uses
				  are permitted;
ii. LEED Gold =
				  additional 0.25 FAR or additional two dwelling units per acre, where
				  residential uses are permitted;
iii. LEED Silver = additional 0.20 FAR or
				  additional one dwelling unit per acre, where residential uses are permitted;
				  and
iv. LEED Certified = additional
				  0.15 FAR or additional 0.5 dwelling unit per acre, where residential uses are
				  permitted.
6. The
				  following process shall apply to applicants seeking a density incentive
				  pursuant to LEED guidelines, as set forth in (a)5 above:
i. A LEED scorecard shall be submitted with a
				  zoning certificate application detailing which credits the applicant shall seek
				  to apply to the project, and the method that will be utilized to satisfy the
				  credit.
ii. The applicant shall
				  register the proposed project with the USGBC, and shall submit written proof of
				  such registration, prior to any incentive being granted by the NJMC.
iii All plans submitted for review shall contain the
					 project components listed on the LEED scorecard.
iv. A zoning certificate or variance approval
				  granted pursuant to green building incentives as provided in this section shall
				  contain conditions that such LEED certification be achieved and
				  maintained.
v. Prior to issuance of
				  the zoning certificate, a performance guarantee shall be completed by the
				  applicant and property owner in accordance with
				  19:4-4.2 0.
vi. If the applicant is unable to include the
				  approved LEED components during the project implementation, the applicant shall
				  replace the approved components with comparable, alternative green building
				  components, subject to prior written approval by the NJMC for each
				  substitution, maintaining the minimum required rating for the level of LEED
				  certification sought.
vii. Monthly
				  reports by the project's LEED accredited professional shall be submitted to the
				  NJMC to monitor the progress of the implementation of the green building
				  components.
viii. A maintenance
				  plan for the LEED components shall be submitted for review and approval by the
				  NJMC.
ix. Upon completion of the
				  project, an as-built analysis of the project in relation to the approved
				  project shall be prepared by an independent LEED accredited professional
				  architect, the cost of which shall be borne by the applicant.
x. If the final project does not include the
				  approved green building components, the NJMC shall not issue a certificate of
				  completion and/or occupancy certification. In cases where temporary approvals
				  have been issued, the NJMC reserves the right to revoke said approvals until
				  the required green building components have been installed and/or pursue
				  enforcement pursuant to
				  19:4-4.2 1.
xi. The application for LEED certification
				  and rating shall be submitted by the applicant to the USGBC near or at
				  completion of the project.
xii.
				  Final occupancy certification shall be issued by the NJMC upon certification by
				  the USGBC that the project achieved the approved level of LEED certification.
				  The applicant shall provide a copy of such certification to the NJMC.
7. In cases where an application
				  cannot comply with the design requirements in N.J.A.C. 19:4-8 due solely to the
				  ability to install a LEED-recognized green building component, the NJMC may
				  consider a LEED waiver from such requirements pursuant to the following
				  process:
i. A request for a LEED waiver shall
				  be made in writing to the Chief Engineer.
ii. A request for a LEED waiver shall specify
				  the regulation from which the waiver is requested and a detailed reason(s) for
				  the request.
iii. The Chief
				  Engineer may grant LEED waivers in writing, and impose conditions upon such
				  waivers, upon finding that the LEED waiver is necessary to install the green
				  building component and that such waiver shall not result in a threat to public
				  health, safety, and/or order and will not result in a detriment to the intent
				  of the regulation. The Chief Engineer shall have the authority to decide that a
				  variance procedure would be a more appropriate method in which to consider the
				  proposed deviation from the regulations.
iv. The Chief Engineer shall have 10 business
				  days to render a decision on the waiver request.
v. Upon a substantive change of an
				  application or unforeseen circumstance, the NJMC reserves the right to require
				  a waived requirement when deemed necessary by the Chief Engineer.