N.J. Admin. Code § 19:4-6.6

Current through Register Vol. 56, No. 17, September 3, 2024

Section 19:4-6.6 - Green buildings

(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.

(b) Alternative green building programs determined by the Chief Engineer to be comparable to LEED guidelines may be considered by the Chief Engineer as eligible for the refund of fees in (a)4 above and the density incentives in (a)5 above, on a case-by-case basis.

N.J. Admin. Code § 19:4-6.6

New Rule, R.2006 d.397, effective 11/20/2006.
See: 38 N.J.R. 1797(a), 38 N.J.R. 4883(a).
Amended by R.2009 d.40, effective 1/20/2009.
See: 40 N.J.R. 4696(a), 41 N.J.R. 624(b).
Recodified former (b) through (h) as (a)1 through (a)7; in the introductory paragraph of (a)5, substituted "(a)6" for "(g)"; recodified former (f)1 through (f)4 as (a)5i through (a)5iv; in (a)6, substituted "(a)5" for "(f)"; recodified former (g)1 through (g)12 as (a)6i through (a)6xii; and added new (b).