Arlington County Revises Green Building Density Program

[Today we are interviewing Joan Kelsch, an environmental planner for the Arlington County Government.  I first met Joan when she agreed to sit down with me and discuss the Arlington County green building bonus density program.  I really appreciate the green building incentive program put in place by Arlington County.  To learn about changes to the program, read on!]

Chris:  I know you have been working hard on revisions to Arlington County's green building policies.  What changes were made?

Joan:  Arlington has had a green building density incentive policy for nearly 10 years.  It was originally adopted in 1999 and we updated it in 2003.  There have been many changes in the green building arena over these past 5 years and we updated our policy to reflect the increase in knowledge and market demand for green buildings.  We wanted to provide a stronger incentive to achieve the higher levels of LEED (gold and platinum).  We reduced the bonus for LEED Certified and Silver since these levels are more frequently achieved in the DC region, even without an incentive.  The basic bonus density incentives apply to office construction, and we added a slightly higher bonus at all LEED levels for residential projects.

Arlington’s program offers additional density based on Floor Area Ratio (FAR).  The new densities offered are as follows:  

LEED Level     

Existing Bonus

Proposed Bonus

 

Office               Residential

Certified

0.15 FAR

0.05 FAR            0.10 FAR

Silver

0.25

0.15                    0.20

Gold

0.35

0.35                    0.40

Platinum

0.35

0.45                   0.50

Chris: Why did Arlington County's revise its green building policies to increase the incentives for meeting higher LEED certification levels, like Platinum, while decreasing incentives for the lower levels of LEED certification? 

Joan:  We wanted to provide an extra incentive to achieve more sustainable buildings (as measured by higher LEED levels).  We also wanted to provide extra incentive for residential projects to achieve LEED certification.  Over the past 5 years, our data indicate that about 55% of office space agreed to achieve LEED certification in exchange for the density bonus.  During the same time period, only 25% of multifamily residential units agreed to achieve LEED certification in exchange for bonus density.  We’d like “greener” residential projects overall and we’d like to encourage office developers to really stretch to reduce environmental impact even further.

Chris:  Do you think green building certification (e.g. LEED) is the proper regulatory vehicle for encouraging green building developments?  Why?

Joan:  LEED is the most widely accepted and understood green building rating system.  Until building codes call for more energy efficient and water efficient buildings, I think LEED is a good tool to guide more environmentally responsible development.  LEED addresses issues broader than just building code – indoor air quality, materials choices, embedded energy issues, waste management, etc.  I think LEED has played a critical role in helping the market transformation toward greener materials and process and will continue to do so. 

The Washington Metropolitan Council of Governments (MWCOG) released a report in December 2007 recommending that local governments strive to achieve at least Silver LEED certification for all public buildings and that private development be encouraged to meet at least the LEED Certified standard.  Using LEED across the region levels the playing field, making it easier for developers and the construction industry to understand and meet the LEED standards whether they build in DC, suburban Maryland, or Northern Virginia.

Photo:  EPA

Related links: 

How to Regulate Green in Virginia

Last week, we discussed a law in Virginia that prohibits municipalities from creating green building codes or mandates.  In short, Dillon's Rule only grants to municipalities those powers that are explicitly granted by the state.  The Virginia Code has specifically granted the power to create a building code to the state; municipalities, on the other hand, can create zoning ordinances
 
Recently, I had the pleasure of sitting down to speak with Joan Kelsch, Environmental Planner for Arlington County, about the Arlington County green building programs.  Arlington County has taken advantage of the opportunity to create zoning ordinances by promulgating two programs that stimulate the development of green building projects:  (1) a Site Plan Program; and (2) a Bonus Density Program. 

Lets start with the Site Plan Program.  According to Kelsch, in Arlington County "green building policies are technically voluntary but site plan projects do allow Arlington County to ask for specific proffers from developers."

What is a site plan project?  A site plan is a large project that requires a special exception to the zoning ordinance in order to be built.  Because site plans require an exception to the zoning ordinance, Arlington County is able to require specific green building requirements, including:

(a) LEED™ Accredited Professional
(b) LEED™ Scorecard.
(c) LEED™ Tracking.
(d) Construction Waste Management.
(e) Energy Star Appliances.

In addition, Arlington County is also incentivizing green building development through its Bonus Density Program.  Under the Bonus Density Program, projects larger than zoning would normally permit are allowed if the developer promises to achieve a specific LEED certification level. 

We will be looking at Arlington County's Bonus Density Program in more detail, in part, because the enforcement mechanism involves a four-letter word that has created problems in Washington, D.C. (hint: bond).

Related Links: 

Green Building Regulation in Virginia: Zoning In

I hope you survived the dramatic cliffhanger from Monday.  Now, time to answer the question, how do Virginia cities and counties regulate green building if they cannot adopt a building code? 

Such a dramatic pause for such a mundane answer:  zoning ordinances. 

The Virginia code specifically delegates to the municipalities the right to create zoning ordinances:

“The planning commission of each locality may, and at the direction of the governing body shall, prepare a proposed zoning ordinance including . . . a text setting forth the regulations applying in each district.”

Under the Dillon Rule, the state creates the building code at the state level but cities and counties can create zoning ordinances at the local level. 
Local governments have recognized the opportunity to regulate green building through zoning ordinances.  You may remember this great quote from a previous post:

“Arlington County is deliberately pushing the limits of state law to insist on green standards for development. . . . Arlington pioneered green building standards through its planning and zoning . . . process.”

Next week, we will examine Arlington County's green building regulations.  In the meantime, I have something very special for Friday.

Related links: 

Pushing the Limits of Green Building Regulations

Last week, Green Building Law Update wrote about the Dillon Rule and how it is thwarting Virginia cities’ green building regulations. Under the Dillon Rule, the Virginia legislature is empowered with passing building codes, thus preempting city building codes or building regulations.

As we detailed, Indiana also follows the Dillon Rule but was successful in passing a green building regulation. The regulation was actually an executive order passed by Governor Mitch Daniels requiring new state buildings to achieve green building certification. You may remember that Governor Tim Kaine passed a similar executive order in 2007 requiring the incorporation of green building strategies in public construction. So how are Virginia cities including green building regulations?

  • Alexandria, Virginia has set a goal “to achieve LEED-Silver rating for all new City-owned facilities over 5,000 square feet.”

  • Arlington County “encourages private developers to evaluate the environmental impacts of all site plan projects.”

Importantly, notice the language in these green building provisions. Virginia cities have recognized that green building regulations affecting private projects must be passed in the Virginia State Legislature and so they either set “goals” or “encourage” green building. But this doesn’t mean the Virginia cities aren’t testing the limits of the Dillon Rule:
 

Arlington County is deliberately pushing the limits of state law to insist on green standards for development. A decade ago, Arlington pioneered green building standards through its planning and zoning approval process.
 

Arlington County has created one of Green Building Law Update’s favorite green building incentive structures. Stay tuned to read more about it.

Related Articles: