Redevelopment is often considered inherently “sustainable” or “green” in that it involves reusing an already developed site, rather than developing elsewhere on a Greenfield location. But are there ways to make redevelopment even more sustainable? This session will explore how communities can pursue more innovative approaches to redevelopment, ranging from holistic regenerative design to the more prescribed LEED-ND to local brownfield reclamation efforts.

1. Technical Guidance Manual
Using LEED-ND to Evaluate Local
Plans, Regulations, and Processes
- Jeffrey P. LeJava, Esq.
LAND USE LAW CENTER
PACE UNIVERSITY SCHOOL OF LAW
www.law.pace.edu/landuse

6. Technical Guidance Manual
Overview
I. Process & Implementation of Overall Program
V. Local Planning
VII. Land Development Standards
IX. Project Review & Approval Process
XI. Capital Improvement Plans & Internal Policies
VI. Financial, Educational, and Marketing Incentives

7. Technical Guidance Manual
Best 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.

8. Technical Guidance Manual
Best Practices
III. Local Planning
A. 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.

9. Technical Guidance Manual
Best Practices
III. Land Development Standards
A. Zoning Code
1. Modifications to
Existing Districts
a. Bulk & Area Requirements
b. Use Regulations
c. Parking & Loading
d. 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.

10. Technical Guidance Manual
Best Practices
• Land Development Standards (continued)
A. Zoning Code (continued)
2. Flexible Zoning Districts
a. Planned Unit Development
b. Floating Zoning
c. 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

11. Technical Guidance Manual
Best Practices
• 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.

12. Technical Guidance Manual
Best Practices
• Land Development Standards (continued)
B. Site Plan & Subdivision Regulations
1. On-Site Requirements
2. Conditions
3. Exactions
4. Construction Standards
5. Lighting Requirements
6. Infrastructure Standards
 Cleveland, OH
» Changed standards to allow use of recycled concrete on-site
C. Supplemental Development Standards
1. Historic District Regulation & Landmark Preservation
2. Design Standards
3. Affordable Housing
4. Cogeneration
5. Natural Resource Protection

13. Technical Guidance Manual
Best 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)

14. Technical Guidance Manual
Best 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.

15. Technical Guidance Manual
Best Practices
III. Capital Improvement Projects & Internal Policies
VI. Financial, Educational, and Marketing Incentives
A. Financial Incentives & Assistance
1. Tax Increment Financing (TIF)
2. Property Tax Abatement
3. 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

16. Technical Guidance Manual
Best 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 CENTER
PACE UNIVERSITY SCHOOL OF LAW
www.law.pace.edu/landuse

17. For questions concerning the LEED-ND
Technical Guidance Manual please contact:
Jennie Nolon Blanchard, JD, MEM, LEED AP
Staff Attorney
Manager of Urban Programs
Land Use Law Center for Sustainable Development
Pace University School of Law
78 North Broadway
White Plains, NY 10603
t: 914.422.4353
f: 914.422.4011
e: jnolon2@law.pace.edu