1. Major public facilities include, but are not limited to, such facilities as a school, library, recreation center, park, County service center, bike share station, public transportation or utility upgrade, or other resource delineated in an applicable master plan. Major public facilities provide public services at a convenient location where increased density creates a greater need for civic uses and greater demands on public infrastructure.
2. If a major public facility is recommended for a property in a master plan, an applicant for a sketch plan on that property must provide the major public facility unless the Planning Board finds that the facility:
a. is infeasible;
b. would not be accepted by the government department or agency responsible for operating the facility; or
c. is no longer in the public interest.
3. If a proposed major public facility is not recommended in the applicable master plan, the Planning Board must find that the facility or improvement provides the community with a resource that is at least as beneficial as other major public facilities recommended in the applicable master plan. Additionally, any infrastructure upgrade may only receive incentive density for improvements beyond those required by any applicable adequate public facilities requirement to complete the proposed development.
4. Due to their significance in placemaking, the Planning Board may approve incentive FAR for
a. the conveyance of a site or floor area,
b. the construction of, or
c. making a partial or full payment for
a major public facility that is accepted for use or operation by an appropriate public agency, community association, or nonprofit organization.
5. Up to the following number of points may be awarded if the requirements of Section 4.7.3.A are met:
a. 20 points in an LSC zone;
b. 40 points in an EOF or CRT zone; and
c. 70 points in a CR zone.
B. Transit Proximity
1. Transit proximity points are granted for proximity to existing or master planned transit stops based on transit service level and CRT, CR, LSC, and EOF zones. Public benefit points can only be granted for one transit stop.
a. Transit proximity is categorized in 3 levels:
i. Level 1 is proximity to an existing or master planned Metrorail Station.
ii. Level 2 is proximity to an existing or master planned station or stop along a rail or bus line with a dedicated, fixed path; this excludes a site that is within one mile of an existing or master planned MARC station.
iii. Level 3 is proximity to an existing or master planned MARC station.
All distances for transit proximity are measured from the nearest transit station entrance or bus stop entrance.
b. A project is abutting or confronting a transit station or stop if it shares a property line or easement line, or is separated only by a right-of-way from an existing or master-planned transit station or stop, and 100% of the tract in a single sketch plan application is within 1/4 mile of the transit portal.
c. For split proximity-range projects:
i. If at least 75% of the tract in a single sketch plan application is within the closer of two proximity ranges, the entire project may take the points for the closer range;
ii. If less than 75% of the tract in a single sketch plan is within the closer of 2 proximity ranges, the points must be calculated as the weighted average of the percentage of area in each range.
Abutting or Confronting | Within 1/4 Mile | Between 1/4 and 1/2 Mile | Between 1/2 and 1 Mile | |||||||||
Transit Service Proximity Level | 1 | 2 | 3 | 1 | 2 | 3 | 1 | 2 | 3 | 1 | 2 | 3 |
LSC | 10 | 5 | 2.5 | 8 | 4 | 0 | 6 | 2 | 0 | 4 | 0 | 0 |
EOF or CRT | 25 | 15 | 5 | 20 | 12.5 | 2.5 | 15 | 10 | 0 | 10 | 7.5 | 0 |
CR | 50 | 30 | 10 | 40 | 25 | 5 | 30 | 20 | 5 | 20 | 15 | 2.5 |
C. Connectivity and Mobility
Development that enhances connectivity between uses and amenities; increases mobility options; encourages walking, cycling and transit; facilitates social interaction; provides opportunities for healthier living; and stimulates local businesses may achieve public benefit points.
1. Advance Dedication: Up to 8 points in the LSC zone, 15 points in the EOF zone, and 30 points in the CRT and CR zone for dedicating or providing a reservation for dedication for master-planned rights-of-way in advance of a preliminary or site plan application.
2. Minimum Parking: Up to 10 points for providing fewer than the maximum allowed number of parking spaces, where a maximum is applicable.
3. Neighborhood Services: When fewer than 10 different basic services exist within 1/4 mile, up to 15 points for providing retail bays appropriate for at least 10 different basic services on-site or within 1/4 mile, of which at least 4 have a maximum retail bay floor area of 5,000 square feet.
4. Public Parking: Up to 25 points for providing up to the maximum number of parking spaces allowed in the zone as public parking.
5. Through-Block Connections: Up to 20 points for safe and attractive pedestrian connections between streets.
6. Transit Access Improvement: Up to 20 points for constructing new or improving existing transit access.
7. Streetscape Improvement: Up to 20 points for construction of off-site improvements, excluding any streetscape improvements otherwise required.
8. Trip Mitigation: Up to 20 points for entering into a binding Traffic Mitigation Agreement to reduce the number of weekday morning and evening peak hour trips attributable to the site in excess of any other regulatory requirement; the agreement must result in a reduction of at least 50% for trips attributable to the site.
9. Way-Finding: Up to 10 points for design and implementation of a way-finding system orienting pedestrians and cyclists to major open spaces, cultural facilities and transit opportunities.
Development that increases the variety and mixture of land uses, types of housing, economic variety and community activities; contributes to development of more efficient and sustainable communities; reduces the necessity for automobile use; and facilitates healthier lifestyles and greater social interaction.
1. Adaptive Buildings: Up to 15 points for constructing commercial or mixed use buildings with minimum floor-to-floor heights of at least 15 feet on any floor that meets grade and 12 feet on all other floors. Internal structural systems must be able to accommodate various types of use with only minor modifications.
2. Care Centers: Up to 20 points for constructing a child, teen, or adult day care facility accommodating at least 15 users that satisfies State standards.
3. Dwelling Unit Mix: Up to 10 points for integrating a mix of residential market-rate unit types with at least 7.5% efficiency units, 8% one- and two-bedroom units, and 5% three- or more bedroom units; the proportional number of MPDUs for each unit type must satisfy Chapter 25A.
4. Enhanced Accessibility for Seniors or the Disabled: Up to 20 points for constructing dwelling units with interiors that satisfy American National Standards Institute A117.1 Residential Type A standards or an equivalent County standard.
5. Live/Work: Up to 15 points for developments of up to 2.0 FAR total allowed density that provide at least 3 units or, for developments allowed greater than 2.0 FAR, 10% of the total unit count as live/work units.
6. Moderately Priced Dwelling Units: There is no limitation on the number of points for providing more than 12.5% of the residential units as MPDUs as required under Chapter 25A.
Points are calculated as follows:
a. 12 points are granted for every 1% of MPDUs greater than 12.5%. Any fraction of 1% increase in MPDUs entitles the applicant to an equal fraction of 12 points.
b. An additional 2 points are granted for every 1% of 2-bedroom MPDUs not otherwise required.
c. An additional 5 points are granted for every 1% of 3-bedroom MPDUs.
d. In any case, for points to be awarded, at least one more MPDU than would be required at 12.5% must be provided to take advantage of the MPDU public benefit points in any zone.
e. For a project providing a minimum of 15% MPDUs, one less benefit category than is required under Section 4.5.4.A.2 and Section 4.6.4.A.2 must be satisfied. A project that provides a minimum of 20% MPDUs does not have to satisfy any other benefit category under Section 4.5.4.A.2 and Section 4.6.4.A.2.
7. Small Business Opportunities: Up to 20 points for providing on-site space for small, neighborhood-oriented businesses.
E. Quality Building and Site Design
High quality design is especially important in urban, integrated-use settings to ensure that buildings and uses are visually compatible with each other and adjacent communities and to provide a harmonious pattern of development. Due to increased density in these settings, buildings tend to be highly visible and high quality design helps attract residents, patrons and businesses to these areas. Location, height, massing, facade treatments and ornamentation of buildings all affect sense of place, orientation and the perception of comfort and convenience. The quality of the built environment affects light, shadow, wind and noise, as well as the functional and economic value of property.
1. Architectural Elevations: Up to 20 points for providing elevations of architectural facades and agreeing to be bound by particular elements of design, such as minimum amount of transparency, maximum separation between doors, awning provisions, sign restrictions, or lighting parameters that affect the perception of mass, pedestrian comfort, or enhance neighborhood compatibility.
2. Exceptional Design: Up to 10 points for building or site design whose visual and functional impacts exceptionally enhance the character of a setting per the purposes listed in Section 4.7.3.E.
3. Historic Resource Protection: Up to 20 points for the preservation or enhancement of, or payment towards preservation or enhancement of, a historic resource or a contributing element within an historic district designated in the Master Plan for Historic Preservation.
4. Public Open Space: Up to 20 points for providing, or making a payment for, public open space in excess of the minimum open space requirement of the zone.
5. Public Art: Up to 15 points for installing public art reviewed for comment by the Art Review Panel under The Public Art Guidelines approved by the Planning Board, or for paying a fee accepted by the Public Arts Trust Steering Committee.
6. Structured Parking: Up to 20 points for placing parking in an above or below grade parking structure.
7. Tower Step-Back: Up to 10 points for stepping back a building's upper floors by a minimum of 6 feet behind the first floor facade. The step-back must begin at a height no greater than 72 feet.
F. Protection and Enhancement of the Natural Environment
Protection and enhancement of natural systems and reduced energy consumption help mitigate or reverse environmental impacts such as heat island effects from the built environment, inadequate carbon-sequestration, habitat and agricultural land loss, and air and water pollution caused by reliance on the automobile.
1. Building Lot Termination (BLT): Up to 30 points for the purchase of BLT easements or payment to the Agricultural Land Preservation Fund (ALPF).
a. In the CR zone:
i. An applicant must purchase BLT easements, or make payments to the ALPF, in an amount equal to 7.5% of the incentive density floor area under the following parameters:
(a) One BLT, equivalent to 9 points, must be purchased or equivalent payment made for every 31,500 square feet of gross floor area comprising the 7.5% incentive density floor area;
(b) A private BLT easement must be purchased in whole units; or
(c) BLT payments must be made to the ALPF, based on the amount established by Executive Regulations under Chapter 2B; if a fraction of a BLT easement is needed, a payment based on the gross square footage of incentive density must be made for at least the fraction of the BLT easement.
ii. Up to 25 points for the purchase of BLTs or equivalent payments to the ALPF may be made for any incentive density above 7.5%. Each BLT easement purchase or payment is equivalent to 9 points, or such proportionate points represented by a fractional BLT purchase or payment.
b. In the LSC zone:
i. An applicant must purchase BLT easements, or make payments to the ALPF, in an amount equal to 50% of the incentive density under the following parameters:
(a) For any floor area above 0.50 FAR, one BLT, equivalent to 9 points, must be purchased or an equivalent payment made for:
(1) each 31,500 square feet of floor area of residential, nonresidential, and Life Sciences between 0% and 40% of the project's floor area; and
(2) each 60,000 square feet of Life Sciences between 40% and 50% of the project's floor area.
(b) Any private BLT easement must be purchased in a whole unit; or
(c) BLT payments must be made to the ALPF, based on the amount established by Executive Regulations under Chapter 2B; if a fraction of a BLT easement is needed, a payment based on the gross square footage of incentive density must be made for at least the fraction of the BLT easement.
ii. Floor area restricted to the following uses is subtracted from the total density before calculating the required BLTs:
(a) workforce housing units;
(b) MPDUs;
(c) Hospitals, including the Hospital's accessory uses, other than medical office buildings;
(d) educational facilities for non-life sciences; and
(e) Life Sciences in excess of 50% of the project's total floor area.
c. In the CRT and EOF zones, BLT payments are optional; each BLT easement purchase or payment is equal to 9 points, or such proportionate points represented by a fractional BLT purchase or payment.
2. Cool Roof: Up to 10 points for constructing any roof area that is not covered by a vegetated roof with a minimum solar reflectance index (SRI) of 75 for roofs with a slope at or below a ratio of 2:12, and a minimum SRI of 25 for slopes above 2:12.
3. Energy Conservation and Generation: Up to 15 points for constructing buildings that exceed the energy-efficiency standards for the building type by 17.5% for new buildings or 10% for existing buildings. At least 15 points for providing renewable energy generation facilities on-site or within 1/2 mile of the site for a minimum of 2.5% of the projected energy requirement for the development.
4. Habitat Preservation and Restoration: Up to 20 points for protection, restoration or enhancement of natural habitats, on-site or within the same local watershed, which are in addition to requirements of the Forest Conservation Law or other County laws.
5. Recycling Facility Plan: Up to 10 points for providing a recycling facility plan to be approved as part of a site plan for buildings that satisfies Montgomery County Executive Regulation 15-04AM or Montgomery County Executive Regulation 18-04.
6. Transferable Development Right: For a property that is in a TDR Overlay zone, up to 20 points for the purchase of TDRs under Section 4.9.15.B. Every TDR purchased is worth 1 point.
7. Tree Canopy: Up to 15 points for protecting tree canopy coverage with at least 15 years of growth per Trees Technical Manual approved by the Planning Board, as amended, on at least 25% of the on-site open space.
8. Vegetated Area: Up to 10 points for installation of plantings in a minimum of 12 inches of soil, covering at least 5,000 square feet. This does not include vegetated roofs or stormwater management facilities.
9. Vegetated Roof: Up to 15 points for installation of a vegetated roof with a soil depth of at least 4 inches covering at least 33% of a building's roof, excluding space for mechanical equipment.
10. Vegetated Wall: Up to 10 points for the installation and maintenance of a vegetated wall that covers at least 30% of any blank wall or parking garage facade that is at least 300 square feet in area and is visible from a public street or open space.
G. Building Reuse
Up to 100 points for reuse of an existing building that satisfies the following:
a. 75% of the structural system of the building must be retained; and
b. An architectural deconstruction company must be used to remove reusable and recyclable materials before any demolition.
c. Although up to 100 points may be obtained, public benefit category minimums must be met.
(Legislative History: Ord. No. 18-08, §12; Ord. No. 18-52, §5.)