(11)   Trails. 630
(a)   Criteria.
A building height bonus may be earned by either (1) constructing trails only or (2) constructing and dedicating trails, provided that the following minimum standards are satisfied. On-site trails that satisfy the minimum standards shall count towards required open area and lot area for the purpose of calculating floor area ratio. Off-site trails shall not count towards required open area and lot area for the purpose of calculating floor area ratio. On-site and off-site trails shall not count toward the additional building height bonus if the trails are used to qualify for the bonus for the provision of public open space in the /CDO district, as provided in § 14-702(6)(c).
(.1)   Minimum standards for constructing trails:
(.a)   The minimum length of the trail shall be equal to one of the following:
(i)   If the trail is roughly paralleling the Delaware River, the trail must extend from the downstream to the upstream boundaries of the lot on which the trail is to be constructed.
(ii)   If the trail is not roughly paralleling the Delaware River, then the trail must extend from an existing or planned publicly-accessible trail to a boundary of the lot opposite from the existing or planned publicly-accessible trail.
(.b)   The trail, exclusive of buffer zones and planting strips, shall be at least 12 ft. wide.
(.c)   The trail may be located on-site or off-site within the boundaries of the /CDO district; provided any off-site trails are located on land that is under the same ownership as the development property and are used to calculate a bonus for only one site.
(.d)   The trail shall connect to an existing or planned publicly-accessible trail in accordance with the Comprehensive Plan, as approved by the Commission.
(.e)   The trail shall have pedestrian lighting. The maximum height of the lighting shall be 15 ft. with an illumination level of 2.0 maintained foot-candles. At least one light shall be provided for each 100 ft. of trail. Lighting design shall be subject to the requirements of § 14-707 (Outdoor Lighting).
(.f)   The trail shall be unenclosed and shall be designed and located to receive natural light during the day.
(.g)   Except at intersections with driveways or streets, the trail may not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements. All intersections with driveways or streets must be marked and controlled such that pedestrians, bicyclists, and other non-motorized trail users are given priority. This subsection shall not apply to emergency vehicles. 631
(.h)   The applicant shall post a bond or letter of credit in an amount equal to one hundred percent (100%) of the estimated cost of constructing the required trail improvements in a form and with financial entities acceptable to the City or its designee. The required trail improvements must be completed upon issuance of the Certificate of Occupancy for the first permanent structure on the property, and the bond or letter of credit must be kept in force until the completion of the required improvements.
(.2)   Minimum standards for constructing and dedicating trails:
(.a)   The trail shall satisfy all the requirements of subsection (.1), above.
(.b)   The trail shall be dedicated to, and accepted by, the City or its designee, at no cost to the City, in a form acceptable to the Law Department, but may, at the applicant's request include cross-easements necessary for applicant's tenants, residents, or visitors to have free pedestrian access across the trail to and from the riverfront. After dedication and acceptance, the applicant shall not restrict access to the trail.
(b)   Bonus Building Height.
The additional building height earned for trails is:
 
Additional Building Height
/CDO
Constructing trails only
12 ft. for the first minimum required trail segment and 12 ft. for each improved trail segment of 200 linear ft. thereafter, up to a maximum of 48 ft.
Constructing and dedicating trails
24 ft. for the first minimum required trail segment and 24 ft. for each improved trail segment of 200 linear ft. thereafter, up to a maximum of 72 ft.
 

 

Notes

630
   Added, Bill No. 130274 (approved June 25, 2013).
631
   Amended, Bill No. 190811-A (approved December 30, 2019).