(11) Trails. 820

(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. 821

(.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

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

(12) Street Extensions. 822

(a)   Criteria.

A building height bonus may be earned by either (1) dedicating only or (2) dedicating and improving lands along the alignment of an existing street, provided that the dedication and improvements meet the following minimum standards.

(.1)   For dedications:

(.a)   The land must be located on the subject property between the river and the eastern or southeastern end of a river access street.

(.b)   The width of the street extension land dedication must be at least equal to the confirmed right-of-way of the existing public street to be extended.

(.c)   The dedication of land must be in fee simple ownership, in a form acceptable to the City or its designee, and accepted by the City, at no cost to the City.

(.2)   For improvements:

(.a)   Any street extension improvements shall be completed to the standards of the Streets Department.

(.b)   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 street improvements in a form and with financial entities acceptable to the City or its designee. The required street improvements must be constructed 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.

(b)   Bonus Building Height.

The additional building height earned for dedication of street extension lands is:

 

Additional Building Height
/CDO
Dedication only	12 ft. for each land dedication of 200 linear ft. up to a maximum of 36 ft.
Dedication and Street Extension Improvement	24 ft. for each street extension segment of 200 linear ft. up to a maximum of 72 ft.

 

 

Notes

822	Added, Bill No. 130274 (approved June 25, 2013).

(13) Retail Space. 823

(a)   Criteria. 824

(.1)   A building height bonus may be earned for constructing ground floor retail space, provided that all portions of each ground floor facade that abuts a sidewalk or public space and that is not occupied by entrances, exits, or waiting areas shall be designed and constructed to permit a finished ceiling height of at least 10.5 ft. in order to allow occupancy by a use in the retail sales, commercial services, child care, or library and cultural exhibits use category. 825

(.2)   The applicant must execute and record a restrictive covenant in favor of the City, acting through the Department of Planning and Development, approved as to form by the Law Department, which requires the space for which the bonus shall be granted to be occupied only by a use in the retail sales, commercial services, child care, or library and cultural exhibits use category for a term of 15 years, or the life of the building, whichever is less. 826

(.3)   Retail space provided to satisfy the ground floor use requirements of § 14-507(4)(c) or § 14-519(3) shall not apply towards the retail space bonus.

(b)   Bonus Building Height. 827

The additional building height earned for construction of retail space is:

 

Additional Building Height
/CDO	/ECO
12 ft. per each 5,000 sq. ft. of retail floor area provided, up to maximum of 36 ft.	12 ft. per each 5,000 sq. ft. of retail floor area provided, up to maximum of 48 ft.

 

 

Notes

823	Added, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 150505 (approved December 1, 2015).
824	Amended, Bill No. 161003-A (approved May 8, 2017).
825	Amended, Bill No. 190253 (approved July 24, 2019).
826	Amended, Bill No. 190253 (approved July 24, 2019).
827	Amended, Bill No. 190811-A (approved December 30, 2019).

(14) Stormwater Management. 828

For properties that contain at least 15,000 sq. ft. of lot area, the stormwater management bonus may be earned as provided by this subsection. Within the /ECO overlay district, a stormwater management bonus may be earned by (1) providing a stormwater open space, (2) managing street drainage, or (3) providing both stormwater open space and managing street drainage. Open space provided to earn a height bonus that meets the requirements of § 14-702(14)(a) (Criteria for Open Space within the /ECO overlay district) shall count towards the required open area, but shall not be used to satisfy the bonus requirements of § 14-702(6) (Public Space). Within the /CDO overlay district a stormwater management bonus may be earned by (1) managing additional street drainage, (2) managing additional on-site stormwater runoff, (3) managing additional street drainage or additional on-site stormwater runoff in a surface feature, or (4) meeting the requirements for more than one of these three options.

(a)   Criteria for Open Space within the /ECO Overlay District.

Within the /ECO overlay district, a height bonus may be earned by providing open space that manages stormwater runoff, provided that the space meets the following minimum standards:

(.1)   The stormwater open space shall be located within 20 ft. of Willow Street, but may be contiguous to other integrated surface stormwater management systems.

(.2)   The stormwater open space shall account for at least seventy-five percent (75%) of the lot area located within 20 ft. of Willow Street.

(.3)   The stormwater open space shall be at least seventy-five percent (75%) vegetated or landscaped.

(.4)   The stormwater open space shall not be more than 3 ft. above or 3 ft. below ground level.

(.5)   The stormwater open space shall be open to the sky, except for arbors, trellises, trees, seating, and landscaped areas.

(.6)   At least fifteen percent (15%) of the stormwater open space shall be publically accessible. In order to qualify as publicly accessible, the space must:

(.a)   Include walkways, seating areas, water features, or other publicly accessible elements;

(.b)   Be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m., daily; and

(.c)   Have lighting with a maximum height of 15 ft. and a minimum illumination level of 2.0 maintained foot candles. One light shall be provided for every 500 sq. ft. of public space. Lighting design shall be subject to the requirements of § 14-707 (Outdoor Lighting).

(.7)   The stormwater open space shall not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements.

(.8)   Stormwater runoff shall be managed with an integrated surface stormwater management system that includes surface features for stormwater management, promotes infiltration of stormwater runoff to the maximum degree feasible, and provides for stormwater runoff storage when infiltration is not feasible. Any on-site stormwater runoff that cannot be managed in the stormwater open space shall be managed in additional on-site stormwater management systems.

(b)   Criteria for Managing Street Drainage within the /ECO Overlay District or the /CDO Overlay District.  829

Within the /ECO overlay district or /CDO overlay district, a height bonus may be earned by managing the street drainage through the installation and maintenance of one or more stormwater management systems on the property, provided that the stormwater management system maximizes the management of adjacent street drainage and manages at least 5,000 sq. ft. of impervious street drainage area in excess of applicable stormwater management requirements.

(c)   Criteria for Managing Additional On-Site Stormwater within the /CDO Overlay District.

Within the /CDO overlay district, a bonus may be earned by installing and maintaining one or more stormwater management systems on the property, provided that the stormwater management system maximizes on-site stormwater management and manages at least 5,000 sq. ft. of additional stormwater runoff from the property's impervious area in excess of applicable stormwater management requirements.

(d)   Criteria for Managing Additional Street Drainage and/or Additional On-Site Drainage in a surface feature within the /CDO Overlay District.

Within the /CDO overlay district, a bonus may be earned by installing and maintaining a stormwater management system that manages additional street drainage or additional on-site drainage (as defined in (b) and (c)) in a surface feature in accordance with Water Department requirements.

(e)   Criteria for All Stormwater Management Bonuses.

In addition to the above criteria, all open space and stormwater management systems provided to earn a stormwater management bonus shall meet the following standards:

(.1)   The Water Department shall confirm that all stormwater management systems meet the applicable stormwater management requirements of this § 14-702(14) and all other applicable stormwater management requirements.

(.2)   The applicant shall execute and record a deed restriction against the property, approved as to form by the Law Department, which requires the stormwater management systems to be constructed and maintained, at a minimum, in accordance with the Water Department's stormwater management requirements for the life of the building; and which allows the City to inspect for, or demand proof of, continued compliance with those requirements. 830

(f)   Bonus Building Height.

The additional building height earned by providing certain stormwater management systems is:

Open Space Management Requirements	Additional Building Height
	/ECO	/CDO
The stormwater open space meets the requirements of § 14-702(14)(a) and § 14-702(14)(e)	24 ft.	N/A
Street Drainage Management Requirements	Additional Building Height
	/ECO	/CDO
The stormwater management system meets the requirements of § 14-702(14)(b) and § 14-702(14)(e)	12 ft. for every 20% of street drainage area managed, up to a maximum of 48 ft.	12 ft.
Additional On-Site Management Requirements	Additional Building Height
	/ECO	/CDO
The stormwater management system meets the requirements of § 14-702(14)(c) and § 14-702(14)(e)	N/A	12 ft.
Surface Feature Requirements	Additional Building Height
	/ECO	/CDO
The stormwater management system meets the requirements of § 14-702(14)(d) and § 14-702(14)(e)	N/A	12 ft.

 

 

Notes

828	Added, Bill No. 150505 (approved December 1, 2015); amended, Bill No. 160526 (approved June 28, 2016); amended, Bill No. 190811-A (approved December 30, 2019).
829	Amended, Bill No. 200628 (approved March 29, 2021).
830	Amended, Bill No. 200628 (approved March 29, 2021).

(15) Through-Block Connection. 831

(a)   Criteria.

A height bonus may be earned by creating a through-block connection within 15 ft. of the former right-of-way of Noble Street between 2nd Street and 6th Street provided that a through-block connection meets the following minimum standards. Open space provided to earn a height bonus that meets the requirements of this § 14-702(15)(a) shall count towards the required open area, but shall not be used to satisfy the bonus requirements of § 14-702(6) (Public Space).

(.1)   The through-block connection shall extend between two or more public streets and shall, to the greatest extent possible, be aligned to meet existing through-block connections or public streets that exist within 15 ft. of the current or former Noble Street right-of-way.

(.2)   In the event that the former right-of-way of Noble Street is not under the same ownership between two public streets, a written agreement between the record owners of the respective lots and any associated plans shall be submitted to L&I with the zoning permit application, confirming that a through-block connection will be constructed by one or more of the owners in conformance with this § 14-702(15), 832 provided that the bonus shall apply only to a single applicant's zoning permit.

(.3)   The through-block connection shall be at least 24 ft. in width and unobstructed and open to the sky, not including arbors, trellises, trees, seating, and landscaped areas.

(.4)   The through-block connection shall have pedestrian access and meet all public access design and engineering requirements for areas required to be accessible to those with physical impairments under the Americans with Disabilities Act and any implementing regulations adopted by the City.

(.5)   Vehicular traffic and loading are allowed only if the through-block connection meets all applicable vehicular standards or regulations adopted by the City.

(.6)   The through-block connection shall be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m., daily.

(.7)   A minimum of fifty percent (50%) of each building facade that borders the through-block connection, up to a height of at least 8 ft. above ground level, shall be improved with an active retail use or with landscaped areas, murals, or architectural details, including but not limited to windows and entrances.

(.8)   Any portion of the through-block connection that abuts a surface parking area shall meet the requirements of § 14-802(5) (Parking Landscape and Screening) as though the through-block connection was a public street.

(.9)   The through-block connections shall have lighting. The maximum height of the lighting shall be 15 ft. with a minimum illumination level of 2.0 maintained foot-candles. At least one light shall be provided for each 100 ft. of the through-block connection. Lighting design shall be subject to the requirements of § 14-707 (Outdoor Lighting).

(b)   Bonus Building Height.

The additional building height earned by providing a through-block connection is:

 

Through-Block Connection Linear Footage	Additional Building Height
	/ECO
200 linear ft. or less	24 ft.
201 linear ft. to 350 linear ft.	36 ft.
Greater than 350 linear ft.	48 ft.

 

 

Notes

831	Added, Bill No. 150505 (approved December 1, 2015).
832	Enrolled bill read "...this § 15-702(15)...."; renumbered by Code editor.

(16) Green Roof. 833

A dwelling unit density bonus, described in § 14-702(16)(b), below, may be earned by providing a green roof on a property that meets the conditions of subsection (a) (Criteria), below.

(a)   Criteria.

(.1)   The building shall meet either of the following requirements:

(.a)   For new buildings, the building's construction requires a minimum of 5,000 sq. ft. of earth disturbance as determined by the Water Department; or

(.b)   For existing buildings or expansions of existing buildings, the building requires a minimum building footprint of 5,000 sq. ft.

(.2)   The roof must be partially or completely covered with a green roof that meets the Water Department's design standards.

(.3)   The applicant must execute and record a deed restriction in favor of the City, approved as to form by the Law Department, which requires the green roof to be constructed and maintained, at a minimum, in accordance with the manufacturer's guidelines, where applicable, and with Water Department standards, for the life of the building; and which allows the City to inspect the green roof for, or demand proof of, continued compliance with those requirements.

(.4)   The green roof must cover at least sixty percent (60%) of the rooftop of the building wherein dwelling units are provided.

(.5)   The green roof must be safely accessible and made available for inspection with reasonable notice given by the City.

(.6)   The green roof may not be used to qualify for reduced landscaping for parking lots pursuant to § 14-803(5)(e)(.2).

(.7)   The property is within an RM-1, CMX-1, CMX-2, or CMX-2.5 zoning district.

(b)   Dwelling Unit Density Bonus.  834

If the conditions set forth in subsection (a), above, are met, the number of units allowed is twenty-five percent (25%) greater than would otherwise be permitted, not including any other dwelling unit density bonuses earned, then rounded down to the nearest whole number. If any other dwelling unit density bonuses are earned, the total number of dwelling units permitted shall be determined by adding all such bonuses to the number of units that would otherwise be permitted under this Code, including this Green Roof Bonus.

 

Notes

833	Added, Bill No. 210075 (approved March 29, 2021).
834	Amended, Bill No. 210474-AA (approved October 6, 2021)