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§ 14-702. Floor Area And Height Bonuses.

The intent of the floor area bonus and building height bonus provisions are to encourage certain types of development and the creation of specific amenities in the public interest. These floor area and building height bonuses shall be available in the areas listed, and in return for the provision of design or amenities listed.

In order to be eligible for any floor area bonuses pursuant to this section:

(a) The property must be located in the RMX-3, CMX-3, CMX-4, or CMX-5 districts, and property located in those districts shall only be eligible for the bonuses indicated for that district in this § 14-702.

(b) If the property is located in the RMX-3, CMX-4, or CMX-5 districts, the property must have frontage on two streets at least 50 ft. wide or three streets at least 20 ft. wide.

(c) If the property is located in the CMX-3 district, it must be located in:

(.1) The Center City Commercial District Control Area, described in § 14-502(2)(b)(.29) , provided the property must have frontage on two streets at least 50 ft. wide or three streets at least 20 ft. wide;

(.2) The Old City Residential Area, Bridge Approach, described in § 14-502(2)(b)(.17); or

(.3) An area where the Transit Oriented Development (TOD) regulations of § 14-513 apply.

(d) Projects may use more than one bonus option unless specifically stated otherwise in this section.

(e) Property located in the /CDO overlay district or the /ECO overlay district shall be eligible for floor area bonuses, provided the subject property is a minimum of three acres and further provided that any bonus category used to earn additional floor area shall not be the same as any bonus category used to earn additional height.

In order to be eligible for any height bonuses pursuant to this section, the property must be located in the /CDO overlay district and must be subject to the height restrictions of § 14-507(6)(b) or the property must be located in the /ECO overlay district and must be subject to the height restrictions of § 14-519(4)(b).

The following table summarizes the floor area bonus options in this section. In the event of conflict between the provisions of Table 14-702-1 and the text of this Zoning Code, the text shall govern.

Table 14-702-1: Floor Area Bonus Summary {For a printable PDF version, click HERE}

Bonus Category

Additional Gross Floor Area, as Percent of Lot Area

(see § 14-701(2) (Residential District Dimensional Tables) and § 14-701(3) (Commercial Districts Dimensional Table) for the maximum allowed base floor area ratios for each district.)

RMX-3

CMX-3 as provided in

§ 14-702(2)(c)

(except in /TOD)

CMX-3

(within /TOD only)

CMX-4

CMX-5

Public Art (§ 14-702(5))

N/A

N/A

N/A

50%

100%

Public Space (§ 14-702(6))

N/A

N/A

Up to 50%

Up to 200%

Up to 400%

Mixed Income Housing

(§ 14-702(7))

Moderate Income

N/A

150%

200%

150%

300%

Low Income

N/A

250%

250%

250%

400%

Transit Improvements (§ 14-702(8))

N/A

N/A

Up to 100%

Up to 200%

Up to 400%

Underground Accessory Parking and Loading (§ 14-702(9))

100%

N/A

50%

200%

200%

Green Building (§ 14-702(10))

N/A

Up to 100%

Up to 100%

Up to 200%

Up to 400%

The following table summarizes the building height bonus options in this section. In the event of conflict between the provisions of Table 14-702-2 and the text of this Zoning Code, the text shall govern.

Table 14-702-2: Building Height Bonus Summary {For a printable PDF version, click HERE}

Bonus Category

Additional Building Height

/CDO

/ECO

Public Art (§ 14-702(5))

Up to 12 ft.

Up to 12 ft.

Public Space (§ 14-702(6))

Up to 24 ft.

Up to 24 ft.

Mixed Income Housing

(§ 14-702(7))

Moderate Income

Up to 48 ft.

Up to 48 ft.

Low Income

Up to 60 ft.

Up to 60 ft.

Transit Improvements (§ 14-702(8))

Up to 72 ft.

N/A

Green Building (§ 14-702(10))

Up to 36 ft.

Up to 36 ft.

Trail (§ 14-702(11))

Up to 72 ft.

N/A

Street Extension (§ 14-702(12))

Up to 72 ft.

N/A

Retail Space (§ 14-702(13))

Up to 48 ft.

Up to 48 ft.

Stormwater Management (§ 14-702(14))

N/A

Up to 72 ft.

Through-Block Connection (§ 14-702(15))

N/A

Up to 48 ft.

(a) If the property is located in the RMX-3 district, the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to 100% of the lot area.

(b) If the property is located in the CMX-3 district, the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to 250% of the lot area.

(c) If the property is located in the CMX-4 district, the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to 700% of the lot area.

(d) If the property is located in the CMX-5 district the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to 800% of the lot area.

(e) If the property is located in the CMX-5 district, and is included in the Center City/University City Floor Area Ratio area (see § 14-701(3) (Commercial Districts Dimensional Table), the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to 1,200% of the lot area.

(f) All bonus floor area earned pursuant to this section must be used so that the property (a) complies with all dimensional standards applicable to the property (other than maximum gross floor area or floor area ratio) in § 14-701 (Dimensional Standards), including without limitation the maximum height for the property established in that section, and (b) complies with all other provisions of this Zoning Code, unless a specific exception to one or more of those requirements is listed in this Zoning Code.

(g) All bonus height earned pursuant to this section must be used so that the property (a) complies with all dimensional standards applicable to the property (other than maximum height) in § 14-701 (Dimensional Standards), including without limitation the maximum gross floor area or floor area ratio for the property established in that section, and (b) complies with all other provisions of this Zoning Code, unless a specific exception to one or more of those requirements is listed in this Zoning Code.

(h) The height bonuses in this § 14-702 may be used in combination to earn up to:

(.1) 144 ft. of building height in the /CDO overlay;

(.2) 84 ft. of building height in the area of the /ECO overlay bounded by 2nd Street, Spring Garden Street, 9th Street, Callowhill Street, 7th Street, Willow Street, American Street, and Noble Street; and

(.3) 240 ft. of building height in the area of the /ECO overlay bounded by 2nd Street, Noble Street, American Street, Willow Street, 7th Street, and Callowhill Street.

The bonus for public art is a mechanism to expand and enrich the public's experience and enjoyment of buildings and public space and to create buildings and public space that is designed and executed with diverse and high quality materials, activities, and furnishings. In order to comply with this subsection, all of the following conditions must be met:

(a) Qualifying Criteria.

(.1) Qualifying Items.

The items or programs provided to earn this bonus must meet the definition of "On-site Public Art" or "On-site Cultural Programming" in Chapter 14-200 (Definitions). It is not the intention of these requirements to allow decorative, ornamental, or functional elements of the building or public space that are not designed by an artist and created specifically for the site, nor to have landscaped areas or other furnishings or elements required by this Zoning Code, to qualify as part of the public art requirement.

(.2) Commercial Activity Does Not Qualify.

Items, functions, and events for which an admission, viewing, or participation fee is charged, such as theatrical productions, movies, commercial art galleries, exhibits of items for sale; or that are primarily designed to advertise or promote a commercial good or service, do not satisfy the requirements of this § 14-702(5) (Public Art).

(.3) Location.

Public art shall be located upon the building or within public spaces created to meet the requirements of § 14-702(6) (Public Space), § 14-702(8) (Transit Improvements), or § 14-702(9) (Underground Accessory Parking and Loading). Public art may be provided within the public sidewalk if authorization from the City is obtained and if the public art does not impair pedestrian movement within the sidewalk.

(.4) Cost.

The applicant shall provide public art at an amount equal to at least 1% of hard construction costs.

(.5) Agreement and Financial Security.

In order to expedite the development review and approval process, an applicant for a floor area bonus pursuant to this § 14-702(5) may sign an agreement with the Art Commission committing to provide, install, and endow public art as required by this § 14-702(5) and posting financial security at least equal to the cost of the required public art pursuant to § 14-702(5)(a)(.4) (Cost) above. After signing an agreement in a form acceptable to the City and posting financial security in a form acceptable to the City, the applicant shall be deemed to have satisfied the requirements of this § 14-702(5) (Public Art) subject to all other requirements of this § 14-702 (Floor Area Bonuses).

(.6) Establishment of Endowments.

The method of establishment of an endowment of a trust or other legally binding mechanism to permanently fund cultural programming to meet the requirements of this section shall be approved by the Art Commission.

(b) Approval Criteria.

(.1) In order to meet the requirements of this section, the applicant must have the proposed artist(s), and all public art and/or proposal for cultural programming approved either by the Art Commission, pursuant to its standard review and approval procedures, or through an Art Selection Committee established pursuant to § 14-702(5)(c) (Art Selection Committee).

(.2) The Art Selection Committee or the Art Commission, depending on the manner of review and approval chosen by the applicant, shall have the final approval of the artist and all public art submitted to meet the requirements of this § 14-702(5)(b) (Approval Criteria).

(.3) The Art Selection Committee or the Art Commission, depending on the manner of review and approval chosen by the applicant, may, upon request of the applicant, assist in the selection of an artist or artists for the project and/or the selection of an arts coordinator for the project.

(.4) Final determination as to what items, works, materials, media, infrastructure, support services, etc., qualify as public art or as part of the cost of public art, shall rest with the Art Selection Committee or the Art Commission, depending on the manner of review and approval chosen by the applicant.

(c) Art Selection Committee.

(.1) If the applicant chooses to use an Art Selection Committee, it shall consist of five members all of whom shall conform to one or more of the following criteria. At least two members of the committee shall be practicing artists from the visual or performing arts disciplines. All of the remaining members of the committee shall be either (i) an art educator from an accredited college or university, or (ii) a public arts administrator, or (iii) a curator of an institution of art, or (iv) a registered architect or landscape architect, but no more than one of the remaining members may be from each of those disciplines.

(.2) Upon the submission of an Art Selection Committee for review by L&I, the applicant shall also submit the list for proposed committee members to the Art Commission. The Art Commission shall then have 30 days to review the qualifications of proposed committee members and to advise L&I in writing as to its recommendations regarding the qualifications and composition of the committee.

(d) Bonus Floor Area or Building Height.

The additional gross floor area or building height earned for providing public art is:

Additional Gross Floor Area,

as Percent of Lot Area

Additional Building

Height

CMX-4

CMX-5

/CDO

/ECO

50%

100%

12 ft.

12 ft.

The public space bonus may be earned by providing (1) open space, public parks, or public plazas or (2) a public room. Public open space, public parks or public plazas provided to earn a floor area or height bonus shall count towards the required open area. Public space provided to earn a floor area or height bonus under this subsection shall not be counted toward a public art requirement unless it is designed by an artist and is approved through the public art process in § 14-702(5) (Public Art).

(a) Qualifying Criteria for Open Space, Public Parks, and Public Plazas.

A floor area bonus or height bonus may be earned by providing open space, public parks, or public plazas, provided they meet the following qualifying standards:

(.1) The space shall be open to the sky, except for arbors and trellises.

(.2) The space shall include a minimum of 5,000 sq. ft. of contiguous area.

(.3) The space shall 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.

(.4) No more than 50% of the space shall be located more than three ft. above the level of the sidewalk adjacent to the lot containing the space.

(.5) The space may not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements.

(.6) The space shall include trees, landscaped areas, walkways, seating, water features, or similar elements. A minimum of 30% of the space shall be landscaped and may incorporate a water feature. All elements shall be appropriately scaled and designed to enhance the space.

(.7) Water features shall meet the following criteria:

(.a) The feature shall be located in a public space.

(.b) The feature may consist of fountains, water walls, water channels, water sculptures, pools, or ponds.

(.c) The water feature shall be appropriately scaled and designed to enhance the space.

(.d) The water feature shall be in operation from at least April 1 through October 30 each year, between the hours of 8:00 a.m. and 9:00 p.m, daily.

(.e) The water feature shall not be counted toward a public art requirement unless it is designed by an artist and is approved through the public art process in § 14-702(5) (Public Art).

(.8) Landscaped areas and trees shall be subject to the requirements of § 14-705 (Landscape and Trees). At least one tree shall be provided for every 1,000 sq. ft. of public space in addition to those required by § 14-705 (Landscape and Trees).

(.9) Lighting shall be provided in the space. 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 every 500 sq. ft. of public space and lighting shall be provided along walkways at 100 ft. intervals. Lighting design shall be subject to the requirements of § 14-707 (Outdoor Lighting).

(.10) The space shall be connected to a sidewalk, but may not disrupt the continuity of an existing street wall.

(.11) The space shall be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m. daily.

(.12) The public open space, park, or plaza shall be located so as to receive natural light during the day.

(b) Qualifying Criteria for Public Rooms.

A floor area bonus or height bonus may be earned by providing a public room, provided it meets the following minimum standards:

(.1) The space is within a building that allows for year-round, climate controlled use by the public and that has access to the public street, transit concourses or transit stations either directly or through another connecting area open to the public.

(.2) The space shall 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.

(.3) The space shall include a minimum of 5,000 sq. ft. of contiguous floor area and shall have a minimum unobstructed height of 24 ft.

(.4) All or part of the space may be located at the level of any transit concourse or transit station to which it has direct access, or at any level between the level of that transit station or concourse and ground level.

(.5) The space may not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements.

(.6) The space must include access to a public amenity, such as retail sales, libraries and cultural exhibits, eating and drinking establishments, public restrooms, or other attraction. Spaces that simply serve as a lobby for the transit concourse or building tenants do not qualify.

(.7) Seating shall be provided within the space.

(.8) The space shall be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m. daily.

(c) Approval Criteria.

(.1) Planning Commission Review.

(.a) In addition to the qualifying criteria of § 14-702(6)(a) and § 14-702(6)(b), L&I shall not issue a building permit until the Commission has reviewed the proposed public open space, public park, public plaza, or public room subject to this bonus and determined that, in the opinion of the Commission:

(.i) The design of the space will beneficially serve the public interest in terms of pedestrian access, overall layout, and provided amenities; and

(.ii) The space includes a suitable amount of lighting, trees, landscaped areas, walkways, seating, water features, or similar elements, as applicable, and that these elements are appropriately located so as to maximize the utility of the space.

(.b) The Commission shall have 30 days upon receipt by the Commission of an application to review all proposed public open space, public parks, public plazas, or public rooms subject to this bonus; after the 30-day review period has passed, the approval of the Commission shall be presumed.

(.2) Restrictive Covenant.

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 all applicable open spaces, public parks, public plazas, and public rooms to be constructed and maintained, consistent with the requirements of this § 14-702(6), for the life of the building.

(d) Bonus Floor Area or Building Height.

The additional gross floor area or building height earned by providing public space is:

Amount of Public Space as Percentage of Lot Area

Additional Gross Floor Area, as Percentage of Lot Area

Additional Building Height

CMX-3

(within /TOD only)

CMX-4

CMX-5

/CDO

/ECO

10-15% of lot area

30%

100%

200%

N/A

N/A

16-20% of lot area

40%

150%

300%

12 ft.

12 ft.

21-30% of lot area

50%

200%

400%

24 ft.

24 ft.

(a) Affordability.

A floor area or height bonus, as applicable, may be earned by providing affordable housing at the following levels of affordability.

(.1) Moderate Income.

(.a) Moderate Income rental units shall:

(i) Have total monthly costs (including rent and utility costs) that do not exceed 30% of gross monthly income for households earning up to 80% of the Area Median Income (AMI), adjusted for household size, as reported by the U.S. Department of Housing and Urban Development (HUD) for the Philadelphia Metropolitan Fair Market Rent Area; and

(ii) Be occupied by households earning up to 80% of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Fair Market Rent Area.

(.b) Moderate Income owner-occupied units shall:

(i) Have a maximum sale and resale price, during the term of affordability, calculated on the basis of a down payment of no more than 5% of the purchase price, a fixed rate 30 year mortgage, consistent with the average monthly rate published from time to time by Freddie Mac, and total monthly costs (including mortgage principal and interest, property taxes, property insurance, and condominium or homeowner association fees) that do not exceed 30% of gross monthly income for households earning up to 100% of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Primary Metropolitan Statistical Area;

(ii) Be sold to one or more members of a household earning up to 100% of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Primary Metropolitan Statistical Area at the time of sale; and

(iii) Be the principal residence of at least one person who owned the unit during the period of affordability.

(.2) Low Income.

(.a) Low Income rental units shall:

(i) Have total monthly costs (including rent and utility costs) that do not exceed 30% of gross monthly income for households earning up to 60% of the Area Median Income (AMI), adjusted for household size, as, as reported by HUD for the Philadelphia Metropolitan Fair Market Rent Area; and

(ii) Be occupied by households earning up to 60% of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Fair Market Rent Area.

(.b) Low Income owner-occupied units shall:

(i) Have a maximum sale and resale price, during the term of affordability, calculated on the basis of a down payment of no more than 5% of the purchase price, a fixed rate 30 year mortgage, consistent with the average monthly rate published from time to time by Freddie Mac, and total monthly costs (including mortgage principal and interest, property taxes, property insurance, and condominium or homeowner association fees) that do not exceed 30% of gross monthly income for households earning up to 80% of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Primary Metropolitan Statistical Area.

(ii) Be sold to one or more members of a household earning up to 80% of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Primary Metropolitan Statistical Area at the time of sale; and

(iii) Be the principal residence of at least one person who owned the unit during the period of affordability.

(b) Criteria.

A floor area bonus or height bonus, as applicable, may be earned by providing affordable housing, provided that it meets the following standards:

(.1) At least 10% of a minimum of five residential dwelling units constructed using base floor area ratio shall be affordable, as defined in § 14-702(7)(a)(.1) or § 14-702(7)(a)(.2), above.

(.2) This bonus is not available to developers of subsidized housing where 51% or more of the dwelling units will be affordable as defined by § 14-702(7)(a)(.1) or § 14-702(7)(a)(.2).

(.3) Affordable units shall be affordable, as defined in § 14-702(7)(a)(.1) or § 14-702(7)(a)(.2), for a term of not less than 15 years with future sales, affordability, compliance, and certain legal remedies within such period governed by a restrictive covenant or long-term ground lease approved by the Law Department before the issuance of a building permit.

(.4) Affordable units shall be constructed and available at the same time as market-rate units and reasonably dispersed throughout the development or as provided by a restrictive covenant benefiting the City of Philadelphia.

(.5) Affordable units shall be comparable to market-rate units in exterior and interior building materials and finishes; overall construction quality; and energy efficiency, or as provided by the City of Philadelphia.

(.6) An owner or applicant of a building with a principal residential use may choose to make a payment in lieu of building affordable units. The City shall select the 10% of the units to be constructed to be considered as qualifying units and calculate the required payment amount. The owner or applicant shall provide the City with any requested documentation necessary to calculate the payment amount. The in lieu payment will be contributed to the Philadelphia Housing Trust Fund and shall, per qualifying unit, be calculated using the lesser of § 14-702(7)(b)(.6)(.a) or § 14-702(7)(b)(.6)(.b) for 10% of the development's total residential units or a minimum of five units, whichever is greater.

(.a) The amount that a household at either 60% or 80% of AMI, as determined by the bonus earned, adjusted for household size, as reported by HUD for the Philadelphia Primary Metropolitan Statistical Area, could afford to pay for the purchase of a qualifying unit; or

(.b) The average cost of constructing a qualifying unit.

(c) Bonus Floor Area or Building Height.

The additional gross floor area or building height earned for providing mixed-income housing is:

Affordability Level

Additional Gross Floor Area, as Percentage of Lot Area

Additional Building Height

CMX-3 as provided in § 14-702(2)(c)

(except in /TOD)

CMX-3

(within /TOD only)

CMX-4

CMX-5

/CDO

/ECO

Moderate Income

150%

200%

150%

300%

48 ft.

48 ft.

Low Income

250%

250%

250%

400%

60 ft.

60 ft.

(a) Criteria.

A floor area bonus or building height bonus, as applicable, may be earned by improving, connecting to, constructing or extending a rail, subway, or trolley transit station or stop, concourse, or water taxi station, provided that the project meets the following standards:

(.1) The applicant shall submit a letter from the appropriate transit authority confirming that the transit authority approves the portion of the project that will be constructed on its property.

(.2) Qualifying improvements made by the applicant may include any of the following:

(.a) New access easements or improvements to connecting passageways, mezzanines, or concourse areas;

(.b) Constructing a new rail, subway, trolley transit or water taxi station;

(.c) Extending the concourse of an existing rail, subway, or trolley transit station or expanding an existing water taxi station;

(.d) Permanent structural improvements, not including routine maintenance or repairs, to an existing rail, subway, trolley transit, or water taxi station or stop; or

(.e) Streetscape improvements in excess of the minimum code requirements that enhance pedestrian and bicycle connections to an existing rail, subway, trolley transit, or water taxi station or stop. Streetscape improvements provided to earn the transit improvement bonus shall be approved by the Commission for the provision of safe and attractive pedestrian and bicycle routes to transit.

(.3) For the /CDO overlay district, transit improvements may be located within 1,320 ft. of the district.

(.4) The applicant shall post a bond or letter of credit in an amount equal to 100% of the estimated cost of constructing the transit improvements in a form and with financial entities acceptable to the City or its designee. The required transit 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.

(b) Bonus Floor Area or Building Height.

The additional gross floor area or building height earned by providing transit improvements is:

Additional Gross Floor Area, as Percentage of Lot Area

Additional Building Height

CMX-3

(within /TOD only)

CMX-4

CMX-5

/CDO

25% of lot area per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 100% of lot area

50% of lot area per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 200% of lot area

100% of lot area per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 400% of lot area

12 ft. per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 72 ft.

(a) Criteria.

A floor area bonus may be earned by providing underground accessory parking, regardless of whether that accessory parking is required by Chapter 14-800 (Parking Design Standards). The intent of this section is not to expand the supply of parking in the RMX-3, CMX-4, or CMX-5 districts, but to encourage parking permitted by this Zoning Code to be constructed underground rather than at surface level or above ground. The bonus is available if the project meets the following standards:

(.1) At least 75% of the accessory parking constructed shall be for the use of residents or occupants of the project, and no more than 25% of the spaces shall be rented on a daily, weekly, monthly, long-term, or any other term to any non-resident or non-occupant of the premises. This shall not prohibit the building owner from billing building residents and occupants for parking spaces separately from rent or other expenses.

(.2) All of the accessory parking constructed shall be located below grade.

(.3) The underground parking constructed must contain a gross floor area (including ramps) equal to at least 50% of the gross floor area of the ground floor of the primary building on the property where the underground parking is located.

(.4) None of the bonus space gained from underground parking may be used to construct additional parking.

(b) Bonus Floor Area.

The additional gross floor area earned by providing underground accessory parking is:

Additional Gross Floor Area, as Percentage of Lot Area

RMX-3

CMX-3

(within /TOD only)

CMX-4

CMX-5

100%

50%

200%

200%

(a) Criteria.

(.1) The applicant has submitted documentation sealed by a LEED-AP professional confirming that the building or site has been designed for certification at the LEED Platinum or Gold levels, or certification by an equivalent green building or neighborhood development rating system as approved by the Commission, and that preliminary review of project design and elements confirm that it will earn enough points to be certified at that level by an appropriate certifying agency.

(.2) The applicant has signed an agreement with the City confirming that the building or site will complete the LEED certification and commissioning process at the Platinum or Gold level, and that if the building or site fails to be commissioned at the level for which the bonus has been awarded, the applicant will either:

(.a) Make improvements to the design, equipment, or operation until commissioned at that level, or

(.b) Be in violation of this Zoning Code and subject to those penalties provided in § 14-306 (Enforcement).

(b) Bonus Floor Area or Building Height.

The additional gross floor area or building height earned for a certified green building is:

Level of LEED Certification

Additional Gross Floor Area,

as Percentage of Lot Area

Additional Building

Height

CMX-3 as provided in

§ 14-702(2)(c)

CMX-4

CMX-5

/CDO

/ECO

Gold

50%

100%

200%

24 ft.

24 ft.

Platinum

100%

200%

400%

36 ft.

36 ft.

(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) 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; this subsection shall not apply to emergency vehicles.

(.h) The applicant shall post a bond or letter of credit in an amount equal to 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.

(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 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.

(a) Criteria.

(.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, day care, or library and cultural exhibits use category.

(.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, day care, or library and cultural exhibits use category for a term of 15 years, or the life of the building, whichever is less.

(.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.

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 48 ft.

12 ft. per each 5,000 sq. ft. of retail floor area provided, up to maximum of 48 ft.

For properties that contain least 15,000 sq. ft. of lot area, the 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) shall count towards the required open area, but shall not be used to satisfy the bonus requirements of § 14-702(6) (Public Space).

(a) Criteria for Open Space.

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 75% of the lot area located within 20 ft. of Willow Street.

(.3) The stormwater open space shall be at least 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 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.

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

(b) Criteria for Managing Street Drainage.

A height bonus may be earned by managing the street drainage in the stormwater open space or through other stormwater management systems on the property, provided that the Water Department confirms that the stormwater management system meets the applicable stormwater management requirements of this § 14-702(14) and all other applicable stormwater management requirements.

(c) Bonus Building Height.

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

Open Space Management Requirements

Additional Building Height

/ECO

The stormwater open space meets the requirements of § 14-702(14)(a).

24 ft.

Street Drainage Management Requirements

Additional Building Height

/ECO

The stormwater open space meets the requirements of § 14-702(14)(b).

12 ft. for every 20% of street drainage area managed, up to a maximum of 48 ft.

(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), 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 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.

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