Sec. 54-299.32. - Incentive options.
Height and density bonuses are available to owners who achieve a predetermined sum of incentive option points. The options for achieving points are identified in Table 1: Incentive Options. The number of points required to achieve a bonus for one (1) building is set out in Table 2: Building Height and Density Bonuses.
Table 1: Incentive Options
Incentive Options | Description | Point Value | Maximum Allowable Points
1 | Stormwater Management | Decrease Stormwater Runoff and Impervious Surfaces | 2 | 2
2 | Vegetated Green Roof | Vegetated Green Roof (greater of, 700 ft 2 or 30%) | 1
Vegetated Green Roof (greater of, 1,500 ft 2 or 60%) | 2 | 2
3 | Building Certification Programs | LEED Silver | 2
LEED Gold or Charleston RISES | 6
LEED Platinum | 8 | 8
4 | Mobility and Transportation | Alternative Transportation | 1 | 1
Exceptional Bicycle Parking and Facilities | 1 | 1
Contribute to Mobility Improvement Fund | varies | varies
5 | Renewable Energy | Renewable Energy (5 kW System) | 1
Renewable Energy (12 kW System) | 2 | 2
6 | Outdoor Public Space | Quality Outdoor Public Space (2,500—5,000 ft 2 ) | 1-2
Quality Outdoor Public Space (5,000 ft 2 —20,000 ft 2 ) | 2-3
Quality Outdoor Public Space (20,000 ft 2 or more) | 3-4 | 4
7 | Workforce Housing | Workforce Housing 60% AMI (greater of, 10 units or 5%) | 2
Workforce Housing 80%, 120% AMI (greater of, 15 units or 10%) | 3
Workforce Housing 80%, 120% AMI (greater of, 25 units or 15%) | 4 | 9
TOTAL AVAILABLE POINTS | 29
Table 2: Building Height and Density Bonuses
Building Height | Density | Points Required
four (4) stories | 26.4 dwelling units per highland acre | zero (0) points
five (5) stories | not regulated | five (5) points
six (6) stories | not regulated | six (6) points
seven (7) stories | not regulated | seven (7) points
eight (8) stories | not regulated | eight (8) points
nine (9) stories | not regulated | nine (9) points
ten (10) stories | not regulated | ten (10) points
eleven (11) stories | not regulated | eleven (11) points
twelve (12) stories | not regulated | twelve (12) or more points
General requirements for incentive options
(a) For each building on a site utilizing bonuses, any combination of the seven (7) incentive options is allowed, up to the maximum allowable points per option as indicated in Table 1, unless otherwise noted. A site is defined by its parcel lines.
(b) A certificate of occupancy for any building utilizing bonuses will not be issued until all incentive options are verified by necessary documentation and field inspections.
(c) If the owner cannot achieve the points originally set out to, the owner shall be required to substitute incentive options to earn all points necessary for the height before a certificate of occupancy will be issued.
(d) Each point approved may only be redeemed once.
(e) Owners may choose to implement incentive options onsite in advance of development, allowing for projects to be phased. Any preexisting incentive options will still be verified for compliance.
(f) Each incentive option has its own specific requirements regarding where on the site the option may be implemented as some are building specific and some are site specific; please refer to each individual section for this information.
(g) Each incentive option has its own specific requirements regarding how its points may be redeemed on the site as some are building specific and some are site specific; please refer to each individual section for this information.
(h) All incentive options used toward height and/or density bonuses shall remain in place and be maintained for the life of the building utilizing the bonus, unless otherwise noted.
(i) Each building that utilizes height bonuses to exceed four (4) stories or density bonuses and includes residential uses shall provide owner occupied workforce housing units for qualified households whose household income does not exceed one hundred twenty (120%) percent of AMI and/or rental workforce housing units for qualified households whose household income does not exceed eighty (80%) percent of AMI that total at minimum ten (10%) percent of the number of residential units in the building, rounded up to the next whole number, and subject to all applicable requirements and definitions in Part 17 - Upper Peninsula District, particularly Section 54-299.32, 7) Workforce Housing. The aforementioned workforce housing units are eligible to earn incentive option points should all requirements to earn points be met.
1) Stormwater Management. Urban landscapes often feature expansive areas of impervious surfaces such as roadways, parking lots, sidewalks and rooftops that increase surface runoff and reduce infiltration. Management of stormwater as close to its source as possible by way of low impact development infiltration techniques recharges the water table via infiltration and reduces stormwater runoff. Reducing stormwater runoff lessens the amount of water entering the City's stormwater system, thus reducing the potential for flooding issues and the demand on City infrastructure. Low impact development systems recreate the predevelopment site hydrology through site design techniques that promote storage, infiltration, evaporation, and treatment of stormwater runoff onsite. Low impact development can be both an aesthetically pleasing and a functional way of managing stormwater at the source.
Requirements: Decrease Stormwater Runoff and Impervious Surfaces
For two (2) points, design, construct, and maintain low impact development stormwater management systems that handle rainfall onsite, and prevent the offsite discharge of at least one (1) inch of stormwater runoff from the site's total area. Impervious surfaces shall not exceed sixty five (65%) percent of the surface area of the entire site.
For purposes hereof, impervious surfaces means a surface that does not allow water to penetrate. Examples of impervious surfaces include asphalt, rooftops and concrete. For purposes hereof, all other surfaces shall be considered pervious surfaces.
The design, construction and maintenance of the system shall adhere to the recommendations of the Guide, a copy of which is available in the Department of Planning and Preservation (hereafter the "Department"). Approved systems include, but are not limited to, bioretention cells, permeable pavement, stormwater infiltration, vegetated green roofs, rainwater harvesting and impervious surface disconnection.
No more than two (2) points per site may be awarded for this incentive option.
General requirements
(a) The design of all low impact development systems shall follow the specifications and guidelines listed in the Guide, to include specifications pertaining to contaminated soils and guidelines for plant selection and installation. Runoff reduction rates provided for the Coastal Zone Credit Approach as outlined in the Guide will be recognized for meeting the prevention of the above offsite discharge requirement.
(b) The creation of wetlands, open channels and surface retention or detention facilities (i.e. ponds), as defined in the Guide, are not permitted.
(c) All low impact development systems shall have appropriate stormwater educational signage, approved by the Department and any applicable review boards, displayed in a prominent location.
(d) Owners availing themselves of this incentive shall be required to sign a Maintenance and Operation Agreement which, among other things, will require continued maintenance of the system and a yearly inspection and report on the condition and functionality of the system by an engineer licensed by the State of South Carolina, the cost of which shall be borne by the property owner. Any deficiencies revealed by the inspection shall be corrected in a timeframe established by the City. The Agreement shall be in recordable form, and at the option of the City, may be recorded in the RMC Office for Charleston County. The City may choose to perform additional inspections at its discretion at no cost to the property owner.
(e) Certificate of occupancy. If the committed points in this category are not achieved, the owner shall be required to substitute incentive options and earn all points necessary to justify bonuses before a certificate of occupancy will be issued.
(f) Longevity. The stormwater management system(s) shall exist and be maintained for the life of the corresponding building(s) utilizing bonuses.
(g) Implementation. This incentive option is not limited to being located in, on or around a specific building, but does need to be located onsite.
(h) Point redemption. Points earned from this incentive option may be applied to any building on the site, in any full point increment.
2) Vegetated Green Roof. Urban greening in the form of vegetated green roofs reduces stormwater runoff and flooding, mitigates the urban heat island effect, creates a sanctuary for wildlife, adds aesthetic beautification, can extend the life of the roof and can improve energy efficiency of the building by acting as an insulator. Vegetated green roofs can be installed on a wide range of buildings and are an ideal best management practice for urban sites, especially those which may be contaminated.
Requirements: Vegetated Green Roof
Install and maintain a vegetated green roof. The vegetated green roof surface area need not be contiguous to allow flexibility for mechanical equipment and other necessary or desired roof infrastructure.
For one (1) point, incorporate and maintain a vegetated green roof onsite that is the greater of: (1) seven hundred (700) square feet; or (2) thirty (30%) percent of total roof area of the building utilizing bonuses.
OR
For two (2) points, incorporate and maintain a vegetated green roof onsite that is the greater of: (1) one thousand five hundred (1,500) square feet; or (2) sixty (60%) percent of total roof area of the building utilizing bonuses.
There are two (2) types of allowable vegetated green roof systems: modular and layered.
System type requirements
Modular System Type: The following components, in order, shall be included in all modular systems:
(a) Waterproofing layer, to prevent water damage to the roof. This layer can be the roof itself, in some cases.
(b) Root barrier slip sheets to protect the waterproofing membrane from root penetration.
(c) Engineered plastic container made from recycled plastic with built-in water retention, drainage holes and raised drainage channels designed specifically for vegetated green roofs.
(d) Growing media, engineered to be lightweight and to support a range of vegetated green roof plant growth and resilience (e.g. extreme conditions).
(e) Vegetation layer, to include plants specified for vegetated green roof and climate conditions.
(f) An irrigation system.
Layered System Type: The following components, in order, shall be included in all layered systems:
(a) Waterproofing layer to prevent water damage to the roof. This layer can be the roof itself, in some cases.
(b) Root barrier slip sheets to protect the waterproofing membrane from root penetration.
(c) Drainage layer, to consist of a combination of a (non-woven) geotextile fabric that is placed or glued on top of a waffled rigid plastic sheet with drainage holes throughout.
(d) Root permeable filter fabric, a semi-permeable layer that prevents growing media from entering the drainage layer and clogging it.
(e) Growing media, engineered to be lightweight and to support a range of vegetated green roof plant growth and resilience (e.g. extreme conditions).
(f) Vegetation layer, to include plants specified for vegetated green roofs and climate conditions.
(g) An irrigation system.
General requirements
(a) Root barrier slip sheets. A minimum forty (40) mil thick slip sheet of EPDM, TPO or PVC or another material as recommended by the roof membrane manufacturer shall be installed as a root barrier layer. Root barriers which have been impregnated with pesticides, metals or other chemicals that could leach into stormwater runoff shall not be allowed in systems where the root barrier layer will come into contact with water or allow water to pass through the barrier.
(b) Growing media. Growing media shall be lightweight, absorbent and engineered specifically for vegetated green roofs. Growing media shall contain organic matter of approximately ten (10%) percent to thirty (30%) percent of the soil composition by volume.
(c) Depth. Growing media shall be four (4) inches or more deep. A standard four (4) inch modular unit is acceptable so long as it is filled with growing media as close to the top as possible.
(d) Planting plan. A planting plan shall be completed by a landscape architect, horticulturalist or other professional experienced with vegetated green roofs and Charleston's unique climate.
(e) Vegetation. Tolerant plant selections shall be used and should be suitable to Charleston's climate and able to withstand rooftop sensitivities such as strong winds, extreme heat and drought conditions.
i. A variety of at least five (5) different plant species representing at least two (2) different genera shall be used to maintain diversity. One genus shall not contain more than seventy five (75%) percent of the total vegetation.
ii. Guidelines for plant selection are listed in the Guide. It is imperative plant selection considerations are made specifically for Charleston's unique climate as a plant that does well in another climate may not work as well in Charleston.
iii. Pre-planted vegetation mats or already established mature plants shall be installed. Small plugs and seeds are difficult to establish on rooftops and shall be used sparingly only as appropriate for a species. Seeds cannot exceed a maximum of fifty (50%) percent of the total vegetated green roof surface area.
iv. Living vegetation shall cover at least fifty (50%) percent of the surface area of the vegetated green roof after the first three (3) months and throughout the remainder of the first year.
v. After the first year, living vegetation shall cover at least seventy (70%) percent of the surface area of the vegetated green roof and shall be maintained at that level for the life of the building(s) utilizing bonuses.
vi. Vegetation shall be replaced as needed to maintain the minimum vegetative surface coverage at all times to prevent roots from drying out and ensuring its success and effectiveness.
(f) Irrigation. A permanent programmable irrigation system and water access on roof shall be installed and shall include a rain sensor to ensure proper irrigation and avoid overwatering. The frequency of irrigation shall adhere to the recommendations in "Appendix A: Charleston Vegetated Green Roof Maintenance Manual" (hereafter the "Manual"), a copy of which is on file in the Department.
(g) Roof pitch. Flat or low sloping roofs are required to optimize stormwater collection and ease maintenance access. The slope of the vegetated green roof shall not exceed a rise:run ratio of 3:12 or a twenty five (25%) percent pitch.
(h) Separation of active and inactive zones. Vegetated green roofs which also offer pedestrian active areas (walkways and/or gathering areas) shall clearly delineate and demarcate pedestrian activity zones from inactive vegetated green roof zones to deter everyday foot traffic out of the vegetated green roof area.
(i) Drain collars. Drain collars and protective flashing shall be installed to ensure free flow of excess stormwater.
(j) Maintenance access. The vegetated green roof shall be setback a minimum of two (2) feet from all serviceable rooftop equipment allowing ample room for maintenance personnel to access rooftop mechanical equipment without disturbing the vegetation on the roof. A clear, vegetation free, maintenance route to all serviceable equipment shall be available and maintained.
(k) Maintenance. A maintenance plan that complies with the Manual shall be followed. At a minimum, for the first two (2) years, all maintenance shall be performed by experienced green roof personnel to help the vegetated green roof get established during its most sensitive growing period. Documentation of this contract shall be furnished to the Department.
(l) Inspection. Owners of property availing themselves of this incentive shall be required to sign a Maintenance and Operation Agreement which, among other things, will require continued maintenance of the green roof system and a yearly inspection and report on the condition and functionality of the green roof system by a third party experienced vegetated green roof professional, the cost of which, if any, shall be borne by the property owner. Any deficiencies revealed by the inspection shall be corrected in the timeframe established by the City. The Agreement shall be in recordable form, and at the option of the City, may be recorded in the RMC Office for Charleston County. The City may choose to perform additional inspections at its discretion at no cost to the property owner.
(m) Installation. An experienced installer shall construct the vegetated green roof.
(n) Signage. All vegetated green roofs shall have appropriate educational signage, approved by the Department, on the roof to inform users of the design and prevent accidental trampling of the vegetation. If the roof is not open for user access, the sign shall be placed in a more visible and highly used location to inform users of the system in place and its function.
(o) Data. The City shall be provided the approximate stormwater retention capacity of the designed system in gallons per square foot and the size of the system in square feet.
(p) Best practices and tips. For vegetated green roof design considerations and best practices, referencing the Guide is encouraged.
(q) Longevity. This incentive option shall exist and be maintained by the owner for the life of the corresponding building(s) utilizing bonuses.
(r) Implementation. This incentive option is not limited to being located in, on or around a specific building, but does need to be located onsite. However, the size requirement of a vegetated green roof specifically corresponds to the building utilizing bonuses.
(s) Point redemption. Points earned from this incentive option may be applied to any building on the site, in any full point increment.
3) Building Certification Programs. Green building certification programs address a broad range of sustainability goals which include, but are not limited to, energy efficiency, contaminated site cleanup, stormwater management and transportation options. There are two green building certification programs approved for this category: Charleston Resilient, Innovative, Sustainable, Efficiency Standards (Charleston RISES) and Leadership in Energy & Environmental Design (LEED).
Charleston Resilient, Innovative, Sustainable, Efficiency Standards (Charleston RISES): A Charleston specific green building certification program that recognizes best-in-class building strategies and practices relative to the unique needs of the Charleston area, the requirements for which can be secured from the Sustainability Institute.
Leadership in Energy & Environmental Design (LEED): A nationally accepted green building certification program that recognizes best-in-class building strategies and practices.
Requirements: Charleston Resilient, Innovative, Sustainable, Efficiency Standards (Charleston RISES)
For six (6) points, achieve certification in the Charleston RISES program for the building utilizing bonuses.
OR
Requirements: Leadership in Energy & Environmental Design (LEED)
For two (2) points, achieve LEED Silver certification in the Building Design and Construction category for the building utilizing bonuses.
OR
For six (6) points, achieve LEED Gold certification in the Building Design and Construction category for the building utilizing bonuses.
OR
For eight (8) points, achieve LEED Platinum certification in the Building Design and Construction category for the building utilizing bonuses.
General requirements (for all certification programs)
(a) The owner shall execute a restrictive covenant, recordable in form, committing to achieve the specified rating.
(b) The owner shall provide the Department with a copy of the completed registration for projects seeking rating.
(c) The owner shall submit a preliminary checklist to the Department indicating the measures the project intends to complete to meet the applicable requirement.(d) The owner shall submit to the Department the design review results and an updated checklist or scorecard indicating the project will be able to obtain certification by project completion.
(e) A third party certified inspector shall be chosen by the Department to follow the project and ensure it is on target to meet the certification goal. The owner shall be responsible for funding up to four (4) inspections and all final certification meetings as needed.
(f) Points for incomplete or partial certification shall not be awarded.
(g) The owner shall provide written proof of the certification from the authorized inspector to the Department prior to receiving a permanent certificate of occupancy.
(h) For projects demonstrating good faith progress toward earning certification, a one-time temporary certificate of occupancy of up to one hundred twenty (120) days may be issued, subject to the approval of the Building Inspector.
(i) Certificate of occupancy. If an owner fails to meet certification after a temporary certificate of occupancy expires, the owner shall be required to substitute incentive options to earn all points necessary for bonuses granted before a permanent certificate of occupancy will be issued. All such substitutions shall be completed within the time specified by the Department, or the certificate of occupancy (temporary or permanent) shall be revoked.
(j) Longevity. All post construction components of the certification system shall exist and be maintained by the owner for the life of the corresponding building utilizing bonuses.
(k) Implementation. This incentive option directly correlates to a specific building, meaning the certification program needs to be associated with the building utilizing bonuses.
(l) Point redemption. Points earned from this incentive option may only be applied to its corresponding building and may not be applied to other buildings on the site.
4) Mobility and Transportation. Sustainable communities welcome, encourage and offer a variety of transportation options. Walking, bicycling, public transit and car sharing programs require significantly less space per traveler than do single ownership automobiles. When a variety of bicycle parking options and other alternative methods of transportation are available, a reduction in vehicular parking can be justified.
Requirements: Alternative Transportation
For one (1) point, provide and maintain one (1) of the following onsite:
1. Install electric vehicle car charging stations (minimum Level 2 or DC fast charging) with appropriate signage for electric vehicles to provide service for four (4) vehicle parking spaces or five (5%) percent of total vehicle parking spaces for the building utilizing bonuses, whichever is greater.
2. Incorporate a car share program with appropriate signage and car capacity totaling four (4) vehicle parking spaces or five (5%) percent of total vehicle parking for the building utilizing bonuses, whichever is greater.
3. Incorporate a mix of car share and electric vehicle charging stations (minimum Level 2 or DC fast charging) with appropriate signage to provide service for four (4) vehicle parking spaces or five (5%) percent of total vehicle parking for the building utilizing bonuses, whichever is greater.
General requirements
(a) Certificate of occupancy. If the committed points in this category are not achieved, the owner shall be required to substitute incentive options and earn all points necessary to justify bonuses before a certificate of occupancy will be issued. (b) Longevity. This incentive option shall exist and be maintained by the owner for the life of the corresponding building utilizing bonuses.
(b) Implementation. This incentive option directly correlates to a specific building, meaning the alternative transportation options need to be associated with the building utilizing bonuses.
(c) Point redemption. Points earned from this incentive option may only be applied to its corresponding building and may not be applied to other buildings on the site.
Requirements: Exceptional Bicycle Parking and Facilities
This option, designed for long-term, overnight and work-day bicycle storage, is only available for buildings in which more than fifty (50%) percent of the gross square footage is dedicated to residential and/or office use.
For one (1) point, provide and maintain the following:
(a) Reduce vehicle parking requirements. Minimum vehicle parking requirements may be reduced at the rate of one (1) vehicle space per every six (6) bicycle spaces, up to a maximum of ten (10%) percent of vehicle parking requirements for the building.
(b) Bicycle Parking and Facilities.
For residential
Provide an onsite enclosed and covered bicycle parking room that is secure and ventilated and which can accommodate one (1) bicycle parking space per three bedrooms, rounded up to the next whole number. A studio unit shall count as one (1) bedroom for the purpose of this calculation. The facility shall include a bicycle work stand, a basic set of bicycle repair tools and an air pump. The use of security cameras and/or security personnel is encouraged. Spaces within dwelling units do not count toward the bicycle parking requirement.
OR
For office
Provide an onsite enclosed and covered bicycle parking room that is secure and ventilated and which can accommodate one (1) bicycle parking space for every ten thousand (10,000) square feet of net office use, rounded up to the next whole number. The facility shall include a bicycle work stand, a basic set of bicycle repair tools and an air pump. The use of security cameras and/or security personnel, and the installation of a vending machine stocked with patch kits, inner tubes, drinks and energy bars are encouraged. A minimum of two (2) onsite showers with associated changing facilities, restrooms and lockers must also be provided within the bicycle parking room or in close proximity thereof.
OR
For mixed use office and residential
If there is mix of office and residential uses in the building, provide an onsite enclosed and covered bicycle parking room that is secure and ventilated and which can accommodate one (1) bicycle parking space per three (3) bedrooms, rounded up to the next whole number. plus one (1) bicycle parking space for every fifteen thousand (15,000) square feet of net office use, rounded up to the next whole number. A studio unit shall count as one (1) bedroom for the purpose of this calculation. Spaces within dwelling units do not count toward the bicycle parking requirement. The facility shall include a bicycle work stand, a basic set of bicycle repair tools and an air pump. The use of security cameras and/or security personnel is encouraged. A minimum of two (2) onsite showers with associated changing facilities, restrooms and lockers must also be provided within the bicycle parking room or in close proximity thereof.
General requirements
i. Bicycle rack selection criteria.
(a) Provide at least two (2) points of contact for a standard bicycle frame (racks that are designed to support a bicycle primarily by a wheel are not allowed).
(b) Have rounded surfaces and corners.
(c) Be coated in a material that will not damage the bicycle.
(d) Be securely anchored or fastened to a hardscape surface.
ii. Bicycle parking space dimensions.
(a) Accommodate a wide range of bicycle frame types and provide adequate space between bikes, especially those with wider handlebar stems. Each bicycle parking space shall be sufficient to accommodate a bicycle at least six (6) feet in length and two (2) feet wide.
(b) An aisle or other space shall be provided for bicycles to enter and leave the facility.
iii. Lighting and site materials.
(a) Lighting shall be provided such that all bicycle parking facilities are thoroughly illuminated and visible from adjacent sidewalks, parking lots or buildings during hours of use.
(b) Bicycle parking shall be located on a hard surface material such as concrete, asphalt, brick or other stable surface the rack can be securely fastened to.
(c) Signage shall demarcate the bicycle parking and be placed in a visible and highly used location to inform users of the system in place.
iv. Proximity to building entrances.
(a) Bicycle parking shall be located within close proximity to, or inside, the main building. Bicycle parking shall be located no further from the building's main or secondary entrance than the closest automobile parking space to that entrance or no more than fifty (50) feet away, whichever is closer.
(b) If required bicycle parking is not clearly visible from the main entrance of the building, wayfinding signs shall be posted at the primary entrances indicating the location of the parking.
v. Certificate of occupancy. If the committed points in this category are not achieved, the owner shall be required to substitute incentive options and earn all points necessary to justify bonuses before a certificate of occupancy will be issued. vi. Longevity. This incentive option shall exist and be maintained by the owner for the life of the corresponding building utilizing bonuses.
vii. Implementation. This incentive option directly correlates to a specific building, meaning the exceptional bicycle parking and facilities need to be associated with the building utilizing bonuses.
viii. Point redemption. Points earned from this incentive option may only be applied to its corresponding building and may not be applied to other buildings on the site.
Requirements: Mobility Improvement Fund
A Mobility Improvement Committee is hereby created, the sole purpose of which is to identify and prioritize for consideration by City Council needed alternative transportation improvements within or immediately adjacent to the District. The Committee shall be appointed by the Mayor and include two (2) members of City Council, one (1) representative from the Department of Planning, Preservation and Sustainability, the Department of Parks and the Department of Traffic and Transportation (or their respective successor Departments), and one (1) representative from the local area. The Committee shall select its own chair and meet at the call of the chair or upon the request of two (2) committee members.
There is hereby created a Mobility Improvement Fund. Deposits to the Fund shall be used for the sole purpose of assisting in the funding of transportation improvements for projects directly around the Upper Peninsula District. The Fund shall be maintained in an interest bearing account and administered by the Department of Budget, Finance and Revenue Collections. All projects funded by the Mobility Improvement Fund shall be approved by City Council. Transportation improvements relating to alternative types of transportation (other than single ownership automobiles) shall be given priority, however, projects can include, but are not limited to, protected bike lanes, covered bus stop shelters, signalization, signage, turning lanes and other transportation improvements deemed necessary by the committee for the Upper Peninsula. Transportation improvements do not include mitigation for impacts recommended by a traffic impact study required for a project.
For one (1) point, contribute the greater of, $25,000 or $0.60 per square foot of the total gross square footage of the building utilizing bonuses.
General requirements
(a) No more than fifty (50%) percent, rounded up to the nearest whole number, of a building's points can be earned by way of a contribution to the Mobility Improvement Fund.
(b) Certificate of occupancy. All contributions shall be complete prior to the issuance of a certificate of occupancy. If the committed points in this category are not achieved, the owner shall be required to substitute incentive options and earn all points necessary to justify bonuses before a certificate of occupancy will be issued.
(c) Longevity. All contributions are non-refundable.
(d) Implementation. This incentive option directly correlates to a specific building, meaning the amount of funds required needs to be associated with the size of the building utilizing bonuses.
(e) Point redemption. Points earned from this incentive option may only be applied to its corresponding building and may not be applied to other buildings on the site.
5) Renewable Energy. Renewable energy technologies are clean sources of energy that have a lower environmental impact than conventional energy technologies which are dependent on natural resources limited in availability. Renewable energy may include, but is not limited to, solar, wind, biomass and biogas.
Requirements: Renewable Energy
For one (1) point, incorporate a minimum five (5 kW) kilowatts onsite renewable energy system measured in direct current (DC) kilowatt (kW) units.
OR
For two (2) points, incorporate a minimum twelve (12 kW) kilowatts onsite renewable energy system measured in direct current (DC) kilowatt (kW) units.
General requirements
(a) The owner shall execute and provide the Department a restrictive covenant committing to achieve and maintain the specified rating.
(b) The owner shall provide the Department with certified evidence the system meets the capacity required and is functioning properly before a certificate of occupancy is given.(c) Certificate of occupancy. If the committed points in this category are not achieved, the owner shall be required to substitute incentive options and earn all points necessary to justify bonuses before a certificate of occupancy will be issued. (d) Longevity. This incentive option shall exist and be maintained to its full capacity by the owner for the life of the corresponding building(s) utilizing bonuses.(e) Implementation. This incentive option is not limited to being located in, on or around a specific building, but does need to be located onsite.(f) Point redemption. Points earned from this incentive option may be applied to any building on the site, in any full point increment.
6) Outdoor Public Space. High quality public spaces are important attributes of any thriving community. As a community grows, so too does the demand for additional outdoor space. Quality public places are thoughtfully designed to be accessible, comfortable, sociable and to provide a variety of activities. A quality outdoor public space provides a much needed alternative to the surrounding urban development. Outdoor public spaces may include, but are not limited to, parks, plazas and greenways.
Requirements: Quality Outdoor Public Space
Incorporate onsite contiguous outdoor space that is publicly accessible and privately maintained by the property owner. This space shall be preserved and protected in perpetuity by either a conservation easement held by a suitable entity and monitored annually or by irrevocable deed restrictions in favor of the City.
More than one (1) outdoor public spaces may be created per site, however no more than two (2) outdoor public spaces are eligible for incentive option points, per site.
For one (1) point, create a public space that is greater than or equal to 2,500 square feet that follows the general requirements
OR
For two (2) points, create a public space that is greater than or equal to 2,500 square feet that follows both the general requirements and exceptional requirements.
Size Bonus
For one (1) bonus point, create a public space that is greater than or equal to 5,000 square feet.
OR
For two (2) bonus points, create a public space that is greater than or equal to 20,000 square feet.
Table 3: Points Possible for Outdoor Public Space
Size of Public Space
≥ 2,500 ft 2 < 5,000 ft 2 | ≥ 5,000 ft 2 < 20,000 ft 2 | ≥ 20,000 ft 2
Follow General Requirements | 1 | 2 | 3
Follow Exceptional Requirements | 2 | 3 | 4
General requirements
(a) The space shall be contiguous.
(b) The space shall be designed by a licensed landscape architect and subject to approval by applicable City boards and commissions.
(c) The space shall be at ground level, adjacent to a public right of way and visible from a public right of way. The space may connect to a public right of way via a pedestrian path; however, the path will not be factored into the size of the public space.
(d) The space shall be open to the public daily during normal business hours and remain open at least until dusk. Special events or programmed activities that restrict general public access shall be limited to twelve (12) days per calendar year.
(e) The space shall display appropriate welcome signage at the main entrance in a prominent location.
(f) The space shall accommodate, at a minimum, six (6) different semi-programmed activities which may include, but are not limited to: paths to walk, places to sit, tables to utilize, games to play, music to hear, Wi-Fi to access, playgrounds to climb, community gardens to cultivate, art exhibits to observe, fountains to watch, etc. so there are a wide range of reasons to visit the space.
(g) The space shall include ample plantings such as trees, shrubs, flowering plants, groundcover or turf, as appropriate. Generally, turf shall be limited to areas where use and/or play is anticipated. Responsible selection, placement and spacing of vegetation shall be made so all species may mature properly in the space over time.
(h) The space shall include native plants or introduced plants that are not considered invasive species.
(i) The space shall provide a programmable irrigation system to properly maintain plantings and/or usable turf. All irrigation systems shall use a rain sensor to prevent the irrigation from unnecessarily running during a rainstorm or directly after there has been sufficient rainfall. Irrigation is encouraged to run in early morning (before 10:00am) or early evening hours (after 4:00pm) to minimize water loss from drift, evaporation and evapotranspiration- all associated with mid-day watering.
(j) The space shall offer shade by means of plantings and/or shade structures. Greater than fifty (50%) percent of the programmed sitting areas are encouraged to be located in the shade between the hours of 10:00am and 4:00pm during the summer months of June, July and August.
(k) The space shall be designed at a pedestrian scale.
(l) The space shall include an appropriate hardscape and softscape material palette that is comfortable, aesthetically appealing and is of quality construction.
(m) The space shall incorporate a variety of site furniture to include ample seating areas, (some designed for single users, and others designed for groups), tables, trash receptacles, recycling bins, etc.
(n) The space shall integrate lighting into appropriate locations and use energy efficient lighting systems.
(o) The space shall provide outdoor bicycle parking.
(p) The space shall display local public art as either a focal point or supplementary pieces.
(q) Utilization of designs which serve multiple purposes to maximize efficiency in small spaces are encouraged. By way of example, a rain garden could offer stormwater management, aesthetically appealing plantings, wildlife habitat, a seat wall around the edge and a focal piece of art in the center. A piece of art could also function as a bike rack or other piece of site furniture and could be an iconic identifier of the public space.
(r) The space shall not allow automobile uses except for maintenance or special event reasons.
(s) The space shall have and follow a City approved long term maintenance plan.
(t) Certificate of occupancy. If the committed points in this category are not achieved, the owner shall be required to substitute incentive options and earn all points necessary to justify bonuses before a certificate of occupancy will be issued.
(u) Implementation. This incentive option is not limited to being located in, on or around a specific building, but does need to be located onsite.
(v) Point redemption. Points earned from this incentive option may be applied to any building on the site, in any full point increment.
Exceptional requirements
(a) All general requirements shall be met.
(b) The space shall accommodate, at a minimum, ten (10) different semi-programmed activities in total. Activities may include, but are not limited to: paths to walk, places to sit, tables to utilize, games to play, music to hear, Wi-Fi to access, playgrounds to climb, community gardens to cultivate, art exhibits to observe, fountains to watch, etc. so there are a wide range of reasons to visit the space.
(c) The space shall use rainwater catchment cisterns to collect rainwater on site. The collected rainwater shall be reused in the irrigation system to help meet the irrigation demand of the landscaped plantings. Display appropriate stormwater educational signage, approved by the Department, in a prominent location.
OR
The space shall incorporate renewable energy to be utilized within the space, such as solar powered overhead lighting, solar powered pathways, solar powered device charging stations, etc. Display appropriate renewable energy educational signage, approved by the Department, in a prominent location.
7) Workforce Housing. Housing affordability is important to protect in the Upper Peninsula.
Requirements: Workforce Housing
Provide onsite residential units inside the building utilizing bonuses, qualifying as owner occupied workforce housing units or rental workforce housing units as defined by the U.S. Department of Housing and Urban Development, or its successor, and adjusted for household size by the City of Charleston Department of Housing and Community Development, or its successor.
For two (2) points, provide owner occupied workforce housing units for qualified households whose household income does not exceed sixty (60%) percent of AMI and/or rental workforce housing units for qualified households whose household incomes do not exceed sixty (60%) percent of AMI that total ten (10) units or five (5%) percent of the number of residential units in the building, rounded up to the next whole number, whichever is greater. At least twenty five (25%) percent of the workforce housing units, rounded up to the next whole number, shall have more than one (1) bedroom.
AND/OR
For three (3) points, provide owner occupied workforce housing units for qualified households whose household income does not exceed one hundred twenty (120%) percent of AMI and/or rental workforce housing units for qualified households whose household income does not exceed eighty (80%) percent of AMI that total fifteen (15) units or ten (10%) percent of the number of residential units in the building, rounded up to the next whole number, whichever is greater. At least twenty five (25%) percent of workforce housing units, rounded up to the next whole number, shall have more than one (1) bedroom.
AND/OR
For four (4) points, provide owner occupied workforce housing units for qualified households whose household income does not exceed one hundred twenty (120%) percent of AMI and/or rental workforce housing units for qualified households whose household incomes do not exceed eighty (80%) percent of AMI that total twenty five (25) units or fifteen (15%) percent of the number of residential units in the building, rounded up to the next whole number, whichever is greater. At least twenty five (25%) percent of the workforce housing units, rounded up to the next whole number, shall have more than one (1) bedroom.
General requirements
(a) The workforce housing units shall be integrated and intermixed within the building, and not isolated to a specific area or floor that is separate from market rate units. If there are multiple floors of residential units, the workforce housing shall be spread out and shall not all be located on the same floor or specific area.
(b) Exterior finishes and general quality of workforce housing units shall be similar to the building's market rate units.
(c) The upkeep of workforce rental units shall be of the same quality as the upkeep of the other market rate rental units of the development.
(d) Prior to the issuance of a certificate of occupancy for any portion of the development, the owner thereof shall identify, in writing, to the City of Charleston Department of Housing and Community Development, or its successor, the units designated as owner occupied workforce housing units and/or rental workforce housing units.
(e) Prior to the issuance of a certificate of occupancy for any portion of a development, the owner shall execute covenants identifying the owner occupied workforce housing units and/or rental workforce housing units and restricting such units to occupancy, and if applicable ownership, by qualified households, and submit a copy of the recorded covenants to the City of Charleston Department of Housing and Community Development, or its successor.
(f) As for the owner occupied workforce housing units, the covenants shall identify the initial maximum allowable sales price, and provide that the initial maximum allowable sales price may be adjusted annually for inflation based on the increase in the area median income (AMI) or Consumer Price Index, whichever is greater. Each owner of such units, prior to initial occupancy, shall be required to submit to the City of Charleston Department of Housing and Community Development, or its successor, a verified income report of household income of all members of the household. The covenants shall require notice to the City of Charleston Department of Housing and Community Development, or its successor, of any transfer of the owner occupied workforce housing units and verification that the purchaser is a qualified household. Owner occupied workforce housing units shall be subject to resale restrictions for a period of ninety (90) years.
(g) As for rental workforce housing units, the covenants shall require the owner to provide proof to the City of Charleston Department of Housing and Community Development, or its successor, at inception and on an annual basis, that no more than fair market rent is being charged for the unit(s), and verified income reports of household income of all rental occupants. Rental workforce housing units shall be subject to these restrictions for a period of thirty (30) years.
(h) The covenants shall accord the City of Charleston, or its assignee, rights to enforcement by any legal and/or equitable means, including the revocation of a certificate of occupancy, and in all events be subject to approval by corporation counsel.
(i) Implementation. This incentive option directly correlates to a specific building, meaning the workforce housing units need to be located within the building utilizing bonuses.
(j) Point redemption. Points earned from this incentive option may only be applied to its corresponding building and may not be applied to other buildings on the site.
(Ord. No. 2015-142, § 1, 10-13-2015; Ord. No. 2016-127, § 1, 10-11-16; Ord. No. 2019-020, § 1, 3-26-19; Ord. No. 2025-086, § 1, 6-17-25)
