Design Elements — Density Bonuses and Other Incentives
Density bonuses permit an increased number of units in exchange for provision of something above and beyond the ordinance's requirements. This can be an effective tool in realizing the intent of the conservation subdivision regulations through incentivizing certain types of development or preservation. Examples of this could include density bonuses for affordable housing units, enhancing protection of natural resources, providing additional open space, or building a public amenity like a park or athletic facility. However, because density-neutral conservation subdivisions generally result in reduced development costs for developers, municipalities should not assume that density bonuses are necessary to make conservation subdivisions financially viable.
Ordinances can incentivize certain design elements or features in ways other than permitting increased density. Some examples of other incentives include:
- Height bonuses permitting higher elevations than permitted by the code;
- Use bonuses that permit other types of uses or housing types (duplexes, apartments, etc.) in districts where they are not typically permitted;
- Flexible bulk and lot requirements like reduced lot size, reduced setbacks, or higher impervious coverage allowances;
- Reduced administration and granting of waivers may not provide as much of a financial incentive as density bonuses, but a municipality could investigate reductions or elimination of fees associated with the administration of approving a development proposal.
Ordinance Considerations
Ordinance language around density bonuses and other incentives should be very specific in terms of the number of additional units that can be achieved through the provision of the desired design features (like age qualified lots, affordable units, additional acres of open space, recreation amenities, etc.). If a municipality has an existing transfer of development rights (TDR) ordinance, it may wish to require the use of TDRs to achieve such density bonuses (assuming the conservation subdivision development is in a TDR receiving area). In some cases the allowable density through bonuses may not be achievable based on site limitations, and ordinances should clearly state this.
Good Examples
- Newlin Township offers discretionary density bonuses for provision of open space maintenance funds and affordable housing.
- West Chester Borough has a Unified Mixed-Use Development option (§112-35.D of the Zoning Ordinance) in areas of the Commercial Service District along major thoroughfares that includes flexible lot and bulk regulations, reduced parking requirements, and incorporation of community facilities and neighborhood amenities in exchange for 50% of the units in the proposed development being affordable.