[HISTORY: Adopted by the City of Council of the City of Chester 3-27-2024 by Ord. No. 1-2024. Amendments noted where applicable.]
The following words and phrases, as used in this chapter, shall have those meanings as prescribed in this section:
Means any transfer of City land to the developer for less than fair market value, rezoning, grant, loan, tax increment financing, tax abatement, bond financing or other form of assistance that is realized by or provided to a developer through the authority or approval of the City, including, but not limited to, use of the power of eminent domain, community development block grant (CDBG) aid or HUD 108 loans. Any applicant for City support or financial assistance is acknowledging its intent to collaborate with the City of Chester, to negotiate and implement a Community Benefits Agreement (CBA) which describes the manner in which the residents of the City of Chester will share in the economic, educational, cultural, environmental, and social benefits associated with the project and mitigate or prevent any adverse direct, indirect and cumulative impacts of the project on the Chester community. The CBA must be negotiated and finalized before City support or financial assistance is conveyed.
The amenities, benefits, commitments, or promises described in § 193-3.
The legally enforceable contract between the Host Community and the developer.
Any person, firm, partnership, limited liability company, corporation, joint venture, proprietorship, or other entity that enters into a contract for performance of construction work on the development project within the host community, including subcontractors of any tier.
The agreements between the City and the developer pursuant to which the City provides or commits City support or financial assistance including abatement from municipal taxes for a development project.
Any development project that is a business property, commercial, or industrial development in nature and is further defined below:
BUSINESS PROPERTYShall mean all real property including any improvements, above or below the surface of the land, thereon utilized to generate income or recurring revenue for the owners, including but not limited to billboard advertising, parking facilities, surface lots, storage facilities, dry docks, utility improvements, wireless towers, institutional group homes, assisted living facilities, and market-rate multifamily residential buildings consisting of five or more units.
COMMERCIAL PROPERTYShall mean real estate (buildings or land) intended to generate a profit, either from capital gains or rental income. "Commercial property" includes office buildings, medical centers, hotels, malls, retail stores, multifamily housing buildings, farm land, warehouses, and garages, a building containing more than four units qualifies as commercial property for borrowing and tax purposes.
INDUSTRIAL PROPERTYShall mean light and heavy manufacturing buildings are used to assemble, convert, or fabricate raw or partly wrought materials into products, goods, and services. warehouse and distribution centers, cold storage buildings, flex (or flexible) space to include showrooms, data centers and R&D and biotech laboratories.
Means the community within the census tract(s) where the development project is physically located and may also include communities within adjacent census tracts that may be adversely affected by the activities of the development project.
The following is a list of examples of community benefits that may be considered for inclusion in a community benefits agreement between the developer and the host community:
A.
Affordable housing:
(1)
Developer is committed to certain diverse enterprise and workforce goals for construction of the project, which are designed both to ensure a diverse business enterprise pool as well as a workforce that is both diverse and reflective of the City of Chester;
(2)
3% of the residential units within the development shall be set aside for households earning between 61% and 80% of AMI/MHI, and ii) an additional 4% of the residential units within the development shall be set aside for households earning between 81% and 120% of AMI/MHI (whichever metric is applicable to the financing tool);
(3)
Rents for all affordable housing units and workforce housing units will be set such that the rent charged is affordable. Affordable housing units and workforce housing units will be built to the same standards and on the same general schedule as market-rate units;
(4)
Affordable commercial storefronts. Host community will cause developer to reserve at least 800 sq. ft. of retail space to the establishment of a micro-unit incubator for the use of artisans and small business merchants who are verified Chester City residents;
B.
Apprenticeships and job training:
(1)
Support of educational programs, such as those in the City's high schools, community colleges and other educational institutions;
(2)
Actively supporting educational activities that provide employment opportunities for residents of the host community;
(3)
Providing contractors in the host community with technical assistance or other relevant training opportunities;
(4)
Hosting contractor information and networking sessions about upcoming contracting opportunities;
(5)
Providing employment and career mentoring opportunities for youths who reside in the host community;
(6)
Actively promoting opportunities for investment in the development project;
D.
Safe and clean neighborhoods:
(1)
Providing recreational activities, parks and affordable housing in the host community;
(2)
Supporting neighborhood improvements in the host community, including blight removal, etc.;
(3)
Commitments to meet periodically for host community stakeholders to provide input and comment on the development project;
E.
Additional promises and community benefits:
(1)
Sustainable design. The project will incorporate ENERGY STAR® appliances, where economically feasible, to enhance the energy efficiency of the building.
(2)
Streetscape improvements. The sidewalk improvements will include granite curbs, cast concrete or stone sidewalk pavers, streetlighting, and street trees. With regard to street trees, Developer agrees to protect or replace the two existing street trees at the property and plant a third street tree following construction of the project.
(3)
Stormwater management. The project will have a stormwater management system approved by the Chester City.
(4)
Exterior maintenance. At all times, developer will make commercially reasonable efforts to maintain the exterior of the project as appropriate for a high-rise building. Developer will act promptly to cure any acts of vandalism or graffiti occurring on or around the premises.
(5)
Trash storage. The owner agrees to cause all trash generated by both residential and commercial/retail occupants of the project to be stored within the premises of the property in one or more trash facility(ies) to be constructed as part of the project.
(6)
Deliveries and trash removal. Post-construction, developer agrees that loading/unloading for occupants of the project, and trash removal, shall be accessed exclusively from the __________.[1] Trash and waste shall be removed commercially, no less than twice a week, and at times as required or permitted by applicable law. Developer shall direct its waste hauling provider to pick up trash only during these times. Trash and waste shall not be put out for pick-up on the street. On the contrary, trash and waste shall only be picked up from inside the project. Developer shall also maintain appropriate security in the areas of the loading docks and trash activities.
[1]
Editor's Note: So in original.
(7)
Loading zone designation. To avoid congestion due to loading/unloading, developer will take commercially reasonable steps to schedule loading/unloading at such times to restrict simultaneous use of any loading/unloading areas by more than one vehicle at any time. While any loading/unloading area is in use, developer will make commercially reasonable efforts to direct other vehicles to circle the block or return at a later time to avoid idling and congestion. An employee or other agent of developer (or agent managing the building) will be available to mitigate any loading/unloading conflicts that may arise.
(8)
Building lighting. The building exterior (including, without limitation, interior glazed spaces facing the outside) shall not have flashing, color changing or exposed strip LED lighting. There shall be no signage or lighting on the building, except as may be permitted under Chapter 550, Zoning, or other applicable law. All building exterior lighting shall be pointed in a downward facing direction, or pointed upward to backlight or illuminate the building, but in no event shall such lighting spill over onto City sidewalks or private property.
A.
The parties intend for the rights and obligations created by to be both continuing in nature and cooperative, such that both host community and developer actively participate and work together with due diligence and good faith in furtherance of the terms and conditions of the Community Benefits Agreement.
B.
The Department of Community and Economic Development will be responsible for monitoring the Parties' compliance with this chapter and signed agreement and undertaking the specific acts expressed in accordance with the terms herein. During the term of CBA, the Department of Community and Economic Development will create an annual report detailing (1) the yearly activities undertaken pursuant to the terms of the CBA; (2) developer and Chester City's ongoing compliance with the terms of this chapter and negotiated CBA; and (3) recommendations, as necessary, to ensure compliance with the intent of the CBA (the "Annual Report"). The Annual Report will be available for distribution to the general public, and the findings of each Annual Report will be presented during an annual neighborhood presentation hosted by the Department of Community and Economic Development.
The developer may request from the Department of Community and Economic Development an exemption from the requirement of entering a Community Benefits Agreement by:
Material failure to comply with the provisions of this chapter may result in denial or termination of City Support or Financial Assistance including the termination of abatement for municipal real estate taxes.
If any section, sentence, clause or phrase of this chapter shall be declared invalid, unenforceable or unconstitutional by any court of competent jurisdiction, Chester City Council hereby declares its intent that this chapter shall have been enacted without regard to the invalid, unenforceable, or unconstitutional portion, part, or provision of this chapter.
Any and all other ordinances or parts of ordinances in conflict with the terms, conditions and provisions of any State law, the Home Rule Charter and Administrative Code and any ordinance are hereby repealed to the extent of such irreconcilable conflict.
This chapter shall take effect immediately upon passage and be in force after its approval as required by law.