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Upper Darby, PA Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Base C-3 height
Min. 2 stories, max. 85 feet
Maximum bonus
40 additional feet
Combined ceiling
Up to 125 feet with incentives
Largest single bonus
20 feet (historic preservation or LEED)
Governing section
§ 550-23G, Table 5-2

Summary

In the C-3 Traditional Downtown Business District, Upper Darby offers up to 40 extra feet of building height, on top of the base 85-foot limit, in exchange for public-benefit features listed in Table 5-2: historic preservation, a public plaza, streetscape amenities, structured parking, a green roof, alternative energy or green building certification.

G. Development incentives. (1) Height bonus. Projects in the C-3 District shall qualify for a maximum of 40 feet of additional building height in exchange for a combination of the bonus features listed in Table 5-2.

Full Breakdown

" The base C-3 height standard, set in the district's development table, is a minimum of two stories and a maximum of 85 feet, with the code cross-referencing that "up to 125 feet permitted with incentives provided in § 550-23G," confirming the 40-foot bonus stacks onto the 85-foot base. Table 5-2 assigns specific bonus amounts to specific features: preserving a historic structure or facade under the Secretary of the Interior's Standards earns 20 feet; a public plaza, square or courtyard of at least 250 square feet with 30% landscaping earns 10 feet; replacing existing nonconforming signage earns 10 feet; combining three qualifying streetscape amenities, such as bicycle racks, decorative lighting, a bus shelter or landscaped planters, earns 10 feet; structured parking within the building footprint, with at least half the spaces open to the public, earns 20 feet; a green roof covering 70% of net roof area earns 10 feet; alternative energy generating at least 15% of the building's annual energy use earns 10 feet; and a commitment to a LEED Silver or similar rating, documented within 90 days of the final certificate of occupancy, earns 20 feet.

Developers combine features up to the 40-foot ceiling; the incentives are reviewed through the same C-3 development approval process administered by the Zoning Officer and, where special exception uses are involved, the Zoning Hearing Board under §§ 550-53 and 550-54.

Violations & Fines

Building above the incentive-adjusted height allowance without qualifying for the corresponding Table 5-2 bonus features, or exceeding the 125-foot ceiling that combines the 85-foot base and 40-foot maximum bonus, is enforced under § 550-53G: a civil judgment of up to $500 per violation plus court costs and attorney's fees before a Magisterial District Judge, appealable to the Delaware County Court of Common Pleas.

Frequently Asked Questions

How much extra height can a downtown Upper Darby project get through incentives?
Up to 40 additional feet under § 550-23G(1), stacked onto the C-3 District's base height of 85 feet, for a combined maximum of 125 feet as noted in the district's development standards table.
What qualifies a project for the C-3 height bonus?
Table 5-2 lists specific features: historic preservation (20 feet), a public plaza (10 feet), removing nonconforming signage (10 feet), combining three streetscape amenities (10 feet), structured public parking (20 feet), a green roof (10 feet), alternative energy (10 feet), or a LEED Silver commitment (20 feet).
Can a developer combine multiple bonus features?
Yes, features stack, but the total bonus under § 550-23G(1) is capped at 40 feet regardless of how many Table 5-2 features a project incorporates.

Sources & Official References

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