TITLE
An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the Allegheny County Code of Ordinances, Division 2, entitled "County Government Operations," by creating a new Article 208, entitled "Impact Analysis Program," in order to establish a policy of providing for disseminating information about proposed projects having community impacts to community and private-sector groups when the County provides capital funding through a direct appropriation, a subsidy or deferment of taxes, or a bond project.
BODY
WHEREAS, Allegheny County seeks to provide the public with detailed and useful information regarding large development projects and renovation under consideration by the County; and
WHEREAS, the public and the County will benefit from having in one document a comprehensive overview of large development projects under consideration; and
WHEREAS, the public and the County will benefit from having a streamlined process through which members of the public can comment on a comprehensive overview of such projects; and
WHEREAS, such a comprehensive overview and public comment process can be implemented without unreasonable delays or costs; and
WHEREAS, the County believes that community input is a valuable element in the decision-making process;
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Community Benefits Program
The Allegheny County Code of Ordinances, Division 2, entitled "County Government Operations," by creating a new Article 208, entitled "Impact Analysis Program," as follows:
§208-1. Purpose.
The purpose of this Article is to assist developers, policymakers and community members in considering the social and economic impacts of major development projects. By widely distributing important information about large projects early in the approval process, the County intends to assist all parties in understanding and participating in public processes. The County intends that this Article will streamline the approval processes and improve outcomes by fostering public participation that is timely and focused.
§208-2. Definitions.
The following words and phrases when used in this ordinance shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
DEVELOPER - shall mean any natural person or other legal entity that has requested from the County the approval of a Proposed Project. References in this Article to a “Developer” refer only to the Developer of the Proposed Project in question.
PROPOSED PROJECT - shall mean a proposed development project of over 50,000 square feet and for which either (i) the County will provide capital funding through a direct appropriation, a subsidy or deferment of taxes, or a bond project with an aggregate net value of over $100,000; (ii) the project necessitates the construction by the County of infrastructure improvements costing over $100,000; or (iii) the project requires other discretionary approval or legislative action by the County Council, the Chief Executive, or any other administrative department of the County.
§208.3. Impact Analysis Report.
A. Qualifying Projects. An Impact Analysis Report shall be required for each Proposed Project.
B. Timing of Report. At least 90 days prior to County approval of any Proposed Project, the County will release to the public the Impact Analysis Report completed under the terms of this Section.
C. Preparation of Report. Preparation and release of the Impact Analysis Report is the responsibility of the Allegheny County Department of Economic Development. The Department shall require the Developer to provide information regarding the Proposed Project sufficient to enable preparation of the Impact Analysis Report, and may with reasonable notice require the Developer to provide assistance within specified time periods. The Department may require the Developer to reimburse the County for the cost of preparation of the Impact Analysis Report, or may require Developer to hire a consultant satisfactory to the County to assist in preparation of the Impact Analysis Report. Where possible, consultants working on an Impact Analysis Report should coordinate with consultants and any other County departments or agencies that are preparing any environmental impact reports for the Proposed Project.
D. Public Release. Public release of the Impact Analysis Report and any supplemental materials shall include the following distributions, all free of charge:
1. Posting on the County website;
2. Distribution to all public libraries within one-half mile of the site of the Proposed Project;
3. Distribution to members of the public who request a copy;
4. Distribution to all members of the County Council, the Chief Executive, and the County Manager.
E. County Council Hearing. After the Department of Economic Development releases the Impact Analysis Report, the County Council shall hold a public hearing, at which the County Council will review the contents of the Impact Analysis Report. This public hearing shall be held no earlier than 30 days and no later than 60 days after the Department of Economic Development releases the Impact Analysis Report. Between 24 and 30 days prior to the public hearing, the County shall mail notice of the hearing to all households, businesses, and owners of real property located within 500 feet of the site of the Proposed Project. At least 30 days prior to the public hearing, the County shall post the notice of the public hearing on the County web site, at the relevant project area office, at the relevant council district office or offices, and at all public libraries within one-half mile of the site of the Proposed Project. Notice required under this Section shall indicate where copies of the Impact Analysis Report are available.
F. Approval of Proposed Project. The County may not approve a disposition and development agreement, subsidy agreement, owner participation agreement, grant agreement, Tax Increment Financing plan, bond issue, agreement pertaining to a Proposed Project, or otherwise finally approve a Proposed Project until at least 30 days after the public hearing on the Impact Analysis Report for that Proposed Project.
G. Updates to Impact Analysis Report. Prior to a meeting at which the County Council will consider any discretionary action (including extension of an exclusive negotiating agreement) pertaining to a Proposed Project for which a Impact Analysis Report has been released, County Staff shall either update the Impact Analysis Report if it is no longer complete or accurate, or shall prepare a statement that the information in the Impact Analysis Report continues to be accurate. At least 15 days prior to the meeting, County Staff shall disseminate any updated Impact Analysis Report or prepared statement, along with a description of the discretionary action that the County Council will consider, through the methods described in Section 208.3.D. The County Council shall not take any discretionary action regarding a Proposed Project unless County Staff has fulfilled the requirements of this Section 208.3.G.
§208.4. Contents of Impact Analysis Report.
Each Impact Analysis Report shall include in plain language the information described in this Section, for each portion of a Proposed Project. Where information described below is not known at the time of preparation of the Impact Analysis Report, the Impact Analysis Report shall include the most specific and current information known at that time.
A. Amount of projected financial cost to the County and other governmental entities, including subsidies and infrastructure improvements;
B. Amount of tax revenue anticipated to be generated by the Proposed Project, and any anticipated restrictions on or dedications of that tax revenue;
C. Number and type of construction and permanent jobs that will be generated by the project, and the wages and benefits likely to be provided for such jobs;
D. Any anticipated positive or negative impacts on existing businesses and employment patterns in the vicinity of the Proposed Project;
E. Number and size of housing units to be created; the affordability levels thereof; and the proportion of rental and ownership units;
F. Whether or not LEED certification will be attained for the Proposed Project, and, if so, what type of LEED certification;
G. Current land uses and ownership;
H. Proposed uses by size and land ownership;
I. Intended timeline for construction and completion;
J. Estimated cost of construction;
K. A visual depiction of the Proposed Project, such as drawings, photographs of models, or photographs of similar, completed projects; and
L. A breakdown, by category, of the numbers of anticipated displacements of existing residents, businesses, or services to make way for the Proposed Project, as well as the name, address, and type of business for each business or service anticipated to be displaced.
Section 2. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
Section 3. No Private Right of Action. Allegheny County, Pennsylvania shall have the sole right and authority to enforce this Ordinance. This Ordinance does not grant any individual, group of individuals, organization, entity or any other person any right to bring any action in or before a court, administrative agency or board or any similar body to enforce the provisions of this Ordinance.