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Resolution of the County of Allegheny, Commonwealth of Pennsylvania, establishing a policy on the appropriate use of Tax Increment Financing (TIF) within the County.
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WHEREAS, Allegheny County Council wishes to promote sustainable development within Allegheny County that will add to the quality of life for residents and visitors;
WHEREAS, a robust regional economy and the quality jobs it provides are necessary to sustain that quality of life;
WHEREAS, tax increment financing is one useful tool for helping stimulate the economy by committing local governments to spend a portion of future potential tax revenues to finance specific public improvements including water and sewer lines, roads, and other infrastructure;
WHEREAS, Allegheny County wishes to encourage, as appropriate and among other things, the development of mixed-use communities with a mixture of office, industrial, retail, and residential uses in proximity within a single project;
WHEREAS, Allegheny County Council wishes to provide citizens of Allegheny County, local municipalities, businesses, developers, and other interested parties with a clear policy regarding the appropriate use of tax increment financing within Allegheny County; and
NOW, THEREFORE, in accordance with the Tax Increment Financing Act, 53 P.S. § 6930.5, and the Administrative Code of Allegheny County, § 915.01,
The Council of the County of Allegheny hereby resolves as follows:
SECTION 1.
Allegheny County Council hereby adopts the following policy:
A. Allegheny County, as a matter of general policy, will utilize tax increment financing:
1. For uses that are consistent with applicable comprehensive plans and the appropriate municipal land use ordinances, as they apply to the proposed project site. Such plans should take into account consideration of environmentally sensitive areas, the redevelopment of brownfields, and the fabric and general needs of the community, to ensure that investments are made in the appropriate locations and that green space and other community assets are strengthened and protected;
2. Principally to facilitate the creation of high-quality employment opportunities;
3. When its use adds value to the regional economy;
4. In areas of substantial growth opportunities as designated by applicable comprehensive plans, and which take advantage of existing public infrastructure investment, including those tracts of land in the Airport Market Area as defined by the Tri-County Airport Partnership (T-CAP);
5. When there is a good faith effort on the part of the developer for participation in the project by existing County residents, including individuals and small businesses; and
6. Only to assist with the financing of public improvements, public and private infrastructure and such other appropriate uses as are detailed in the Tax Increment Financing Act, 53 P.S. § 6930.5.
B. Allegheny County will participate in tax increment financing only to the extent necessary to make a project viable with the following exception:
1. Allegheny County's rate of participation in tax increment financing for a project will operate on a sliding scale depending on proportion of retail uses within the project, as measured by square footage, with projects with little or no retail receiving the County's maximum participation.
C. Prior to making a decision on approving a TIF district and/or participating in another municipality's TIF district, the Allegheny County Council shall be presented with a formal request for action such that the request can be discussed at two regular meetings of the Council's Economic Development Committee and two regular meetings of the full Council before action is taken.
D. The official request for action submitted to Allegheny County Council shall include, at a minimum:
1. A standard Allegheny County Department of Economic Development Tax Increment Financing application form;
2. A detailed breakdown of the proposed uses of the proceeds from the tax increment financing agreement;
3. A preliminary site plan for the proposed development;
4. A Department-commissioned report identifying the economic impacts of the project on the County, including projected and estimated direct and indirect revenues and costs; and
5. Resolution or other statements from both the relevant municipality and the relevant school district outlining their respective positions on the tax increment financing district.
E. Every TIF agreement shall include a plan or formula that would be applied if the owner sells the development during the term of the TIF that would result in a sharing of the revenues with Allegheny County, not to exceed the cost of the TIF to the County.
F. The Department and County Council shall have the prerogative to amend the percentage of the TIF when presented or grant an abatement instead, depending upon the merits of the project.
G. The Allegheny County Department of Economic Development shall be directed to revise its existing tax increment financing program guidelines within ninety (90) days of the passage of this resolution so that they advance these policy goals. Such policies and guidelines shall exclude all previously considered projects.
SECTION 2. If any provision of this Resolution shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Resolution which shall be in full force and effect.
SECTION 3. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Resolution is hereby repealed so far as the same affects this Resolution.