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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 "Community Benefits Program," in order to establish a policy of providing for community and private-sector input when the County provides capital funding through a direct appropriation, a subsidy or deferment of taxes, or a bond project.
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WHEREAS, the challenges that arise in attempting to responsibly shape development and land use patterns have made it increasingly difficult for the County to successfully meet its responsibilities to all residents when attempting to foster economic development; and
WHEREAS, the main purpose of economic development is to bring measurable, permanent improvements to the lives of the County's residents, particularly those in low-income or otherwise disadvantaged parts of the County; and
WHEREAS, it is the desire of Allegheny County Council, in cooperation with the Chief Executive and representatives of all sectors of the County's economy, to improve the cost-effectiveness, equity and efficiency with which economic development projects are chosen and pursued such that the creation of good jobs, affordable housing, and neighborhood services are all maximized;
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 "Community Benefits Program," as follows:
§208-1. Policy.
It shall be the policy of Allegheny County to encourage the participation of community groups in the process of evaluating the suitability of economic development projects within the County when the County, or its defined authorities, provide appropriations for capital improvement projects, including eligible bond projects, eligible projects funded through a subsidy or deferment of taxes, and other eligible capital projects funded from other sources. Such participation shall be geared toward the formulation and execution of a Community Benefits Agreement between the participating community groups and the developer(s) involved in the contemplated economic development project, but the execution of such an agreement shall not be a prerequisite for study or approval of any project.
§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:
BUILDING - A roofed and walled structure built for a permanent use.
COMMUNITY BENEFITS AGREEMENT - An enforceable agreement between one or more developers pursuing an economic development project within the County and one or more community representatives, and which governs the scope of the project.
COMMUNITY REPRESENTATIVE - A bona fide group of community residents, whether incorporated or not, representing the interests of those residents for the purposes of negotiating a Community Benefits Agreement. Single representatives from any group may appear at meetings or negotiations on behalf of the group, but in no case may a Community Representative be an individual citizen unaffiliated with a group of residents.
DEPARTMENT - The Allegheny County Department of Economic Development.
ELIGIBILE PROJECT - Any project, as defined in §208.4, for which public participation may be offered with the goal of formulating and executing a community benefits agreement.
PARK - A piece of ground in or near a municipality kept for ornamental and recreational purposes or maintained in its natural state as a public property.
PROJECT - The construction or improvement of any building, park, or public facility, other than routine or periodic maintenance.
PUBLIC FACILITY - The part of any building to which the public has access during normal operating hours. The term shall also include open spaces which are an integral part of the building, such as atriums or courtyards.
§208.3. Community Benefits Program Scope.
The Community Benefits Program shall be administered to provide an opportunity for community representatives to meet directly with prospective developers of economic development projects within the County. At least three (3) meetings between community representatives and prospective developers must be held for each eligible project. Such meetings shall be held before any eligible project receives final approval, whether such approval is accomplished through executive or legislative action, and shall be geared toward the creation of a Community Benefits Agreement to govern the scope of the project.
§208.4. Eligible Projects
A. Any project that is paid for wholly, or in part, by the County through a direct appropriation, a subsidy or deferment of taxes, or the issuance of bonds by the County, for the construction or improvement of any building, park, or public facility, other than routine or periodic maintenance, shall be deemed eligible for public participation for the purpose of formulating a Community Benefits Agreement, to the extent that such participation would not violate local, state or federal law.
B. Any project that is directly paid for wholly, or in part, by the Redevelopment Authority of Allegheny County, the Allegheny County Industrial Development Authority, the Allegheny County Residential Finance Authority, the Allegheny County Hospital Development Authority, and the Allegheny County Higher Education Building Authority, or the issuance of bonds by such authority, for the construction or improvement of any building, park, or public facility, other than routine or periodic maintenance, shall be deemed eligible for public participation for the purpose of formulating a Community Benefits Agreement, to the extent that such participation would not violate local, state or federal law
C. County Council may, by resolution, exempt any project from the scope of this ordinance prior to the execution or authorization of any project agreement.
§208.5. Establishment of Program Guidelines.
Within thirty (30) days of the enactment of this Ordinance, the Chief Executive and County Council shall designate staff to draft program guidelines for the Community Benefits Program. Such guidelines shall be consistent with the terms of this Article, and shall be provided to the Allegheny County Council, in resolution form, for approval. The Community Benefits Program shall not be implemented before Council approves the program guideline resolution.
§208.6. Administration of Program.
The Allegheny County Department of Economic Development shall be the sole administrator of the Community Benefits program. The Department shall be empowered to establish whatever rules, regulations, policies and procedures are deemed necessary to the orderly administration of the program, consistent with the program guidelines established under §208.5 of this Article.
§208.7. Parameters for Community Benefits Agreements.
The execution of a Community Benefits Agreement shall not be a prerequisite for study or approval of any economic development project within Allegheny County. Each Community Benefits Agreement created pursuant to the terms of this Article shall contain a clearly defined expiration date, and no such agreement shall be valid for a term of greater than ten (10) years, unless Allegheny County Council by resolution authorizes a longer term for a specific project. Permissible subject matter for Community Benefits Agreements negotiated under the terms of this Article shall be limited to the following:
A. Wage levels for workers to be employed in the development, during construction or after final completion of the development.
B. The implementation of a "first source" hiring system, to target job opportunities and/or training in the development to residents of low-income or otherwise disadvantaged neighborhoods.
C. The creation of a neighborhood-oriented child care center within the development.
D. Green design features or construction practices.
E. Construction of neighborhood-oriented recreational facilities within the development.
F. Construction of affordable housing within the development.
G. Inclusion of specific neighborhood-oriented providers of goods or services, including but not limited to grocery stores, health care providers, pharmacies, restaurants, playgrounds, and community or senior centers.
H. Reporting requirements for developers regarding tenants, wage rates, rental rates, occupancy levels, or other factors relevant to the function or continuing viability of the development.
§208.8. Parameters for Selection of Community Representatives.
Community representatives shall be selected at the sole discretion of the Department, consistent with the program guidelines created pursuant to Section 208.5 and the requirements of this Article, as follow:
A. In no case may a community representative be chosen that has any direct affiliation with any elected official, political party, action committee, or other group similarly situated.
B. In no case may a community representative be chosen that has any direct affiliation with the developer or developers that are involved in the development project that will be the basis of the representative's input.
C. In no case may more than ten (10) community representatives be chosen to simultaneously participate in the community benefits program with regard to any single development project.
D. The Department shall provide public notice of all selected community representatives at least thirty (30) days before the first meeting of those representatives with the developer(s) of a given project, and shall develop and implement a process for evaluating objections to any representative chosen.
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.