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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 290, entitled "Capital Project Review Program," in order to establish a uniform Countywide policy governing the construction of capital projects with an aggregate construction costs of greater than $5 million.
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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 and the municipalities within it to successfully meet their responsibilities to all residents when attempting to foster economic development through the construction of capital projects; and
WHEREAS, the main purpose of such economic development is to bring measurable, permanent improvements to the lives of the County's residents, while simultaneously not doing damage to already existing business, communities, or infrastructure; and
WHEREAS, recent capital projects, such as the construction of a new Wal Mart in Kilbuck Township, either have not been completed as originally intended or have done harm to surrounding communities, businesses, or infrastructure through design or planning flaws that might have been discovered and remedied, had a more stringent evaluation of the project been completed, relying upon the expertise of departments of both the County and the Commonwealth; and
WHEREAS, it is the desire of Allegheny County Council, in cooperation with the Chief Executive and the Commonwealth, to improve the means by which capital economic development projects are chosen and pursued such that the creation of good jobs, affordable housing, and neighborhood services are all maximized, and that any negative effects of capital economic development projects are minimized;
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Capital Projects Review Program
The Allegheny County Code of Ordinances, Division 2, entitled "County Government Operations," by creating a new Article 290, entitled "Capital Project Review Program," as follows:
§290.1. Policy.
It shall be the policy of Allegheny County to require that all capital projects within the County with aggregate construction costs of greater than $5 million shall be subjected to rigorous and uniform Capital Projects Review by the Commonwealth, County, and municipalities surrounding that in which the project is to be completed.
§290.2. Capital Project Review Program Scope.
The Capital Projects Review Program shall be administered to provide an opportunity for the Allegheny County Departments of Public Works and Economic Development, The Commonwealth of Pennsylvania Departments of Transportation, Environmental Protection, and Community Economic Development, and all municipalities surrounding those in which Eligible Capital Projects, as defined in §290.3, to review the proposed project and express concerns about the project to the municipality in which it is proposed. Opportunity for such review shall be afforded before final approval of the Eligible Capital Project, whether such approval is accomplished through executive or legislative action, and the results of the review(s) shall be considered by the municipality in which the project is proposed.
§290.3. Eligible Capital Projects
A. Any project that is paid for wholly or in part, through the capital budget of any municipality, for the construction or improvement of any building, park, or public facility, other than routine or periodic maintenance, and with an aggregate construction cost of greater than $5 million, shall be required to participate in the Capital Project Review Program, to the extent that such participation would not violate local, state or federal law.
B. Any other project, regardless of funding source, for the construction or improvement of any building, park, or public facility, other than routine or periodic maintenance, and with an aggregate construction cost of greater than $5 million, shall be required to participate in the Capital Project Review Program if such project receives any approval, through executive, legislative, or other action, from the municipality in which it is to be constructed. Such participation shall be to the extent that it 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.
§290.4. 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 Capital Project Review 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 Capital Projects Review Program shall be implemented immediately upon Council approval of the program guideline resolution.
§290.5. Administration of Program.
The Allegheny County Department of Public Works shall be the sole administrator of the Capital Projects Review 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 §290.4 of this Article.
§290.6. Mandatory Reviewing Agencies.
The following agencies and local governmental bodies shall be given the opportunity to review and comment upon proposed Eligible Capital Projects:
A. The Allegheny County Department of Public Works;
B. The Allegheny County Department of Economic Development;
C. The Commonwealth of Pennsylvania Department of Transportation;
D. The Commonwealth of Pennsylvania Department of Environmental Protection;
E. The Commonwealth of Pennsylvania Department of Community Economic Development;
F. Any municipality sharing a border, regardless of border length, with the municipality in which the Eligible Capital Project is to be constructed, regardless of proximity of the project to the bordering municipality or any specific business, infrastructure, or other feature within the bordering municipality.
Any agency or unit of government delineated in this section may opt out of the review process for any project upon forwarding written notice to the County Department of Public Works.
§290.7. Supplemental Reviewing Agencies.
Consistent with the terms of this Article and the program guidelines created hereunder, the County Department of Public Works may, at its discretion, designate any state, federal, or local agency, or any unit of local government in addition to those delineated in §290.6 to also review and issue comments upon any Eligible Capital Project. Any agency or unit of government selected under the terms of this section may opt out of the review process for any project upon forwarding written notice to the County Department of Public Works.
§290.8. Participation Fees.
Consistent with the terms of this Article and the program guidelines created hereunder, the County Department of Public Works shall establish participation fees on a case-by-case basis. Participation fees shall be adequate to reimburse the cost(s) of the County in administering the Program, and shall not be structured to afford the County any additional revenue. All participation fees shall be paid to the County by the municipality in which the Eligible Capital Project is to be constructed, but nothing in this Article shall be construed to prevent that municipality from reaching agreements with other entities, public or private, for the full or partial reimbursement of fees incurred under the terms of this Article.
§290.9. Nonparticipation.
In the event that any municipality refuses or fails to participate in the Capital Project Review Program with regard to any eligible project, as defined in this Article, such municipality and all Eligible Capital Projects and other projects therein, whether public or privately initiated, shall be deemed ineligible for any County funding, whether accomplished through direct appropriation, debt issuance, tax exemption or subsidy, or grant funding of any description, including but not limited to funding of any project within the municipality through the Community Development Block Grant program or other means, to the extent that such ineligibility is consistent with applicable state and/or federal law, for a period of five (5) years.
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.