Borough of Tenley Falls

(a) The purpose of this Ordinance is to authorize and direct the installation of modern roundabout intersections at designated locations within the Borough of Tenley Falls in order to: (i) reduce the frequency and severity of traffic accidents at intersections identified as having elevated crash histories or inadequate traffic control measures; (ii) calm vehicular traffic on residential and mixed-use streets; (iii) improve pedestrian and bicycle safety at affected intersections; and (iv) implement the traffic calming objectives set forth in the Borough’s Comprehensive Plan, adopted June 11, 2014, as amended.

(b) The Borough Council hereby finds and determines that:

(1) The installation of modern roundabout intersections at the locations designated herein is a necessary and appropriate measure to address documented safety deficiencies and traffic flow concerns;

(2) The Engineering Report prepared by Tri-County Engineering Associates (Report No. 2023-0041) provides a sufficient factual basis for the designations made in Section 3 of this Ordinance;

(3) The proposed roundabout installations are consistent with PennDOT design guidance and federal best practices as established by the Federal Highway Administration and the National Cooperative Highway Research Program (NCHRP);

(4) The projected costs of the roundabout installations are reasonable in relation to the anticipated safety benefits, as detailed in the cost-benefit analysis appended to the Engineering Report as Appendix C; and

(5) The Borough has identified funding sources sufficient to undertake the Phase I installation described in Section 3(a), and has developed a funding plan for the Phase II installation described in Section 3(b), as set forth in Section 5 of this Ordinance.

As used in this Ordinance, the following terms shall have the meanings ascribed to them in this Section, unless the context clearly indicates otherwise:

(a) “Modern roundabout” shall mean a circular intersection with yield control at entry, a central island that is not traversable by passenger vehicles, a circulatory roadway designed for travel speeds not exceeding twenty-five (25) miles per hour, and deflection of entering traffic achieved by the geometric design of the approach, entry, and circulatory roadway. A modern roundabout is characterized by: (i) a single direction of circulatory travel (counterclockwise in right-hand traffic jurisdictions); (ii) yield control for all entering traffic; (iii) channelized approaches using splitter islands to direct entering traffic to the right and to separate entering from exiting traffic; and (iv) a flared or widened entry to allow side-by-side vehicle entry where multiple entry lanes are provided. The term “modern roundabout” does not include and shall be distinguished from a “traffic circle” or a “rotary,” as those terms are defined herein.

(b) “Traffic circle” (also referred to as a “neighborhood traffic circle” or “mini-circle”) shall mean a raised or delineated island placed in the center of an unsignalized intersection, typically less than fifty (50) feet in inscribed circle diameter, intended primarily as a traffic calming device on local residential streets, and which may or may not require yield-on-entry control. A traffic circle is distinguished from a modern roundabout by its smaller geometric footprint, the absence of formalized splitter islands, and design speeds that are governed by the prevailing speed limit of the intersecting street rather than by the geometry of the intersection itself.

(c) “Rotary” shall mean a large-diameter circular intersection, typically exceeding one hundred fifty (150) feet in inscribed circle diameter, historically designed for high-speed merging and weaving of traffic, and characterized by: (i) entry speeds at or near the speed of the circulating traffic; (ii) the absence of yield control at entries (priority given to entering rather than circulating traffic, in contrast to a modern roundabout); and (iii) a design that encourages sustained high operating speeds within the circulatory roadway. The installations authorized by this Ordinance are not rotaries and shall not be designed, constructed, or operated as rotaries.

(d) “Inscribed circle diameter” (ICD) shall mean the diameter of the largest circle that can be drawn within the outer curb or edge of the circulatory roadway, measured in feet. The ICD is the primary dimensional parameter for classification and design of roundabout intersections.

(e) “Central island” shall mean the raised, non-traversable area located in the center of a modern roundabout, around which traffic circulates. The central island may include a truck apron, as defined herein, along its outer perimeter.

(f) “Truck apron” shall mean a mountable, paved area adjacent to the central island, designed to accommodate the occasional passage of large vehicles (including emergency vehicles, school buses, and delivery trucks) whose turning radii exceed the design vehicle for the circulatory roadway. The truck apron shall be constructed of a material or texture visually and physically distinct from the circulatory roadway surface to discourage use by passenger vehicles.

(g) “Splitter island” shall mean a raised or delineated median island on a roundabout approach leg that separates entering from exiting traffic, provides deflection of entering vehicles, and serves as a pedestrian refuge area.

(h) “Phase I” shall mean the roundabout installation at the intersection described in Section 3(a) of this Ordinance.

(i) “Phase II” shall mean the roundabout installation at the intersection described in Section 3(b) of this Ordinance.

(j) “Engineering Report” shall mean the traffic safety and flow analysis prepared by Tri-County Engineering Associates, Report No. 2023-0041, dated February 22, 2023, a copy of which is on file with the Borough Secretary and incorporated herein by reference.

(k) “Borough Road” shall mean any road, street, avenue, lane, or other public right-of-way owned, maintained, or under the jurisdiction of the Borough of Tenley Falls, as enumerated in the Borough’s official road inventory maintained by the Borough Engineer.

The Borough is hereby authorized and directed to install modern roundabout intersections at the following locations, in the phases indicated:

(a) Phase I — Elm Street and Spruce Avenue. A modern roundabout shall be installed at the intersection of Elm Street (Borough Road No. 7) and Spruce Avenue (Borough Road No. 12), at or near the location of the existing four-way stop-controlled intersection. The Phase I roundabout shall be a single-lane roundabout with an inscribed circle diameter as determined by the design engineer pursuant to the standards set forth in Section 4. Design and construction of the Phase I roundabout shall proceed in accordance with the timeline set forth in Section 6(a).

(b) Phase II — Oak Street and Main Street. A modern roundabout shall be installed at the intersection of Oak Street (Borough Road No. 3) and Main Street (State Route 1017), at or near the location of the existing signalized intersection. Because Main Street is a state highway, design and construction of the Phase II roundabout shall be subject to the review and approval of the Pennsylvania Department of Transportation pursuant to applicable PennDOT regulations and highway occupancy permit requirements. The Phase II roundabout shall be a single-lane or multi-lane roundabout, as determined by the design engineer based on projected traffic volumes and turning movement counts, pursuant to the standards set forth in Section 4. Design and construction of the Phase II roundabout shall proceed in accordance with the timeline set forth in Section 6(b), as amended.

(c) Additional locations. Nothing in this Ordinance shall be construed to limit the authority of the Borough Council to designate additional locations for the installation of modern roundabout intersections by subsequent amendment to this Ordinance or by adoption of a separate ordinance, provided that any such designation is supported by an engineering analysis and subject to the design standards set forth in Section 4.

(a) All modern roundabouts installed pursuant to this Ordinance shall be designed in substantial conformance with the standards and guidance set forth in: (i) the Federal Highway Administration’s publication Roundabouts: An Informational Guide, FHWA Publication No. FHWA-RD-00-067, Second Edition (NCHRP Report 672); (ii) PennDOT Design Manual Part 2, Chapter 10; and (iii) PennDOT Publication 414 (Guide to Roundabouts), revised September 2021, as each may be amended or superseded.

(b) The inscribed circle diameter (ICD) for any single-lane roundabout installed pursuant to this Ordinance shall be not less than ninety (90) feet and not more than one hundred eighty (180) feet, unless the design engineer determines, on the basis of site-specific geometric constraints, design vehicle requirements, or other documented engineering considerations, that an ICD outside this range is necessary. Any such determination shall be documented in the project design report and approved by the Borough Engineer.

(c) The design of each roundabout shall provide for:

(1) Pedestrian crosswalks at each approach leg, set back from the yield line by a minimum of one (1) car length (approximately twenty (20) feet), with detectable warning surfaces compliant with the Americans with Disabilities Act (ADA) and PennDOT standards;

(2) Splitter islands of sufficient width to serve as pedestrian refuge areas, with a minimum refuge width of six (6) feet measured perpendicular to the direction of pedestrian crossing;

(3) A truck apron of adequate dimension to permit the passage of WB-50 design vehicles, or such larger design vehicle as may be required by the Borough Engineer based on anticipated truck traffic;

(4) Adequate sight distance at all entries and exits in accordance with the FHWA and PennDOT guidance referenced in subsection (a);

(5) Signage and pavement markings in conformance with the Pennsylvania Manual on Uniform Traffic Control Devices (PA MUTCD) and applicable PennDOT standards; and

(6) Landscaping of the central island that does not obstruct the sight lines of approaching motorists or impair the visibility of pedestrians within the crosswalk areas. Landscaping plans for central islands shall be reviewed and approved by the Borough Engineer. Plant materials exceeding twenty-four (24) inches in mature height shall not be installed within the sight distance triangles identified in the project design report.

(d) Where a roundabout is to be installed at an intersection involving a state highway, the design shall comply with all additional requirements imposed by PennDOT as a condition of the highway occupancy permit or other regulatory approval, and in the event of any conflict between this Section and PennDOT requirements, the PennDOT requirements shall prevail.

(e) The Borough shall retain a qualified professional engineer, licensed in the Commonwealth of Pennsylvania and experienced in roundabout design, to prepare the design plans and specifications for each roundabout installation authorized by this Ordinance. The design engineer shall be selected through the Borough’s customary professional services procurement process.

(a) The Phase I installation at Elm Street and Spruce Avenue shall be funded from the following sources:

(1) An appropriation of Two Hundred Fifteen Thousand Dollars ($215,000) from the Borough Capital Reserve Fund, as authorized by the Borough Council at its regular meeting of October 17, 2023;

(2) An allocation of Sixty Thousand Dollars ($60,000) from the Borough’s American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Fund distribution, to be applied toward eligible infrastructure costs in accordance with the final rule of the United States Department of the Treasury (31 CFR Part 35); and

(3) Such additional funds as may become available through grants, state or federal aid, or other sources.

(b) The Borough shall apply to the Pennsylvania Department of Transportation for funding assistance for the Phase II installation at Oak Street and Main Street through the PennDOT Multimodal Transportation Fund or such other applicable program as may be available. The Borough Manager is hereby authorized and directed to prepare and submit grant applications on behalf of the Borough for this purpose.

(c) In the event that grant funding for the Phase II installation is not secured, the Borough Council shall evaluate alternative funding mechanisms, which may include but are not limited to: (i) a general obligation bond issue; (ii) a special assessment against benefited properties, if authorized by law; (iii) an appropriation from general fund reserves; or (iv) a phased construction approach to distribute costs over multiple fiscal years. No Phase II construction shall commence until the Borough Council has identified and approved a funding plan sufficient to cover the projected total cost.

(d) The Borough Manager shall provide the Borough Council with quarterly updates on the status of all grant applications, funding commitments, and expenditures related to the projects authorized by this Ordinance.

(a) Phase I (Elm Street and Spruce Avenue). The Borough shall use reasonable efforts to adhere to the following schedule for the Phase I installation:

(1) Design and engineering: Completion of final design plans and specifications no later than June 30, 2024;

(2) Bidding and contractor selection: Completion of the competitive bidding process and award of the construction contract no later than September 30, 2024;

(3) Construction commencement: Construction to begin no later than October 31, 2024, weather permitting;

(4) Substantial completion: Substantial completion of Phase I construction no later than April 30, 2025.

(b) Phase II (Oak Street and Main Street). The Borough shall use reasonable efforts to adhere to the following schedule for the Phase II installation, subject to the availability of funding and the receipt of all necessary regulatory approvals, including PennDOT highway occupancy permit approval:

(1) Design and engineering: Completion of final design plans and specifications no later than twelve (12) months after securing Phase II funding and obtaining preliminary PennDOT approval;

(2) Public comment period: A period of not less than sixty (60) days for public review and comment on the final design plans, as required by Amendment 1053-B;

(3) Bidding and contractor selection: Completion of the competitive bidding process and award of the construction contract no later than ninety (90) days after the close of the public comment period;

(4) Construction commencement and completion: To be determined based on project complexity, regulatory requirements, and the availability of funding, but in no event shall construction commence less than thirty (30) days after the award of the construction contract.

(a) The provisions of this Ordinance are declared to be severable. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

(b) It is the intent of the Borough Council that this Ordinance would have been adopted even if such invalid or unconstitutional provision had not been included. Specifically, and without limiting the generality of the foregoing, in the event that any provision relating to the Phase II installation at Oak Street and Main Street (Section 3(b)) is held to be invalid, unenforceable, or is stayed or enjoined by a court of competent jurisdiction, the provisions relating to the Phase I installation at Elm Street and Spruce Avenue (Section 3(a)) and all other provisions of this Ordinance shall remain in full force and effect.

This Ordinance shall take effect five (5) days after enactment, in accordance with Section 1003 of the Borough Code, 8 Pa.C.S. § 1003.

ENACTED AND ORDAINED this 17th day of October, 2023, by the Borough Council of the Borough of Tenley Falls, Garrett County, Pennsylvania.

BOROUGH OF TENLEY FALLS

By: ______________________________
      Carol Hendricks, Mayor

ATTEST:

______________________________
Linda Pascarella, Borough Secretary

Adopted: March 5, 2024 — Vote: 4–3 (Yea: Hendricks, Kovacs, Morin, Callahan; Nay: Plott, Wodzicki, Mayer-Graham)

Summary: Modified the Phase II construction timeline under Section 6(b) to extend the deadline for completion of final design plans and specifications. The original Ordinance required design completion by December 31, 2024. Amendment 1053-A replaced this fixed date with a timeline measured from the date of securing Phase II funding and obtaining preliminary PennDOT approval, reflecting uncertainty regarding the PennDOT grant application timeline and the pending litigation. No other provisions of the Ordinance were amended.

Adopted: August 6, 2024 — Vote: 5–2 (Yea: Hendricks, Kovacs, Morin, Callahan, Mayer-Graham; Nay: Plott, Wodzicki)

Summary: Added a mandatory public comment period of not less than sixty (60) days before commencement of Phase II construction. The amendment inserted new subsection 6(b)(2), requiring the Borough to make final design plans available for public review and to accept written comments for a minimum of sixty days before proceeding with contractor selection for Phase II. This amendment was introduced following a petition signed by 214 Borough residents requesting greater public input on the Oak Street and Main Street project. The amendment also renumbered former subsections 6(b)(2) and 6(b)(3) as 6(b)(3) and 6(b)(4), respectively.