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Intersection Improvement of Welsh and Orvilla Will Require Right-of-Way Negotiations for Purchase of Portions of 8 Properties

Before area officials can realign the Welsh and Orvilla roads intersection and add four left-turn lanes, they will need to negotiate with eight Towamencin Township property owners who live near the intersection to acquire a portion of their front yards for right-of-way purposes.

There are approximately eight property owners in Towamencin Township that are going to be impacted by the project … where right-of-way is required for improvements,” said John Jones, project lead engineer and designer from McMahon Associates, during last week’s Towamencin Township meeting. “The next step is reaching out to property owners to get their thoughts on improvements and review with them further individually.”

The cemetery will be untouched. Current plans have a tentative completion date of Fall/Winter 2024.

According to PennDOT’s “Property Acquisition Guide for Multimodal Transportation Projects Undertaken by PennDOT,” a negotiation process begins with the property owner where both parties agree on a purchase price and conditions of sale. In some cases, a developer may purchase the land identified in the multimodal transportation project and donate it to PennDOT, per the document.

If all reasonable effort has been given to proceed with an amicable purchase agreement, and irreconcilable differences remain, according to PennDOT, then PennDOT can use eminent domain to condemn and acquire the property. In an eminent domain proceeding, PennDOT takes private property for public use without the owner’s consent upon payment of compensation, per the report.

Eminent domain is not in play yet for the acquisition of the right-of-ways for the intersection project.

According to PennDOT, property value is determined by a state certified appraiser, who can work for PennDOT. The appraiser takes into consideration local real estate trends and nearby comparable property values to come up with a market value of the property. Then, more appraisers review the first appraiser’s appraisal “to assure that you will receive just compensation for your property.”

In the eight property owners’ cases, they will be offered the difference between the value of the whole property and the value of the part remaining, according to PennDOT.

PennDOT said that the majority of acquisitions “are settled on an amicable basis.” Read more on Right-of-Way Acquisition rules here.

At the supervisors meeting, where McMahon Associates gave an update on the project progress, supervisors Chairman Chuck Wilson said the project is utilizing a Department of Community and Economic Development (DCED) grant.

“Towamencin and Hatfield townships are analyzing and preparing plans to improve the intersection of Welsh Road and Orvilla Road, and McMahon Associates is preparing these plans,” Wilson said.

Chad Dixon, of McMahon Associates, said both townships received a grant award through its Multimodal Transportation Fund in late 2021 for the design of intersection improvements.

“The fund is for design only and the purpose is to define the scope of improvements and get the necessary permits and also identify right-of-way acquisition and easements that may be required,” Dixon said.

In the spring, McMahon Associates had the “necessary agreements executed with the DCED,” he said.

“We are here to give an overview of the scope of improvements that have been identified, the steps completed to date, and the steps we will be pursuing moving forward,” Dixon said.

Jones described the area as a “four-legged conventional intersection.”

“There are no left turns on any of the legs,” Jones said. “Based on a traffic analysis completed by our office, it was determined left turn lanes are warranted on each corner of the intersection, ultimately to accommodate traffic and future growth at this intersection.”

Jones said the left turn lanes must be constructed by widening the existing cartway on Welsh and Orvilla roads.

“We are also proposing a full traffic signal upgrade at the intersection, and pedestrian and drainage improvements,” Jones said.

PennDOT, he said, has seen the initial phases of the design, and it “generally concurs” with the layout of improvements. Welsh Road separates the townships down the center of the roadway, Jones said. As a result of constraints by the cemetery and the gas station, Jones said the majority of the widening is occurring in Towamencin Township.

Supervisors had no questions about the project and neither did the public.

In May 2021, Towamencin Township supervisors voted to seek up to $600,000 in grant funds for preliminary engineering and final design for improvements. 

The state’s Commonwealth Finance Authority’s Multimodal Transportation Fund grant application cost $5,000 to prepare the application, which was split by both townships.

The Multimodal Transportation Fund, according to the state, exists to give grants to communities to boost economic development and ensure safe and reliable transportation for residents. Funds can be used for development, enhancement or rehabilitation of transportation assets, as well as improvements to streetscapes, lighting, sidewalks, and pedestrian safety. Grants are available for projects between $100,000 and $3 million. The CFA, founded in 2004, is an independent branch of the DCED which administers economic stimulus packages and acts as fiduciary over funding and investments, according to the state.

This is not McMahon Associates’ first foray into road realignment. While its portfolio is vast and expansive, McMahon Associates’ is responsible for one major local road realignment, that of Cowpath and Orvilla roads. The firm was responsible for the preliminary engineering and final design of the $3.9 million Hatfield Township project, which was funded via CFA-DCED, PennDOT Multimodal Transportation Funds, and township Act 209 Impact Fee funds.

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