Pennsylvania Administrative Code

§ 11.5. Appearance before the Department. (a) An individual complainant or petitioner may appear on his own behalf. An authorized officer or employe of a local government unit may represent the local government unit before the Department. (b) Representation of parties by an attor…

§ 11.6. Filings. (a) Pleadings, submittals and other documents, other than correspondence, shall be bound at the top of the page, with two-hole fasteners approximately 2 3/4 inches from the edge of each side of each page. (b) Except as otherwise provided by this chapter, a single…

§ 11.7. Complaints. (a) A person authorized to file a complaint with the Department under section 8211 of the act (relating to petitions for declaratory orders and complaints to department) may file a complaint at the office of the Department within the time limits prescribed in …

§ 11.8. Petitions for declaratory order. (a) A person authorized to file a petition for declaratory order asserting the validity of proceedings filed with the Department under section 8211 of the act (relating to petitions for declaratory orders and complaints to department) may …

§ 11.9. Answers to complaints and petitions. (a) Upon the determination of the Department to accept a timely filing as a complaint or petition, the Department will mail a copy of the filing to each respondent. Answers to the complaints and petitions shall be filed by the responde…

§ 111.1. Policy. The Department has determined that the public welfare is served by assisting persons in flood-prone municipalities to protect themselves against flood losses with the insurance coverage available under the National Flood Insurance Act of 1968 (42 U.S.C.A. § § 400…

§ 111.2. Applicability. (a) This chapter applies to programs administered by the Department under the following laws: The Land and Water Conservation and Reclamation Act (32 P. S. § § 5101—5121); the Land and Water Conservation Fund Act of 1965 (16 U.S.C.A. § § 460l-4—460l-11); R…

§ 111.3. Implementation. Implementation of § 111.1 (relating to policy) shall be in accordance with § 111.4 (relating to administrative procedures for implementation). The Department may adopt, by regulation, different administrative procedures for implementation in a program. In…

§ 111.4. Administrative procedures for implementation. (a) Municipal applicants other than counties. A municipal application from other than a county shall conform with the following: (1) On receipt of an application or letter of intent from a municipality other than a county for…

§ 113.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Flood Plain Management Act (32 P. S. § § 679.101—679.601). Department—The Department of Community and Economic Deve…

§ 113.10. Enforcement by the Department and appeals. (a) When the Department finds that a municipality has failed to comply with the requirements of the act or regulations adopted by the Department pursuant thereto, the following procedures apply: (1) The Department will send a w…

§ 113.11. Reimbursements and grants to municipalities. (a) Section 404 of the act (32 P. S. § 679.404) authorizes the Department to administer reimbursements and grants to municipalities to assist or reimburse them for costs incurred in complying with the requirements of the act.…

§ 113.2. Purpose and intent. (a) The basic purpose of the act, as set forth in section 103 of the act (32 P. S. § 679.103), and of this chapter, is to: (1) Encourage planning and development in floodplains which are consistent with sound land use practices. (2) Protect people and…

§ 113.3. Municipal participation in the program. (a) Each identified municipality is required by the act to gain eligibility to participate in the program within 6 months of the effective date of the act, or 6 months from the date of notification by FEMA that it has been identifi…

§ 113.4. Adoption of floodplain management regulations by identified municipalities. (a) Each identified municipality is required by the act to adopt floodplain management regulations which at a minimum comply with the requirements of the program, the act and this chapter. The ac…

§ 113.5. Municipal loss of eligibility to participate in the program. (a) If a municipality is suspended or loses its eligibility to participate in the program for any reason, it is required by the act to regain the eligibility from FEMA within 90 days of the date of suspension o…

§ 113.6. Regulation of particular obstructions. (a) The Department is required by section 301 of the act (32 P. S. § 679.301) to publish a list of certain obstructions which present a special hazard to the health and safety of the public or occupants or may result in significant …

§ 113.7. Development which may endanger human life. (a) Section 207 of the act (32 P. S. § 679.207) requires the Department to prohibit the construction or substantial improvement of structures which may endanger human life within any area which has been determined to be a flood …

§ 113.8. Coordination and uniform enforcement of municipal floodplain management regulations. (a) Section 205 of the act (32 P. S. § 679.205) requires the Department to adopt regulations establishing certain criteria and standards for the coordination and uniform enforcement of m…

§ 113.9. Inspections. (a) Sections 402 and 403 of the act (32 P. S. § § 679.402 and 679.403) give municipalities and the Department the authority to investigate complaints, enter upon land for the purpose of surveying floodplains, enter land in a floodplain for the purpose of asc…

§ 115.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the content clearly indicates otherwise: Act—The Financially Distressed Municipalities Act (53 P. S. § § 11701.101—11701.501). Secretary—The Secretary of the Depart…

§ 115.10. Public hearings conducted by the Department. (a) Under sections 203, 242(e), 253 and 302(c)(1) of the act, the Department will hold public hearings in accordance with the Sunshine Act (65 P. S. § § 271—286). Notice of public hearings shall be published once in a newspap…

§ 115.2. Annual survey of financial condition. By March 15 of each year, each municipality within this Commonwealth shall file with the Department a completed survey of its financial condition covering the preceding year. A municipality which has failed to file its annual survey …

§ 115.3. Determination of municipal financial distress. (a) The criteria used in the determination of municipal financial distress will be the criteria in section 201 of the act (53 P. S. § 11701.201). The criteria are: (1) The municipality has maintained a deficit over a 3-year …

§ 115.4. Municipal distress coordinator. (a) The coordinator is responsible for developing and filing a plan for the financial recovery of the municipality. (b) The coordinator shall be an individual or firm experienced in municipal finance and administration. (c) The coordinator…

§ 115.5. Municipal recovery plans. (a) The coordinator’s plan will be subject to a public hearing. The coordinator may revise the plan as necessary to address comments or meet objections. (b) The municipality may adopt or reject the coordinator’s plan. (c) If the coordinator’s pl…

§ 115.6. Emergency loans. (a) After a determination of distress, but prior to the adoption of a recovery plan, the distressed municipality or the coordinator may apply for an interest-free short-term loan to assist with immediate cash shortfalls. Prior to issuing an emergency loa…

§ 115.7. Grants. (a) A grant will be awarded only after a complete financial analysis of the municipality has been performed. The Department will give priority to grant applications which include plans for activities which are intended to accomplish the following: (1) Reduce muni…

§ 115.8. Consolidation or merger of economically nonviable municipalities. The coordinator, as part of the fiscal solvency plan, may recommend that a distressed municipality consolidate or merge with adjacent local governments. If a municipality is declared distressed, either the…

§ 115.9. Termination of municipal distress status. Following the adoption of a municipal recovery plan, the Secretary may, either by the exercise of discretion or at the request of the governing body, convene a hearing to consider termination of the municipality’s distress status…

GENERAL § 117.51. Authority for loans. Authority for the Local Government Capital Projects Loan Program is provided in the Local Government Capital Projects Loan Fund Act (53 P. S. § § 6781-1—6781-9). Funding for the program is contained in the General Appropriation Acts of FY 19…

§ 117.52. Objective of Local Government Capital Projects Loan Program. The Local Government Capital Projects Loan Program (Program) provides financial aid from the Commonwealth to municipalities for the purchase of equipment and the purchase, construction, renovation or rehabilit…

§ 117.53. Eligible applicants. A municipality with a population of 12,000 or less is eligible to apply for funds. Authority The provisions of this § 117.53 issued under section 7 of the Local Government Capital Project Loan Fund Act (53 P. S. § 6781-7). Source The provisions of t…

§ 117.54. Loan limitations. (a) Loans for equipment may not exceed $25,000 for a single piece of equipment or 50% of the total cost of the piece of equipment, whichever is less. (b) Loans for facilities may not exceed $50,000 for a single facility or 50% of the total cost for pur…

§ 117.55. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Department—The Department of Community and Economic Development of the Commonwealth. Fund—The Local Government Capital Pro…

APPLICATION REQUIREMENTS § 117.71. Application information. Applications shall be submitted on forms provided by the Department. Copies of the application forms, application instructions and other information are available upon request from the Governor’s Center for Local Governm…

§ 117.72. Application requirements. Applicants shall submit to the Department three copies of the application, which shall include the following: (1) A description of the proposed project, including each piece of equipment or each facility, and the proposed use of the equipment o…

PROJECT REQUIREMENTS § 117.91. Factors in awarding loans. (a) The Department will allocate 50% of the funds available in the Fund for equipment loans and 50% of the funds for facility loans. The Department may reallocate program funds as needed to maximize the use of the funds in…

§ 117.92. Loans for facilities. (a) Loan proceeds for facilities may be used for land acquisition, construction, renovation and rehabilitation including planning and design costs. (b) Loans for construction, renovation or rehabilitation will be approved only under the condition t…

§ 117.93. Loans for equipment purchases. (a) The municipality shall deliver to the Department a note, security agreement and financing statements describing the specific equipment, which shall be filed with the Department of State, Corporation Bureau and the prothonotary’s office…

§ 117.94. Insurance. (a) When requested, the municipality shall maintain the following types and amounts of insurance from insurers approved by the Department, and shall provide the Department with evidence of a valid policy of insurance naming the Department as a co-payee: (1) C…

§ 117.95. Interest. The total amount of interest earned by the investment or reinvestment of all or a part of the principal of a loan shall be returned to the Department for deposit into the Fund and will not be credited as payment of principal or interest on the loan. Authority …

§ 117.96. Financial record requirements. (a) The municipality is required to establish and maintain separate files and records of project transactions. This will include applications, correspondence, loan contracts, paid invoices and cancelled checks. Loan proceeds and local matc…

GENERAL PROVISIONS § 119.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—Section 2501-C of The Administrative Code of 1929 (71 P. S. § 670.101). Center—The Center for Local …

APPLICATION REQUIREMENTS § 119.11. Statement of interest. It is recommended that a letter of interest be forwarded to the Center as a preface to discussion and guidance on making application for program aid.

§ 119.12. Submission of application. A grouping of municipalities may jointly apply for program aid through their formal organization and according to the established procedures of the Department of Community and Economic Development for making grant applications.

§ 119.13. Purpose of application. An application for program aid shall be for one of the following purposes: (1) To provide staffing for the ongoing operation of a COG. (2) To finance the operation of a functional program designed to solve areawide problems, provide areawide serv…