reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 113 - FLOODPLAIN MANAGEMENT › Section 113.4 - Adoption of floodplain management regulations by identified municipalities

Current through Register Vol. 54, No. 28, July 13, 2024
(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 act requires adoption of the required regulations by a
				  municipality within 6 months after the date of receipt from FEMA of a Flood
				  Hazard Boundary Map or Flood Insurance Study.
(b) Municipalities required to adopt
				  floodplain management regulations will be notified by the Department and
				  requested to forward a copy of the adopted regulations and amendments thereto
				  to FEMA for approval in accordance with the requirements of the program. Two
				  copies of the regulations and amendments thereto shall also be forwarded to the
				  appropriate regional office of the Department for its review and approval in
				  accordance with the requirements of the act and this chapter.
(c) The Department will, in consultation with
				  the Department of Environmental Protection, review all the required floodplain
				  management regulations and will notify each municipality of its approval or
				  disapproval of the regulations within 30 days of receipt of the regulations by
				  the Department. If the regulations are not approved by the Department, the
				  Department will explain in what ways they are deficient and what must be done
				  in order to correct the deficiencies. A copy of the notification shall also be
				  sent to the appropriate county planning commission. In addition, the Department
				  will offer the technical assistance the municipality may need in order to
				  correct the deficiency.
(d) When
				  the Department receives notification from FEMA that FEMA has approved the
				  regulations for a municipality, the Department will notify the appropriate
				  county planning commission.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 113 - FLOODPLAIN MANAGEMENT › Section 113.5 - Municipal loss of eligibility to participate in the program

Current through Register Vol. 54, No. 28, July 13, 2024
(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 or loss of eligibility.
(b) Whenever a municipality receives notice
				  from FEMA that it is being suspended from the program, the Department will
				  offer to provide whatever technical assistance the municipality may need in
				  order to regain its program eligibility.
(c) In regaining its eligibility, a
				  municipality shall send the requested number of copies of required information
				  and documentation to FEMA and two copies to the appropriate regional office of
				  the Department for its information and review.
(d) When the Department receives a
				  notification from FEMA that a municipality has regained eligibility to
				  participate in the program, the Department will notify the appropriate county
				  planning commission.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 113 - FLOODPLAIN MANAGEMENT › Section 113.6 - Regulation of particular obstructions

Current through Register Vol. 54, No. 28, July 13, 2024
(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
				  pollution, increased flood levels or flows, or debris endangering life and
				  property when the obstructions are located in all or a designated portion of a
				  floodplain. The construction, enlargement or expansion of a structure or
				  commencement of an activity listed as a special hazard shall be prohibited in a
				  floodplain unless a special permit has been issued for the proposed
				  construction or activity.
(b) In
				  accordance with section 301 of the act (32 P. S. §
											679.301), the following list of obstructions
				  and activities which present special hazards in floodplains is included in this
				  chapter:
(1) Hospitals-public or
				  private.
(2) Nursing homes-public
				  or private.
(3) Jails.
(4) New mobile home parks and mobile home
				  subdivisions, and substantial improvements to the existing parks and
				  subdivisions.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 113 - FLOODPLAIN MANAGEMENT › Section 113.7 - Development which may endanger human life

Current through Register Vol. 54, No. 28, July 13, 2024
(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 hazard area
				  by the Environmental Quality Board.
(b) The floodplain management regulations
				  adopted by municipalities shall include provisions regulating the construction
				  or substantial improvement of a structure located within a flood hazard area,
				  which structure will be used for the production or storage of a material or
				  substance listed in subsection (c); which will be used for an activity
				  requiring the maintenance of a supply-more than 550 gallons on other comparable
				  volume-of materials or substances on the premises; or which structure will
				  involve the production, storage or use of an amount of radioactive substances.
				  The regulations adopted by municipalities shall require at a minimum the
				  following:
(1) That, within a flood hazard
				  area as determined by the Environmental Quality Board except for a delineated
				  floodway area, the construction or substantial improvement shall be prohibited
				  unless it is elevated or floodproofed to remain dry up to at least 1 1/2 feet
				  above the 100-year flood elevation.
(2) That, within any delineated floodway area
				  the construction or substantial improvement is prohibited.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 113 - FLOODPLAIN MANAGEMENT › Section 113.9 - Inspections

Current through Register Vol. 54, No. 28, July 13, 2024
(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 ascertaining the location and condition of obstructions, and to
				  enter land or, while under construction, a structure located in a floodplain,
				  for the purpose of ascertaining the compliance or noncompliance with applicable
				  floodplain management regulations.
(b) An employe or agent of the Department may
				  not undertake any of the activities listed in subsection (a) except in
				  accordance with the following:
(1) The
				  municipality within which the activity is to occur shall be given prior
				  notification of the activity, at least 24 hours in advance.
(2) The owner or occupant, or both, of a
				  premises shall be given prior notice of the activity at least 24 hours in
				  advance.
(3) The activities shall
				  take place only during normal weekday business hours unless other suitable
				  arrangements are made.
(4) The
				  individual conducting the inspection shall present his Department employe
				  identification card prior to the inspection, and upon request during the
				  inspection.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 113 - FLOODPLAIN MANAGEMENT › Section 113.10 - Enforcement by the Department and appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(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 written notice of violation to the municipality by registered or certified
				  mail. The notice shall state the nature of the violation and what the
				  municipality must do in order to correct the violation.
(2) Within 60 days of receipt of the notice
				  of violation, the municipality shall report to the Department the action which
				  the municipality is taking to comply with the requirement or
				  regulations.
(3) If the
				  municipality has failed to comply with the requirement or regulation within 180
				  days of the receipt of the notice of violation, the Department will notify the
				  State Treasurer, who shall hold in escrow funds payable to the municipality
				  from the General Fund, or other fund.
(4) When a municipality achieves or regains
				  compliance, the Department will notify the State Treasurer accordingly, within
				  3 working days after the Department has been notified or has determined that
				  the compliance has occurred.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 113 - FLOODPLAIN MANAGEMENT › Section 113.11 - Reimbursements and grants to municipalities

Current through Register Vol. 54, No. 28, July 13, 2024
(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. Grants
				  and reimbursements shall be available from the Department in accordance with
				  this section, provided that money is appropriated by the General Assembly for
				  such purposes.
(b) Grants will be
				  available from the Department to municipalities to reimburse them for allowable
				  costs incurred in complying with the requirements of the act. Reimbursements
				  will be for the following activities:
(1)
				  Fifty per cent of the allowable costs set forth in subsection (d) incurred for
				  the preparation and enactment, including required revisions, of the floodplain
				  management regulations necessary to comply with the requirements of the act and
				  this chapter.
(2) Fifty percent of
				  the allowable costs set forth in subsection (d) for the administration,
				  enforcement and implementation activities undertaken as required by the
				  act.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 113 - FLOODPLAIN MANAGEMENT › Appendix III - RECOMMENDATIONS AND SUGGESTIONS TO MUNICIPALITIES

Current through Register Vol. 54, No. 28, July 13, 2024
While not required by the act, the National Flood Insurance
					 Program, or these regulations, the following recommendations and suggestions
					 are offered to municipalities for their consideration as they undertake their
					 various floodplain management activities:
(a) Municipalities are encouraged to contact any regional
					 office of the Department for any information or assistance they may need
					 concerning the act, the National Flood Insurance Program, and floodplain
					 management generally.
(b) There are numerous other excellent sources of
					 information and assistance such as county and regional planning commission, the
					 U. S. Corps of Engineers, the U. S. Soil Conservation Service, the U. S.
					 Geological Survey, the Federal Insurance Administration, and the various river
					 basin commissions.
(c) Floodplain management should involve more than the
					 adoption of codes and ordinances which regulate development in areas subject to
					 flooding. Among other things, floodplain management can and should include many
					 other activities such as the establishment of flood warning systems, evacuation
					 and recovery plans, relocation and redevelopment efforts to reduce or eliminate
					 problems, and the promotion of flood insurance.
(d) Despite the obvious importance as an individual issue,
					 floodplain management is nevertheless only one of numerous other community
					 planning and development considerations. Thus, any floodplain management
					 activities undertaken by a municipality must be coordinated and integrated with
					 other planning and related efforts underway locally and at other levels.
(e) Municipalities are encouraged to adopt regulations
					 which more adequately control the use and development of areas which are
					 subject to flooding. For example, a municipality could more closely regulate
					 the kinds of uses and activities locating within its flood-prone areas. It
					 could also require new buildings and other structures to be elevated or
					 flood-proofed up to an elevation (preferably 1 1/2 feet) above the existing
					 100-year flood elevation. Numerous other possibilities also exist.
(f) Before adopting any regulations, municipalities are
					 encouraged to send a copy of the proposed regulations to the Department for
					 review and comment. This should avoid the need for a municipality to go back
					 and amend a recently enacted ordinance or code because something was deficient
					 or omitted.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 115 - FINANCIALLY DISTRESSED MUNICIPALITIES PROGRAM › Section 115.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
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
					 Department.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 115 - FINANCIALLY DISTRESSED MUNICIPALITIES PROGRAM › Section 115.2 - Annual survey of financial condition

Current through Register Vol. 54, No. 28, July 13, 2024
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 of financial condition is prohibited from receiving payments
					 to which the municipality may otherwise be entitled to receive under The Liquid
					 Fuels Tax Act (72 P. S. §§
											2611a-2611z).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 115 - FINANCIALLY DISTRESSED MUNICIPALITIES PROGRAM › Section 115.3 - Determination of municipal financial distress

Current through Register Vol. 54, No. 28, July 13, 2024
(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 period, with a deficit of at least 1% in each of the previous
				  fiscal years.
(2) The
				  municipality's expenditures have exceeded revenues for a period of at least 3
				  years.
(3) The municipality has
				  defaulted in payment of principal or interest on a bond or note, or in payment
				  of rentals due an authority.
(4)
				  The municipality has missed a payroll for 30 days.
(5) The municipality has failed to make
				  required payments to judgment creditors for 30 days beyond the date of the
				  recording of the judgment.
(6) The
				  municipality, for a period of at least 30 days beyond the due date, has failed
				  to forward taxes withheld on the income of employes, or has failed to transfer
				  employer or employe contributions for Social Security.
(7) The municipality has accumulated and has
				  operated for each of 2 successive years a deficit equal to at least 5% of its
				  revenues.
(8) The municipality has
				  failed to make the budgeted payment of its minimum municipal obligation as
				  required by section 302 of the Municipal Pension Plan Funding Standard and
				  Recovery Act (53 P. S. §
												895.302),
				  with respect to a pension fund during the fiscal year for which the payment was
				  budgeted, and has failed to take action within that time period to make
				  required payments.
(9) A
				  municipality has sought to negotiate resolution or adjustment of a claim in
				  excess of 30% against a fund or budget, and has failed to reach an agreement
				  with creditors.
(10) A municipality
				  has filed a Municipal Debt Readjustment Plan, under
				  11 U.S.C.A. §§
												901-946 (relating to adjustment of
				  debts of a municipality).
(11) The
				  municipality has experienced a decrease in a quantified level of municipal
				  service from the preceding fiscal year, which has resulted from the
				  municipality reaching its legal limit in levying real estate taxes for general
				  purposes. For determining levels of municipal service for the year 1987, the
				  Department will utilize annual statistical data since the year 1982 to
				  determine a pattern of decrease in delivery of municipal services since
				  1982.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 115 - FINANCIALLY DISTRESSED MUNICIPALITIES PROGRAM › Section 115.4 - Municipal distress coordinator

Current through Register Vol. 54, No. 28, July 13, 2024
(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 may be an employe of the
				  Department, a consultant or a firm. The coordinator may not be an elected
				  official or an employe of the municipality.
(1) A coordinator will be selected by the
				  Secretary.
(2) The Secretary may
				  consider the municipality's preference in the selection of the
				  coordinator.
(3) The Department
				  will maintain a list of eligible, qualified coordinators.
(4) The salary and expenses of the
				  coordinator will be paid by the Department.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 115 - FINANCIALLY DISTRESSED MUNICIPALITIES PROGRAM › Section 115.5 - Municipal recovery plans

Current through Register Vol. 54, No. 28, July 13, 2024
(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 plan is rejected by the municipality, the municipality shall
				  develop its own plan which will be subject to approval by the
				  Secretary.
(d) If the Secretary
				  rejects the municipal plan, Commonwealth funds will be withheld from the
				  municipality under sections 251 and 264(d) of the act (53 P. S.
				  §§
											11701.251 and
				  11701.264(d)).
(e) If the municipality's plan is adopted, a
				  person designated by the governing body or by the chief executive officer in a
				  home rule municipality, will assume the duties of plan coordinator.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 115 - FINANCIALLY DISTRESSED MUNICIPALITIES PROGRAM › Section 115.6 - Emergency loans

Current through Register Vol. 54, No. 28, July 13, 2024
(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 loan, the Department may conduct a consultative investigation to
				  determine whether emergency funds are warranted and the amount of emergency
				  funds needed. Short-term loans will be available if the applicant verifies that
				  one of the following conditions exists:
(1)
				  The municipality is in imminent danger of insolvency.
(2) There is a clear and present danger to
				  the health and safety of the residents.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 115 - FINANCIALLY DISTRESSED MUNICIPALITIES PROGRAM › Section 115.7 - Grants

Current through Register Vol. 54, No. 28, July 13, 2024
(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 municipal costs.
(2) Share municipal services.
(3) Improve municipal productivity.
(4) Increase municipal revenues.
(5) Ease and assist the municipality through
				  consolidation or merger.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 115 - FINANCIALLY DISTRESSED MUNICIPALITIES PROGRAM › Section 115.8 - Consolidation or merger of economically nonviable municipalities

Current through Register Vol. 54, No. 28, July 13, 2024
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
					 electors of the affected municipality by initiative, or by passage of an
					 ordinance by the governing bodies of the municipalities proposed for
					 consolidation or merger, may place the question of consolidation or merger on a
					 referendum as provided in Chapter 4 of the act (53 P. S. §§
											11701.401-11701.423). In either situation a
					 referendum shall be held at the next primary or general election. A
					 consolidation or merger may not become effective unless the referendum is
					 approved by majority vote in each affected municipality. It is the policy of
					 the Commonwealth to give priority to consolidated or merged municipalities in
					 economic and community development programs funded by the Commonwealth. The
					 Secretary will notify Commonwealth agencies of this priority.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 115 - FINANCIALLY DISTRESSED MUNICIPALITIES PROGRAM › Section 115.9 - Termination of municipal distress status

Current through Register Vol. 54, No. 28, July 13, 2024
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. Prior to the hearing, the Secretary may direct that a
					 financial analysis be undertaken to determine the extent of the municipality's
					 actual financial recovery. If the Secretary is satisfied that the conditions
					 which led to the earlier determination of municipal distress are no longer
					 present and the objectives of the municipal recovery plan have been achieved,
					 the Secretary will order the distress status terminated.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 115 - FINANCIALLY DISTRESSED MUNICIPALITIES PROGRAM › Section 115.10 - Public hearings conducted by the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(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 newspaper of general circulation in the municipality, at
				  least 3 days prior to the scheduled date of the hearing.
(b) A hearing will be conducted under 1 Pa.
				  Code Part II (relating to general rules of administrative practice and
				  procedure).
(c) The Secretary will
				  designate presiding officers for public hearings under the act by giving notice
				  of the appointment of them in the
Pennsylvania Bulletin
. The
				  presiding officer shall produce a report identifying separately the issues,
				  facts and findings pertaining to the financial distress determination of the
				  applying municipality. The final report of the presiding officer shall, at its
				  conclusion, recommend whether or not the municipality involved should be
				  declared distressed.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 117 - LOCAL GOVERNMENT CAPITAL PROJECT LOAN FUND › GENERAL › Section 117.51 - Authority for loans

Current through Register Vol. 54, No. 28, July 13, 2024
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 1990-91
						and FY 1991-92. The Department will provide low interest loans to qualifying
						municipalities.
The provisions of this §
													117.51 issued under section 7 of
						  the Local Government Capital Project Loan Fund Act (53 P. S. §
														6781-7).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 117 - LOCAL GOVERNMENT CAPITAL PROJECT LOAN FUND › GENERAL › Section 117.52 - Objective of Local Government Capital Projects Loan Program

Current through Register Vol. 54, No. 28, July 13, 2024
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
						rehabilitation of facilities. The Program is intended to give small local
						governments, who find the cost of borrowing at conventional rates to be
						prohibitive, an opportunity to secure needed funds at an interest rate of 2%
						per annum. Repayment will be made over a period not to exceed either 10 years
						or the useful life of the equipment or facilities, whichever is
						less.
The provisions of this §
													117.52 issued under section 7 of
						  the Local Government Capital Project Loan Fund Act (53 P. S. §
														6781-7).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 117 - LOCAL GOVERNMENT CAPITAL PROJECT LOAN FUND › GENERAL › Section 117.53 - Eligible applicants

Current through Register Vol. 54, No. 28, July 13, 2024
A municipality with a population of 12,000 or less is
						eligible to apply for funds.
The provisions of this §
													117.53 issued under section 7 of
						  the Local Government Capital Project Loan Fund Act (53 P. S. §
														6781-7).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 117 - LOCAL GOVERNMENT CAPITAL PROJECT LOAN FUND › GENERAL › Section 117.54 - Loan limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(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 purchasing,
					 constructing, renovating or rehabilitating the facility, whichever is
					 less.
(c) The remainder of project
					 costs shall be provided as the local share. The local share may include, as
					 appropriate, grants or loans from other sources, or assets or revenues of the
					 municipality.
(d) The minimum
					 amount of a loan is $1,000.
(e)
					 Eligible municipalities may submit no more than one application in each funding
					 cycle.
(f) Loans may not be used
					 for operating expenditures or for the refinancing or reduction of a debt or
					 obligation.
(g) Loans shall be
					 repaid in a period not to exceed either 10 years or the useful life of the
					 equipment or facility, whichever is less. A loan in the amount of $10,000 or
					 less shall be for a period of not more than 5 years or the useful life of the
					 equipment or facility, whichever is less.
(h) Loan repayments shall include principal
					 plus interest at the rate of 2% per annum payable monthly on the unpaid
					 principal, with the repayments to commence not later than 2 months after the
					 date of the loan agreement and payable on the first day of each quarter
					 thereafter throughout the term of the loan.
(i) A delinquency charge of 6% per annum will
					 be imposed for a loan repayment that is 30 or more days after the original due
					 date.
The provisions of this §
													117.54 issued under section 7 of
						  the Local Government Capital Project Loan Fund Act (53 P. S. §
														6781-7).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 117 - LOCAL GOVERNMENT CAPITAL PROJECT LOAN FUND › GENERAL › Section 117.55 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
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
						Projects Loans Fund.
The provisions of this §
													117.55 issued under section 7 of
						  the Local Government Capital Project Loan Fund Act (53 P. S. §
														6781-7).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 117 - LOCAL GOVERNMENT CAPITAL PROJECT LOAN FUND › APPLICATION REQUIREMENTS › Section 117.71 - Application information

Current through Register Vol. 54, No. 28, July 13, 2024
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
						Government Services, Department of Community and Economic Development,
						Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg,
						Pennsylvania 17120. Applications shall be submitted to this address. A letter
						of interest shall be forwarded to the Division for guidance on making
						applications for program funds.
The provisions of this §
													117.71 issued under section 7 of
						  the Local Government Capital Project Loan Fund Act (53 P. S. §
														6781-7).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 117 - LOCAL GOVERNMENT CAPITAL PROJECT LOAN FUND › APPLICATION REQUIREMENTS › Section 117.72 - Application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
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 or facility.
(2) A
					 statement concerning the impact of the project on the health, safety and
					 welfare of the residents of the municipality.
(3) A statement concerning the sharing of the
					 equipment or facility with other municipalities.
(4) A budget or outline of the financing of
					 the proposed project, including information on the sources of funding for the
					 project.
(5) A municipal resolution
					 authorizing the submission of the application and committing the local share of
					 the funds per Attachment A of the application.
(6) A statement of commitment for all sources
					 of funding.
(7) Evidence of
					 compliance with the Flood Plain Management Act (32 P. S. §§
												679.101-679.601), or a resolution indicating
					 intent to comply per Attachment B of the application.
(8) A copy of the municipal audit report for
					 the last fiscal year.
(9) A plan
					 specifying how the loan will be repaid per Attachment C of the
					 application.
(10) A copy of
					 plans/specifications for the project.
(11) Evidence of compliance with approval
					 requirements of the Local Government Unit Debt Act (53 P. S. §§
												6780-1-6780-609), when appropriate.
(12) If the application requests a score for
					 intergovernmental cooperation, a resolution or letter of commitment from other
					 municipalities participating in the project shall be submitted.
(13) Applications will not be accepted by the
					 Department by facsimile machine.
The provisions of this §
													117.72 issued under section 7 of
						  the Local Government Capital Project Loan Fund Act (53 P. S. §
														6781-7).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 117 - LOCAL GOVERNMENT CAPITAL PROJECT LOAN FUND › PROJECT REQUIREMENTS › Section 117.91 - Factors in awarding loans

Current through Register Vol. 54, No. 28, July 13, 2024
(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 accordance with the
					 Local Government Capital Projects Loan Fund Act (53 P. S. §§
												6781-1-6781-9).
(b) If the Department receives more
					 applications for loans than there are funds available during an application
					 period or funding cycle, it will rank the applications in order of priority
					 according to the following criteria:
(1)
					 Financial disadvantage as measured under the Department's Early Warning
					 System.
(2) The impact of the
					 purchase of equipment or the purchase, construction, renovation or
					 rehabilitation of facilities on the health, safety or welfare of the residents
					 of the municipality.
(3) Commitment
					 for the sharing of the equipment or facilities among two or more
					 municipalities.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 117 - LOCAL GOVERNMENT CAPITAL PROJECT LOAN FUND › PROJECT REQUIREMENTS › Section 117.93 - Loans for equipment purchases

Current through Register Vol. 54, No. 28, July 13, 2024
(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
					 in the county where the equipment is physically housed or used, and other
					 documents in conformity with 13 Pa.C.S. Division 9 (relating to Secured
					 Transactions; Sales of Accounts, Contract Rights and Chattel Paper) necessary
					 to create and perfect a security interest in favor of the Department in the
					 property acquired either in whole or in part by the municipality with proceeds
					 from the Department loan.
(b) If a
					 portion of the proceeds of a Department loan is used by the municipality for
					 the purchase or other acquisition of a motor vehicle, the municipality shall
					 supply to the Department the title to the vehicle being purchased and shall
					 insure that a valid encumbrance is recorded in favor of the
					 Department.
(c) If other sources
					 are supplying funding in addition to the Department, the Department will accept
					 a subordinate lien position.
(d)
					 For new or used equipment purchases or procurement, the municipality shall
					 submit one complete set of specifications of the item of equipment. The
					 municipality is responsible for complying with applicable Federal, State or
					 local laws with respect to equipment procurement.
(e) Loan proceeds for the acquisition of
					 equipment shall be disbursed to the municipality at the time of settlement as a
					 lump sum disbursement.
The provisions of this §
													117.93 issued under section 7 of
						  the Local Government Capital Project Loan Fund Act (53 P. S. §
														6781-7).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 117 - LOCAL GOVERNMENT CAPITAL PROJECT LOAN FUND › PROJECT REQUIREMENTS › Section 117.94 - Insurance

Current through Register Vol. 54, No. 28, July 13, 2024
(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) Construction coverage.
(i) Worker's compensation insurance and
					 employer's liability insurance.
(ii) Combined coverage, comprehensive general
					 liability insurance and owner's protective liability insurance.
(iii) Builder's risk on the project and the
					 improvements including the materials, equipment and other personal property
					 located on the mortgaged property which are used or intended to be used in the
					 project and the improvements; with extended coverage, vandalism and malicious
					 mischief; and with no more than a $250 deductible provision for all
					 losses.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 117 - LOCAL GOVERNMENT CAPITAL PROJECT LOAN FUND › PROJECT REQUIREMENTS › Section 117.95 - Interest

Current through Register Vol. 54, No. 28, July 13, 2024
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.
The provisions of this §
													117.95 issued under section 7 of
						  the Local Government Capital Project Loan Fund Act (53 P. S. §
														6781-7).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 117 - LOCAL GOVERNMENT CAPITAL PROJECT LOAN FUND › PROJECT REQUIREMENTS › Section 117.96 - Financial record requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(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 matching funds shall be deposited in a special project
					 account.
(b) The Department may
					 require the completion and submission of financial statements or audits, or
					 both, prior to satisfaction of indebtedness.
The provisions of this §
													117.96 issued under section 7 of
						  the Local Government Capital Project Loan Fund Act (53 P. S. §
														6781-7).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 119 - COUNCILS OF GOVERNMENT ASSISTANCE PROGRAM › GENERAL PROVISIONS › Section 119.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
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 Government
						Services of the Department.
COG
-This term shall be divided as
						follows:
(i)
Group A.
Any grouping of municipalities which have joined together formally to discuss,
					 plan and act on matters of common concern and which is referred to in this
					 chapter as a Council of Governments.
(ii)
Group B.
Any two or
					 more municipalities that are considering joining together formally to discuss,
					 plan and act on matters of common concern.
Municipality
-A city, borough, township
						or county.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 119 - COUNCILS OF GOVERNMENT ASSISTANCE PROGRAM › GENERAL PROVISIONS › Section 119.2 - Authority for grants

Current through Register Vol. 54, No. 28, July 13, 2024
The act authorizes the Department to make grants to any
						two or more municipalities or another similar general purpose unit of
						government created by the General Assembly, or to a body which is authorized to
						act in behalf of two or more units of government, for the purpose of assisting
						them in acting in concert in the performance of a local governmental function,
						or for the purpose of conducting studies and investigations to determine the
						feasibility and desirability of acting in concert in the performance of local
						governmental functions.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 119 - COUNCILS OF GOVERNMENT ASSISTANCE PROGRAM › GENERAL PROVISIONS › Section 119.3 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter provides guidelines for making available to
						local governments the funds provided for in the act and future
						appropriations.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 119 - COUNCILS OF GOVERNMENT ASSISTANCE PROGRAM › GENERAL PROVISIONS › Section 119.4 - Eligibility requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Group A.
Eligibility requirements for Group A shall be as
					 follows:
(1) To be eligible for program aid,
					 a COG shall comply with the following requirements:
(i) The COG membership shall consist of at
					 least two municipalities each of which shall have entered into a formal
					 agreement or arrangement in forming the COG.
(ii) The COG shall be organized to
					 continuously address itself to matters of areawide concern.
(iii) If the COG is formed to carry out a
					 functional program, at least 2/3 of the COG membership shall participate in the
					 program. Where a COG has only two members mutual consent shall be
					 required.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 119 - COUNCILS OF GOVERNMENT ASSISTANCE PROGRAM › APPLICATION REQUIREMENTS › Section 119.11 - Statement of interest

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 119 - COUNCILS OF GOVERNMENT ASSISTANCE PROGRAM › APPLICATION REQUIREMENTS › Section 119.12 - Submission of application

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 119 - COUNCILS OF GOVERNMENT ASSISTANCE PROGRAM › APPLICATION REQUIREMENTS › Section 119.13 - Purpose of application

Current through Register Vol. 54, No. 28, July 13, 2024
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 services or make
					 for more efficient operation of the area's governmental units.
(3) To assist in financing studies to
					 determine the feasibility and desirability of acting in concert in the
					 performance of a local governmental function.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 119 - COUNCILS OF GOVERNMENT ASSISTANCE PROGRAM › APPLICATION REQUIREMENTS › Section 119.14 - Application documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Group A.
The following documents are required in applying for
					 program aid:
(1) Three completed copies of
					 the official application.
(2) Three
					 copies of a brief narrative description of the proposed project, whether it
					 involves general staffing of the COG or undertaking a functional program or
					 study.
(3) A listing of the COG
					 members which will participate in the project.
(4) Three copies of a basic analysis or
					 outline of the financing of the proposed project, whether for staffing or for
					 operating a functional program or study.
(5) A copy of the bylaws and articles of
					 agreement establishing the COG.
(6)
					 A minimum amount of copies of selected records or informational material
					 necessary to indicate the following:
(i) The
					 activities of the COG.
(ii)
					 Financial support and participation of its members.
(iii) Short and long range planning for COG
					 development.