Subchapter C. REIMBURSEMENT OF
FLOOD CONTROL PROJECTS
GENERAL PROVISIONS Sec.
103.41. Establishment of flood control projects.
103.42. Reimbursement to local agency.
103.43. Information required.
103.44. Partial billings.
LAND ACQUISITION
103.51. Plan required.
103.52. Documents required.
103.53. Rights-of-way or easements.
RELOCATION OF FACILITIES
103.61. Agreement with owner.
103.62. Relocation by agency.
103.63. Relocation by owner.
Authority The provisions of this Subchapter C issued under section 13 of the act of August 7, 1936 (P. L. 106, No. 46) (32 P. S. § 665); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20), unless otherwise noted.
Source The provisions of this Subchapter C adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804, unless otherwise noted.
GENERAL PROVISIONS
§ 103.41. Establishment of flood control projects.
(a) The Department has been designated by the Legislature as the Commonwealth agency which shall participate with local sponsoring agencies in flood control projects.
(b) The Department has the authority to enter into agreements with local sponsoring agencies to assist them in financing certain specified local costs.
(c) The Department has the authority to make appropriate surveys and to prepare suitable plans for any proposed flood control district, and upon adoption thereof as official plans and following publication notice of such adoption, shall have the authority to establish a flood control district encompassing the area covered by the surveys and the official plans.
§ 103.42. Reimbursement to local agency.
(a) The Department normally will compensate the local sponsoring agency for up to 50% of its certified expenditures for land acquisition, relocation of facilities, and other related work in accordance with the agreement between the Department and the sponsoring agency.
(b) The Department will reimburse only for relocation of duplicate facilities. It will not cost share on any type of betterment which provides higher capacity or more elaborate facilities than those which originally existed. If betterments are made, the Department will cost share to the extent of the amount which would provide duplicate facilities, in their present condition, but no reimbursement will be provided for costs over and above this work.
(c) The following items shall not be reimbursable when routinely incurred:
(1) Legal fees.
(2) Surveying fees.
(3) Filing fees.
(4) Engineering fees.
(d) Certain requirements shall be met in order that the Department may promptly and efficiently process requests for reimbursements from the local sponsoring agency. The requirements are set forth in § § 103.43, 103.44, 103.51—103.53 and 103.61—103.63.
§ 103.43. Information required.
The following information shall be submitted in triplicate with all requests for reimbursement:
(1) A breakdown of the material and labor which the constructing company used, if applicable.
(2) Copies of bills from the constructing company to the local sponsor.
(3) Copies of cancelled checks from the sponsor to the constructing company.
(4) An invoice from the sponsor to the Department.
(5) A sketch showing original and relocated facilities.
Cross References This section cited in 25 Pa. Code § 103.42 (relating to reimbursement to local agency).
§ 103.44. Partial billings.
(a) The local sponsor shall assign a partial billing number when submitting invoices to the Department with a request for reimbursement. The first invoice shall be designated as Partial Billing No. 1, the second as Partial Billing No. 2, and so on.
(b) All items forwarded to the Department with regard to a request for reimbursement shall be submitted in triplicate.
Cross References This section cited in 25 Pa. Code § 103.42 (relating to reimbursement to local agency).
LAND ACQUISITION
§ 103.51. Plan required.
It shall be the responsibility of the sponsoring agency to provide the Department with a property and right of way acquisition plan for the flood control project prior to the Department’s acting on any requests for reimbursement.
Cross References This section cited in 25 Pa. Code § 103.42 (relating to reimbursement to local agency); and 25 Pa. Code § 103.53 (relating to rights-of-way or easements).
§ 103.52. Documents required.
The following documents, in triplicate, shall be required for back-up data for all requests to the Department for reimbursement for land acquisition made necessary by the flood control project:
(1) Appraisal of the property taken.
(2) Copy of the deed.
(3) Copy of the check or evidence of payment.
(4) Certificate of title by the attorney of the sponsor for the flood control project.
(5) Invoice from the local sponsor to the Department requesting reimbursement.
Cross References This section cited in 25 Pa. Code § 103.42 (relating to reimbursement to local agency); and 25 Pa. Code § 103.53 (relating to rights-of-way or easements).
§ 103.53. Rights-of-way or easements.
(a) If condemnation proceedings must be used to obtain rights of way, all of the requirements listed in § § 103.51 and 103.52 (relating to plan required; documents required) shall be met, except that a verdict of judgment of the Court or Board of Viewers will be accepted in lieu of an appraisal. In addition, certified copies of the report of the findings of the Board of Viewers or of the Court and a receipt and release of the judgment signed by the parties in interest shall be required.
(b) When condemnation proceedings are necessary to obtain certain property, it shall be necessary to submit a certified copy of the Declaration of Taking which was signed in the county in which the real estate is located.
(c) All of the items mentioned in subsections (a) and (b) shall be submitted to the Department in triplicate when a request for reimbursement is initiated.
Cross References This section cited in 25 Pa. Code § 103.42 (relating to reimbursement to local agency).
RELOCATION OF FACILITIES
§ 103.61. Agreement with owner.
When the local sponsor has obtained the property necessary for flood control construction to begin, it may be found that various facilities, such as pipe lines, electric wires, roadways, railroads, and the like, may have to be relocated. To accomplish this the local sponsor shall enter into an agreement with the owner of the facilities to be relocated. There are two basic procedures to be followed with regard to the relocation of these facilities which are set forth in § § 103.62 and 103.63 (relating to relocation by agency; and relocation by owner).
Cross References This section cited in 25 Pa. Code § 103.42 (relating to reimbursement to local agency).
§ 103.62. Relocation by agency.
(a) If facilities are to be relocated by the local sponsor the local sponsor shall obtain construction bids for the relocation of the facilities. Using this procedure, it shall be necessary for the sponsor to draft contract documents containing all information relative to construction. The estimate of the Corps of Engineers shall be a good guideline as to the total cost involved.
(b) Copies of all bid documents, that is, newspaper advertisements, bid invitations, bid forms, proposal forms, specifications, and drawings, shall be submitted to the Department. Upon receipt of bids of all interested parties, an abstract of these bids showing all bids received and the amounts of these bids, shall be submitted to the Department. Upon receipt of a letter to proceed from the Department the sponsor may award the contract.
(c) When requesting reimbursement for work done under bid contract, triplicate copies of the contract agreement, the abstract of bids, and pertinent correspondence between the Department and the sponsor, shall be submitted in addition to the usual requirements.
Cross References This section cited in 25 Pa. Code § 103.42 (relating to reimbursement to local agency); and 25 Pa. Code § 103.61 (relating to agreement with owner).
§ 103.63. Relocation by owner.
(a) If facilities are to be relocated by the owner, the local sponsor shall submit a written request to the Department outlining the work to be done, the persons doing it, the cost for which they will request reimbursement, and the plans showing where the facilities presently are and where they will be when relocation is completed. After reviewing this information, the Department will notify the sponsor of the degree of the participation of the Department.
(b) The sponsor shall always enter into an agreement with the persons doing the relocation work.
(c) Triplicate copies of all of the documents set forth in subsection (a) shall be required before a request for reimbursement will be processed.
Cross References This section cited in 25 Pa. Code § 103.42 (relating to reimbursement to local agency); and 25 Pa. Code § 103.61 (relating to agreement with owner).
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