PRINTER'S NO. 743
No. 678 Session of 1991
INTRODUCED BY WOZNIAK, PESCI, TIGUE, GEIST AND HALUSKA,
MARCH 12, 1991
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 12, 1991
AN ACT
1 Relating to and regulating local government boundary changes;
2 and making repeals.
3 TABLE OF CONTENTS
4 Chapter 1. General Provisions
5 Section 101. Short title.
6 Section 102. Definitions.
7 Section 103. Interpretation.
8 Section 104. Applicability.
9 Chapter 2. Boundary Change Commission
10 Section 201. Boundary Change Commission.
11 Section 202. Conduct of business.
12 Section 203. Powers and duties.
13 Section 204. Criteria for granting approval of detachments of
14 territory.
15 Section 205. Findings of effect of detachment.
16 Section 206. Commission panels.
17 Section 207. Costs of commission.
1 Chapter 3. Annexation
2 Subchapter A. General Provisions
3 Section 301. Procedure for annexation.
4 Subchapter B. Petition to Commission
5 Section 311. Petition to commission.
6 Section 312. Notice of annexation proposal.
7 Section 313. Study and report of petition for annexation.
8 Section 314. Annexation of property of annexing municipality or
9 municipal authority created solely thereby.
10 Subchapter C. Action by Governing Bodies
11 Section 321. Transfer or exchange of territory by agreement of
12 adjacent municipalities.
13 Section 322. Content of ordinances.
14 Section 323. Responsibilities of annexing municipality
15 following annexation.
16 Section 324. Appeals.
17 Subchapter D. Initiative and Referendum
18 Section 331. Annexation by initiative and referendum.
19 Section 332. Distribution of annexed territory among wards.
20 Section 333. Adjustment of indebtedness, assets and liabilities
21 following annexation.
22 Section 334. Judicial adjustment on failure of agreement.
23 Section 335. Proceedings on judicial adjustment.
24 Section 336. Exceptions to report.
25 Section 337. Compensation and expenses of commissioners.
26 Section 338. Annexing municipality located in two or more
27 counties.
28 Section 339. Liquidation of indebtedness.
29 Section 340. Collection of taxes levied prior to annexation.
30 Section 341. Authorized expenditures.
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1 Section 342. Crossing county lines.
2 Section 343. Election districts and officers.
3 Chapter 4. Consolidation or Merger
4 Section 401. Procedure for consolidation or merger.
5 Section 402. Joint agreement of governing bodies.
6 Section 403. Initiative of electors.
7 Section 404. Initiation by petition to commission.
8 Section 405. Conduct of referenda.
9 Section 406. Consolidation or merger agreement.
10 Section 407. Effectuation of consolidation or merger.
11 Section 408. Effect of transition on employees of consolidated
12 or merged municipality.
13 Section 409. Procedures.
14 Chapter 5. Incorporation
15 Section 501. Procedure for incorporation.
16 Section 502. Petition for incorporation.
17 Section 503. Incorporation petition.
18 Section 504. Study and report on petition for incorporation.
19 Section 505. Incorporation election.
20 Section 506. Effectuation of incorporation.
21 Section 507. Assets, liabilities and indebtedness where entire
22 municipality incorporated as new municipality.
23 Section 508. Adjustment of assets, liabilities and indebtedness
24 where part of municipality becomes incorporated
25 municipality.
26 Section 509. Judicial adjustment on failure of agreement.
27 Section 510. Proceedings on judicial adjustment.
28 Section 511. Compensation and expenses of commissioners.
29 Section 512. Incorporating municipality located in two or more
30 counties.
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1 Section 513. Liquidation of indebtedness.
2 Section 514. Collection of taxes levied prior to incorporation.
3 Section 515. Crossing county lines.
4 Section 516. Election districts and officers.
5 Chapter 6. Repeals and Effective Date
6 Section 601. Repeals.
7 Section 602. Application to procedures previously initiated.
8 Section 603. Effective date.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 CHAPTER 1
12 GENERAL PROVISIONS
13 Section 101. Short title.
14 This act shall be known and may be cited as the Municipal
15 Boundary Change Act.
16 Section 102. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Annexation." Any change in municipal boundaries resulting
21 from the transfer of territory, comprising part of any
22 municipality, to any other municipality.
23 "Annexed municipality." Any municipality from which
24 territory shall be proposed to be annexed or attached to an
25 annexing municipality under Chapter 2. The annexed municipality
26 may be, but need not necessarily be, located in the same county
27 as the annexing municipality.
28 "Annexing municipality." Any municipality to which territory
29 shall be or shall be proposed to be annexed or attached. The
30 annexing municipality may be, but need not necessarily be,
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1 located in the same county as the annexed municipality.
2 "Commission." The Boundary Change Commission.
3 "Consolidated or merged municipality." A municipal entity
4 resulting from successful consolidation or merger proceedings
5 under Chapter 3.
6 "Consolidation or merger." The combination of two or more
7 municipalities into one municipality.
8 "Contiguous territory." A territory or area of which a
9 portion abuts the boundary of another municipality, including
10 territory or area separated from the exact boundary of another
11 municipality by a street, road, railroad or highway or by a
12 river or other natural or artificial stream of water.
13 "Department." The Department of Community Affairs of the
14 Commonwealth.
15 "Detached municipality." A municipality which would decrease
16 in total territory or area as a result of annexation,
17 incorporation or any other means by which territory or area can
18 be transferred.
19 "Detaching municipality." A municipality which would
20 increase in total territory or area as a result of annexation,
21 incorporation or any other means by which territory or area can
22 be transferred.
23 "Detachment." The transfer of territory or area by
24 annexation, incorporation or other means from one municipality
25 to another municipality.
26 "Election officials." The county boards of election, except
27 in a city of the first class where "election officials" means
28 the city board of elections.
29 "Existing municipality." A municipality from which territory
30 or area is proposed to be annexed.
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1 "Incorporation." The creation of a new municipality from all
2 or part of the territory or area of an existing municipality or
3 municipalities.
4 "Initiative." As defined in sections 321 and 403, initiative
5 shall mean the filing with applicable election officials of a
6 petition containing a proposal for a referendum to be placed on
7 the ballot of the next election. The petition shall be:
8 (1) Filed not later than the 13th Tuesday prior to the
9 next election in which it will appear on the ballot.
10 (2) Signed by voters comprising 5% of the persons voting
11 for the Office of Governor in the last gubernatorial general
12 election in the municipality where the proposal will appear
13 on the ballot.
14 (3) Placed on the ballot by election officials in a
15 manner fairly representing the content of the petition for
16 decision by referendum at said election.
17 (4) Submitted not more than once in five years.
18 "Municipality." Any city, borough, incorporated town,
19 township of the first class, township of the second class, home
20 rule municipality or any general purpose unit of government
21 hereinafter created by the General Assembly. The term shall not
22 include any county.
23 "Referendum." Placement of a question inserted on the
24 ballot, by initiative or otherwise, by a majority vote of the
25 electors voting thereon.
26 Section 103. Interpretation.
27 (a) Successive changes not affected.--Nothing in this act
28 shall preclude, restrict or limit successive changes in
29 boundaries and territorial limits of any municipality that would
30 affect any specific territory.
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1 (b) Municipalities in more than one county.--When any
2 boundary change shall be made under the provisions of this act
3 which shall result in a municipality which lies partly in one
4 county and partly in one or more other counties, the territory
5 or area within such municipality shall, for county and
6 institution district purposes, be and remain a part of the
7 county in which such territory is physically located.
8 (c) School districts not affected.--Nothing in this act, and
9 no action taken pursuant to this act, shall affect or apply to
10 any school district or any school district boundary. Nothing in
11 this act shall preclude further action from being taken under
12 the provisions of the act of March 10, 1949 (P.L.30, No.14),
13 known as the Public School Code of 1949, or other applicable
14 provisions of the law to change school district boundaries or
15 locations.
16 Section 104. Applicability.
17 This act establishes the procedure for and shall apply to the
18 change of boundaries of all municipalities.
19 CHAPTER 2
20 BOUNDARY CHANGE COMMISSION
21 Section 201. Boundary Change Commission.
22 (a) Composition.--The Boundary Change Commission is created
23 and shall be composed of 11 members, three of whom are to be
24 appointed by the Governor, two of whom are to be appointed by
25 the President pro tempore of the Senate, two members appointed
26 by the Minority Leader of the Senate, two members appointed by
27 the Speaker of the House of Representatives and two members
28 appointed by the Minority Leader of the House of
29 Representatives. The members of the commission appointed by each
30 of the appointing powers shall not be of the same political
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1 party. Commission members shall not be members of the General
2 Assembly. The chairman of the commission shall be elected by a
3 majority vote of the commission members.
4 (b) Terms.--The commission members shall be appointed as to
5 provide for staggered terms to begin on January 1, 1990, and
6 each shall serve until his successor is qualified. Initially,
7 the three members appointed by the Governor shall be appointed
8 for a term of four years. The two members appointed by the
9 President pro tempore of the Senate and the Speaker of the House
10 of Representatives respectively shall be appointed for a term of
11 three years. The two members appointed by the Minority Leaders
12 of the Senate and the House of Representatives respectively
13 shall be appointed for a term of two years. Thereafter, terms of
14 each member of the commission shall be for a period of four
15 years.
16 (c) Vacancies.--Vacancies shall be filled by the respective
17 appointing power. The person appointed to fill such vacancy
18 shall serve only for the remainder of the vacated term.
19 Section 202. Conduct of business.
20 The commission shall meet quarterly in the city of
21 Harrisburg, except as required for the conduct of public
22 hearings within the territory or area proposed for boundary
23 change actions. The commission shall promulgate rules and
24 regulations and prescribe procedures necessary or desirable in
25 carrying out the intent and purpose of this act, including forms
26 of petitions for municipal boundary changes and the documents,
27 maps and supporting statements deemed to be necessary, and
28 establish rules for public hearings and for the submission of
29 supplementary documents and statements. The commission is
30 subject to the meeting requirements of the act of July 3, 1986
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1 (P.L.388, No.84), known as the Sunshine Act. The commission
2 shall keep a record of all proceedings and shall annually, by
3 July 31, make a written report of its business and activities to
4 the Governor, the General Assembly, the Governor's Office of
5 Policy Development or its successor, the Department of
6 Transportation, the Department of Community Affairs, the
7 Department of Education, the State Tax Equalization Board, the
8 Legislative Reapportionment Commission and the court of common
9 pleas and the board of county commissioners of the county or
10 counties in which municipalities affected are located.
11 Section 203. Powers and duties.
12 The powers and duties of the commission are as follows:
13 (1) To make studies of proposed local boundary changes
14 that are referred to it by ordinance of the governing bodies
15 of municipalities contemplating a procedure for boundary
16 change, or by a petition signed by at least 5% of the
17 registered electors of a municipality directly affected by
18 the proposed study and advise the municipalities thereon, or
19 on its own initiative. The governing body of any municipality
20 may at any time request the commission to make a study of any
21 proposal for boundary changes affecting the municipality.
22 Such request may also be made jointly by the governing bodies
23 of all the municipalities directly affected by such a
24 proposal.
25 (2) To undertake long-range studies of local boundary
26 problems in Pennsylvania.
27 (3) To set up a system of State and local reporting and
28 recording of local boundary changes, and of proposals
29 relating to local boundary changes. No boundary change shall
30 be considered final until official copies of all ordinances,
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1 petitions and pertinent election returns and other official
2 documents relating to local boundary changes are deposited
3 with the commission and the applicable court of common pleas.
4 (4) To set standards such as population, areawide
5 interests, homogeneity, and services which may be used as the
6 basis for recommending State and local action relating to
7 local boundary changes.
8 (5) To make studies of boundary change proposals, other
9 than those effected through the process of initiative and
10 referendum, which involve detachment of territory from a
11 municipality.
12 (6) To determine the precedence of simultaneous local
13 boundary change proceedings which affect the same territory.
14 (7) To receive recommendations for applicable boundary
15 changes from a financial plan adopted by a distressed
16 municipality pursuant to the act of July 10, 1987 (P.L.246,
17 No.47), known as the Financially Distressed Municipalities
18 Act.
19 Section 204. Criteria for granting approval of detachments of
20 territory.
21 (a) Consideration of criteria.--In determining whether a
22 proposed detachment of territory requiring its approval shall
23 receive such approval, the commission shall consider, but shall
24 not be limited to, the following:
25 (1) The topography and other physical characteristics of
26 the geographical area affected by the proposed detachment.
27 (2) The comprehensive plans that pertain to any
28 municipality or territory affected by the proposed
29 detachment.
30 (3) Service factors such as:
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1 (i) The need for additional municipal services in
2 the territory proposed for detachment.
3 (ii) The ability and willingness of any detaching
4 municipality to provide municipal services to any
5 affected territory and the time period within which the
6 residents of such territory shall receive such services.
7 (iii) The extent to which any affected municipality
8 or territory is interdependent for municipal services
9 with others that are affected by the proposed detachment.
10 (4) The ability of any detaching municipality to assume
11 a share of the existing indebtedness and to purchase public
12 property, as provided in sections 333 and 507.
13 (5) The extent to which there are mutual community
14 interests in the territory proposed for annexation and in the
15 annexing municipality.
16 (b) Mandatory denial.--If the only reason set forth in the
17 annexation petition is the demand or promise of extension of
18 municipal services and within a reasonable period of time, as
19 established by the commission, the existing municipality
20 provides such services, then the commission shall deny the
21 petition for annexation.
22 Section 205. Findings of effect of detachment.
23 If the commission shall determine that a proposed detachment
24 shall seriously impair the ability of the remaining portion of
25 the municipality from which territory is proposed for detachment
26 to provide public services to its residents, the commission
27 shall take one of the following actions:
28 (1) Direct that there be no further action on the
29 original incorporation or annexation petition and initiate a
30 referendum in the affected municipalities for incorporation
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1 or consolidation of the entire area of the affected
2 municipalities.
3 (2) Recommend approval of the original petition for
4 annexation or incorporation with agreement that, before
5 passage of the annexation ordinance or before submitting the
6 question of incorporation to the electors of the
7 municipalities or parts of municipalities affected,
8 provisions shall be made for the remaining portion of the
9 municipality from which territory is proposed to be detached
10 to be either consolidated with or annexed to another
11 contiguous municipality.
12 (3) Disapprove the original petition for detachment.
13 Section 206. Commission panels.
14 (a) Submission of proposed changes.--All proposed boundary
15 changes shall be submitted to the commission. Notice of each
16 proposal shall be forwarded to the chairman of the commission,
17 who may then administratively assign the proposal to a panel
18 composed of not more than seven and not less than three members
19 of the commission who are not residents of the municipalities
20 affected.
21 (b) Action by commission.--The commission panel so appointed
22 or the commission as a whole will have the right to hold
23 hearings, conduct investigations and solicit the advice of
24 experts, citizens and officials involved. The panel will be
25 entitled to call such citizens as are available and to hear from
26 those persons within the panel's discretion.
27 (c) Remuneration of members.--The members of the panel and
28 commission shall be paid $100 per diem and other actual expenses
29 incurred when actually engaged in the performance of their
30 duties.
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1 (d) Employment of personnel.--The commission or panel may
2 employ the necessary administrative and clerical personnel or
3 utilize available existing personnel from the department for the
4 conduct of investigations, hearings and determinations. Any
5 salaried persons who are loaned to the commission by the
6 department will not be paid additional compensation except for
7 actual expenses which are incurred while attending these
8 functions, in which case they will be reimbursed.
9 Section 207. Costs of commission.
10 The cost of the functions of the commission in each
11 individual matter referred to it shall be equitably assessed by
12 the commission which in turn shall, as soon as it is assigned,
13 meet with the municipal officials involved and such other
14 persons who may have been involved in the initiation of the
15 question, after which the commission shall determine and advise
16 them as to the assessment of costs that the municipalities will
17 be expected to pay.
18 CHAPTER 3
19 ANNEXATION
20 SUBCHAPTER A
21 GENERAL PROVISIONS
22 Section 301. Procedure for annexation.
23 Annexation of contiguous territory may be accomplished by one
24 of the following methods:
25 (1) Petition to the commission, approval by the
26 commission and adoption of an ordinance by the annexing
27 municipality.
28 (2) Action of the governing bodies of the municipalities
29 affected.
30 (3) Initiative and referendum.
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1 SUBCHAPTER B
2 PETITION TO COMMISSION
3 Section 311. Petition to commission.
4 (a) Initiation of action.--An annexation may be initiated by
5 a petition signed by electors comprising at least 50% of the
6 number of electors voting for the office of Governor in the last
7 gubernatorial general election within the territory proposed for
8 annexation, or by the freeholders who represent at least 50% of
9 the assessed valuation of real property within the territory
10 proposed for annexation, as certified by the board or boards of
11 county commissioners. The petition must be submitted to the
12 commission. A majority in interest of owners of undivided
13 interests in any piece of property shall be deemed and treated
14 as one person for the purpose of ascertaining the number of
15 freeholders. The petition shall be accompanied by a resolution
16 of intent to annex the territory in question from the governing
17 body of the municipality to which the territory is proposed to
18 be annexed. Once the circulation of a petition has begun, the
19 petition shall be submitted to the commission within seven
20 weeks. Failure to do so within that prescribed time limit will
21 invalidate such petition. Presentation of a receipt indicating
22 that the petition was mailed by registered or certified mail on
23 or before the deadline date shall be evidence of timely filing.
24 (b) Form and contents of petition.--The petition for
25 annexation to be submitted to the commission shall be in such
26 form and shall contain such information as the commission may
27 require.
28 (c) Contents of resolution.--The resolution of intent to
29 annex shall include the following information:
30 (1) A statement that the municipality is willing to
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1 annex the territory described in the petition.
2 (2) A statement setting forth the plans of the
3 municipality for extending to the territory proposed for
4 annexation the municipal services performed within the
5 annexing municipality at the time of annexation.
6 Specifically, such plans shall:
7 (i) Conform to the standards of service as
8 determined by the commission.
9 (ii) Provide for extending or improving such
10 services to the territory proposed for annexation on the
11 effective date of annexation on substantially the same
12 basis and in the same manner as such services are
13 provided within the rest of the annexing municipality
14 prior to annexation.
15 (iii) Provide for extension or improvement of such
16 services into the territory proposed for annexation, so
17 that when such services are extended or improved, persons
18 in the territory proposed for annexation will be able to
19 secure such services, according to the policies in effect
20 in the annexing municipality for extending such services
21 to individual persons, lots or subdivisions.
22 (iv) Set forth a proposed timetable which provides
23 for the extension or improvement of such services as soon
24 as possible following the effective date of annexation.
25 (v) Set forth a method under which the annexing
26 municipality plans to finance extension or improvement of
27 such services into the territory proposed for annexation.
28 (3) A statement specifying a place or places within any
29 annexing municipality affected by the proposed annexation
30 where copies of the petition and the resolution of intent can
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1 be examined by interested individuals and public officials
2 for a period of at least 30 days following submission of the
3 petition to the commission.
4 Section 312. Notice of annexation proposal.
5 Within ten days after receipt of the petition, the commission
6 shall notify by certified mail the governing bodies of each
7 municipality affected, including the commissioners of each
8 county in which territory proposed for annexation is located.
9 Section 313. Study and report of petition for annexation.
10 The commission shall make a study of the petition for
11 annexation and shall submit its recommendations, within six
12 months after receipt of the petition, to the governing bodies of
13 the municipalities affected and the board or boards of county
14 commissioners of the territory affected by the proposed
15 annexation and by public notice in a newspaper of general
16 circulation in the affected area or areas that the
17 recommendations are available to any person on written request.
18 If the commission approves the proposed annexation, the annexing
19 municipality may complete the annexation by the passage of an
20 ordinance.
21 Section 314. Annexation of property of annexing municipality or
22 municipal authority created solely thereby.
23 Any municipality may annex by ordinance any land contiguous
24 thereto and owned by the annexing municipality or by a municipal
25 authority created solely by the annexing municipality. No
26 petition from freeholders or residents of the annexed area shall
27 be necessary to initiate the annexation procedure.
28 SUBCHAPTER C
29 ACTION BY GOVERNING BODIES
30 Section 321. Transfer or exchange of territory by agreement of
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1 adjacent municipalities.
2 Whenever the governing bodies of two adjacent municipalities
3 shall agree that it is to the best interest of each municipality
4 or that the convenience of the inhabitants thereof would best be
5 served thereby, territory or area may be transferred from one of
6 such adjacent municipalities to the other, or territory or area
7 may be exchanged between such two adjacent municipalities, upon
8 enactment of an ordinance to that effect by each of the two
9 municipalities, and change in the boundaries and territorial
10 limits of the said municipalities shall be affected thereby. No
11 petition from freeholders or residents shall be necessary to
12 initiate such transfer or exchange.
13 Section 322. Content of ordinances.
14 Every ordinance providing for annexation pursuant to this act
15 shall set forth a description of the territory or area to be
16 annexed and shall contain or have attached thereto a plot
17 showing the courses and distances of the boundaries of the
18 annexing municipality before and after the proposed change in
19 the boundaries or territorial limits thereof.
20 Section 323. Responsibilities of annexing municipality
21 following annexation.
22 Within 30 days after final enactment of any ordinance
23 effecting an annexation pursuant to this act, the governing body
24 of the annexing municipality shall perform all of the following
25 acts:
26 (1) Assign a distinctive designation to the annexed
27 territory or area, for use in referring thereto.
28 (2) File with the court of common pleas of the county a
29 certified copy of the ordinance by which the change was
30 effected, together with a plot showing the courses and
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1 distances of the boundaries of the annexing municipality
2 before and after the change and clearly indicating the
3 designation, as mentioned in paragraph (1), by which the
4 annexed area is to be known. If the territory or area annexed
5 and the annexing municipality are located in different
6 counties, such documents and information shall be filed with
7 the prothonotary of each of the counties. The change in
8 boundaries shall take effect 30 days after the date on which
9 such documents are filed in the county in which the annexing
10 municipality or the larger portion of the territory of the
11 annexing municipality is located, unless:
12 (i) That date is within 90 days prior to any
13 general, municipal or primary election, in which case the
14 change shall take effect as of the day following the
15 election.
16 (ii) An appeal is taken before the end of such 30-
17 day period, in which case such appeal shall act as a
18 supersedeas and such change shall take effect immediately
19 upon final determination and approval of such ordinance
20 by the court of common pleas.
21 (3) Give notice to the county board of elections of the
22 filing with the court of common pleas of the documents
23 mentioned in paragraph (2).
24 (4) File with the commission, the Legislative
25 Reapportionment Commission, Governor's Office of Policy
26 Development or its successor, the State Tax Equalization
27 Board, the Department of Community Affairs, the Department of
28 Education, the Department of Transportation and the court of
29 common pleas and the board of county commissioners of the
30 county or counties in which the municipalities affected are
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1 located a final report of the annexation. The final report
2 shall set forth:
3 (i) The name of the annexing municipality.
4 (ii) The area of the annexed territory in acres.
5 (iii) The total assessed valuation of the annexed
6 territory.
7 (iv) The approximate population of the annexed
8 territory.
9 (v) The designation, as mentioned in paragraph (1),
10 by which the annexed area is to be known.
11 Section 324. Appeals.
12 Within 30 days after the date of filing of any ordinance
13 effecting an annexation pursuant to this act, any freeholder of
14 the annexing municipality or of the municipality within which
15 the proposed territory to be annexed is located may appeal from
16 the ordinance to the court of common pleas of the county in
17 which the annexing municipality or the greater portion of the
18 territory of the annexing municipality is located. This appeal
19 shall be the exclusive method of appeal. The appeal shall be
20 taken by petition to the court of common pleas of the county in
21 which the annexing municipality is located and, in the case of
22 any annexing municipality located in more than one county, to
23 the court of common pleas of the county in which the greater
24 portion of the territory of the annexing municipality is
25 located. The appeal shall act as a supersedeas. When an appeal
26 is taken, the court shall fix a day for the hearing and shall
27 give notice of the hearing to all parties interested, in such
28 manner as the court shall direct. After the hearing, the court
29 shall determine whether the proceedings are in conformity with
30 this act and shall make an order or decree dismissing the appeal
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1 and approving the annexation or sustaining the appeal and
2 dismissing the annexation. From any final order or decree, any
3 party in interest, aggrieved by the order or decree, may appeal
4 to the Commonwealth Court. Upon final determination and approval
5 of the ordinance by the court of common pleas or by the
6 Commonwealth Court, the annexation shall take effect
7 immediately.
8 SUBCHAPTER D
9 INITIATIVE AND REFERENDUM
10 Section 331. Annexation by initiative and referendum.
11 (a) General rule.--As an alternative to annexation by the
12 other procedures set forth in this act, annexation by initiative
13 and referendum, as governed by this section, may be effected in
14 any municipality without the approval of any governing body and
15 without enactment of any ordinance.
16 (b) Initiation of referendum.--The referendum shall be
17 initiated by:
18 (1) Filing with the county board of elections of the
19 county in which the territory proposed to be annexed is
20 located, on or before the 13th Tuesday before the next
21 primary, municipal or general election, a petition for
22 referendum signed by electors comprising 5% of the number of
23 electors voting for the office of Governor in the last
24 gubernatorial general election in the municipality within
25 which the proposed territory to be annexed is located.
26 (2) Filing with the county board of elections of the
27 county in which the annexing municipality, or the greater
28 portion of the territory thereof, is located, on or before
29 the 13th Tuesday before the next primary, municipal or
30 general election, a petition for referendum signed by
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1 electors comprising 5% of the number of electors voting for
2 the office of Governor in the last gubernatorial general
3 election in the annexing municipality.
4 (c) Contents of petition.--The petition and proceedings
5 therein shall be in the manner and subject to the provisions of
6 the election law which relate to the signing, filing and
7 adjudication of nomination petitions insofar as such provisions
8 are applicable, except that no referendum petition shall be
9 signed or circulated prior to the 20th Tuesday before the
10 election, nor later than the 13th Tuesday before the election.
11 (d) Review.--When the applicable election officials find
12 that the petition, as submitted, is in proper order, they shall
13 send copies of the initiative petition without the signatures to
14 the governing bodies of both the annexing municipality and the
15 municipality within which the proposed territory to be annexed
16 is located and to the commission.
17 (e) Ballot placement.--The applicable election official
18 shall place the proposal for such annexation on the ballot in
19 both the annexing municipality and the municipality within which
20 the proposed territory to be annexed is located in a manner
21 fairly representing the content of the petition for decision by
22 referendum at the next primary, municipal or general election,
23 occurring not less than the 13th Tuesday after the filing of
24 such petition.
25 (f) Election returns.--If there shall be a favorable vote in
26 such referendum in both the annexing municipality and the
27 municipality within which the proposed territory to be annexed
28 is located, the annexation shall become effective upon
29 certification by the county board of elections of the county or
30 counties involved in the vote. If the vote shall fail in either
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1 the annexing municipality, the municipality in which the
2 territory or area is to be annexed, or both, the question of
3 annexation described in the annexation proposal shall not be
4 voted on again for a period of five years.
5 Section 332. Distribution of annexed territory among wards.
6 (a) Municipalities where governing body members not elected
7 at large.--In the case of an annexing municipality with a
8 governing body not elected entirely at large, the governing body
9 of the annexing municipality shall, within 30 days after the
10 effective date of the annexation, petition the court of common
11 pleas of the county in which the annexed territory is located
12 requesting:
13 (1) The assignment of the annexed territory to one or
14 more designated wards of the annexing municipality.
15 (2) The distribution of the annexed territory among the
16 wards of the annexing municipality.
17 (3) The creation of one or more new wards out of the
18 annexed territory.
19 The court shall make the necessary decree which shall include
20 establishing or changing election districts to conform to new
21 ward lines and shall furnish a copy of the decree to the
22 governing body of the annexing municipality, the county board of
23 elections of the county in which the annexing municipality is
24 located, the county board of elections of the county in which
25 the annexed territory is located, the school district in which
26 the ward or wards are located, the Secretary of the
27 Commonwealth, the Secretary of Community Affairs and the
28 Legislative Reapportionment Committee.
29 (b) New wards created.--In case one or more new wards is
30 created in the annexing municipality, the decree of the court
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1 shall state the number by which each new ward is to be
2 designated and shall contain a plan and schedule for the
3 appointment or election of the first members of the governing
4 body of the annexing municipality from each of the new wards so
5 that, either immediately or after a transitional period, the
6 election and tenure of the members of the governing body from
7 the new odd-numbered wards and the new even-numbered wards, as
8 the case may be, shall conform to those of the existing odd-
9 numbered wards and even-numbered wards in the annexing
10 municipality.
11 Section 333. Adjustment of indebtedness, assets and liabilities
12 following annexation.
13 (a) Adjustment.--Following any annexation of territory, the
14 governing body of the annexing municipality and the governing
15 body of the municipality from which the territory was annexed
16 shall make a proper adjustment and apportionment between them of
17 all indebtedness, assets and liabilities of the annexed
18 municipality at the time of the annexation. The adjustment and
19 apportionment shall provide that the annexing municipality and
20 the municipality from which the territory or area was annexed
21 shall be entitled to share in a division of the assets,
22 liabilities and indebtedness in the proportion that the assessed
23 valuation, as determined by the county board for the assessment
24 and revision of taxes, of the annexed portion of the
25 municipality from which the territory or area was annexed bears
26 to the assessed valuation of the entire municipality from which
27 the territory was annexed immediately prior to the annexation.
28 (b) Assumption by annexing municipality.--Where indebtedness
29 was incurred by the municipality from which the territory or
30 area was annexed for an improvement located wholly within the
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1 limits of the territory or area annexed, that indebtedness shall
2 be assumed by the annexing municipality and where any part of an
3 improvement is located within the limits of the annexed
4 territory or area, the part of the indebtedness representing
5 that part of the improvement shall be assumed by the annexing
6 municipality; and the adjustment and apportionment of any
7 remaining indebtedness of the municipality from which the
8 territory or area was annexed shall be made as provided in this
9 subsection.
10 (c) Written document.--The adjustment and apportionment of
11 assets, liabilities and indebtedness shall be reduced to
12 writing, shall be executed and acknowledged by the clerk or
13 secretary of the annexing municipality and shall be filed with
14 the prothonotary of the county or counties in which any
15 municipality affected is located and a copy shall be filed with
16 the department.
17 Section 334. Judicial adjustment on failure of agreement.
18 When the governing bodies of the municipalities affected
19 cannot, within six months after the annexation becomes
20 effective, arrive at the adjustment and apportionment of
21 indebtedness, assets and liabilities, as required by section
22 333, the governing body, a citizen, or a property owner of any
23 of the municipalities affected may appeal to the court of common
24 pleas of the county in which the annexing municipality, or the
25 greater portion of its territory or area, is located. The court
26 shall then appoint three disinterested commissioners who shall
27 be residents and taxpayers of the county and who shall not be
28 residents or owners of real estate in the municipalities
29 affected. Those commissioners, after hearing, notice of which
30 shall be given to the municipalities affected as directed by the
19910H0678B0743 - 24 -
1 court, shall proceed to make the apportionment and adjustment
2 and shall report to the court, stating the amount, if any, that
3 shall be due and payable from one municipality affected to
4 another, as well as the amount of indebtedness, if any, that
5 shall be assumed by the municipality affected, or both.
6 Section 335. Proceedings on judicial adjustment.
7 The commissioners appointed under the terms of section 334
8 shall give the affected municipalities at least five days'
9 notice of the filing of their report. Unless exceptions to the
10 report are filed within 30 days after the date when it was
11 filed, the report shall be confirmed absolutely by the court.
12 Any sum awarded by the report to any municipality shall be a
13 legal and valid claim in its favor against the other
14 municipality. Any real or personal property awarded to any
15 municipality shall become its property. Any claim of
16 indebtedness charged against a municipality may be collected
17 from that municipality by its creditors.
18 Section 336. Exceptions to report.
19 In case exceptions are filed to the report of the
20 commissioners appointed pursuant to section 334, the court shall
21 dispose of the same, taking testimony if deemed advisable. The
22 court shall enter its decree confirming or modifying the report
23 of the commissioners, as to the court appears just and proper.
24 The decision of the court shall be final unless an appeal is
25 taken to the Commonwealth Court as provided by law.
26 Section 337. Compensation and expenses of commissioners.
27 The court-appointed commissioners shall be allowed such
28 compensation and expenses for their services as the court shall
29 fix. The costs of the proceedings, including the compensation
30 and expenses of the commissioners, shall be apportioned among
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1 the municipalities involved as the court deems proper and
2 equitable.
3 Section 338. Annexing municipality located in two or more
4 counties.
5 In case the territory or area of an annexing municipality is
6 located in two or more counties, the court of common pleas of
7 the county in which the greater portion of the territory or area
8 of the annexing municipality is located shall have exclusive
9 jurisdiction over the proceedings to determine the cost of
10 certain improvements in the annexed territory or area and to
11 adjust and apportion the indebtedness among the municipalities
12 affected.
13 Section 339. Liquidation of indebtedness.
14 (a) Court orders.--The court shall make all necessary orders
15 for the collection by any municipality affected and payment by
16 it to any other municipality affected of its share of any
17 indebtedness apportioned to it. The order may direct that the
18 municipality against which the indebtedness was apportioned levy
19 and collect special taxes for one year or pay by annual
20 installments over a stated period of time, the amount needed to
21 liquidate the indebtedness.
22 (b) Interest-bearing notes.--If acceptable to the
23 municipality to which money is owed, the other municipality
24 shall have the power to issue and deliver interest-bearing notes
25 in liquidation of the indebtedness.
26 Section 340. Collection of taxes levied prior to annexation.
27 All taxes assessed and levied against property in the annexed
28 territory or area prior to the effective date of the annexation
29 shall be paid to the municipality from which the territory or
30 area has been annexed and the collection and enforcement shall
19910H0678B0743 - 26 -
1 be as though the annexation had not taken place.
2 Section 341. Authorized expenditures.
3 Municipalities initiating annexations under the provisions of
4 this act are authorized to make expenditures for surveys
5 required to describe the property under consideration or for any
6 other purpose necessary to plan for the study or annexation of
7 territory or area adjacent to the municipality.
8 Section 342. Crossing county lines.
9 When the municipalities affected are located in different
10 counties, the county board of elections and the court of common
11 pleas in the county where the annexing municipality is located
12 shall furnish all information relating to an annexation to their
13 counterparts in the other county or counties concerned.
14 Section 343. Election districts and officers.
15 Except as provided in section 332, all election districts in
16 the annexed territory shall remain as constituted before the
17 annexation and shall become election districts of the annexing
18 municipality until changed in accordance with the act of June 3,
19 1937 (P.L.1333, No.320), known as the Pennsylvania Election
20 Code. All election district officers shall continue in office
21 until the expiration of their terms, unless the office is
22 vacated.
23 CHAPTER 4
24 CONSOLIDATION OR MERGER
25 Section 401. Procedure for consolidation or merger.
26 (a) Authority.--Two or more municipalities may be
27 consolidated or merged as provided in this chapter into a single
28 municipality, whether situated in the same county or in two or
29 more different counties, if each of the municipalities is
30 contiguous to at least one of the other consolidating or merging
19910H0678B0743 - 27 -
1 municipalities, and if together the municipalities would form a
2 consolidated or merged municipality.
3 (b) Method.--Consolidation or merger may be commenced by one
4 of the following methods:
5 (1) Joint agreement of the governing bodies of the
6 municipalities proposed for consolidation or merger as
7 approved by ordinance.
8 (2) Initiative of electors.
9 (3) The commission.
10 Section 402. Joint agreement of governing bodies.
11 (a) General rule.--The governing bodies of each municipality
12 to be consolidated or merged shall enter into a joint agreement
13 under the official seal of each municipality to consolidate or
14 merge into one municipality.
15 (b) Elements.--The joint agreement shall set forth:
16 (1) The names of each municipality that is party to the
17 agreement.
18 (2) The name and the territorial boundaries of the
19 consolidated or merged municipality.
20 (3) The type and class of the consolidated or merged
21 municipality.
22 (4) Whether the consolidated or merged municipality
23 shall be governed solely by the code and other general laws
24 applicable to the kind and class of the consolidated or
25 merged municipality or whether it is to be governed by a home
26 rule charter or an optional plan of government having
27 previously been adopted by one of the consolidating or
28 merging municipalities.
29 (5) The number of wards, if any, into which the
30 consolidated or merged municipality is to be divided for the
19910H0678B0743 - 28 -
1 purpose of electing all or some of the members of the
2 municipal governing body.
3 (6) Terms for:
4 (i) The disposition of existing assets of each
5 municipality.
6 (ii) The liquidation of existing indebtedness of
7 each municipality.
8 (iii) The assumption, assignment or disposition of
9 existing liabilities of each municipality, either
10 jointly, separately or in certain defined proportions, by
11 separate rates of taxation within each of the constituent
12 municipalities until consolidation or merger becomes
13 effective pursuant to section 407.
14 (iv) The implementation of a legally consistent
15 uniform tax system throughout the consolidated or merged
16 municipality which provides revenue necessary to fund
17 required municipal services.
18 (7) The governmental organization of the consolidated or
19 merged municipality insofar as it concerns elected officers.
20 There shall be a transitional plan and schedule applicable to
21 elected officers. The transitional plan shall provide for the
22 abolition of the elected officers of each component
23 municipality and the termination of the terms of the office
24 of the elected officials of each municipality and for the
25 election of the first officers of the consolidated or merged
26 municipality so that election and tenure shall conform to
27 those in other municipalities of the same kind and class in
28 this Commonwealth with properly staggered terms where those
29 are required or desired.
30 (8) The common administration and enforcement of
19910H0678B0743 - 29 -
1 ordinances enforced uniformly within the consolidated or
2 merged municipality.
3 Section 403. Initiative of electors.
4 (a) General rule.--In order for consolidation or merger
5 proceedings to be initiated by petition of electors, petitions
6 containing signatures of at least 5% of the electors voting for
7 the office of Governor in the last gubernatorial general
8 election in each municipality proposed to be consolidated or
9 merged shall be filed with the county board of elections of the
10 county in which the municipality, or the greater portion of the
11 territory or area thereof, is located.
12 (b) Notice to governing bodies affected.--When the
13 applicable election officials find that a petition is in proper
14 order, they shall send copies of the initiative petition without
15 the signatures thereon to the governing bodies of each of the
16 municipalities affected by the consolidation or merger.
17 (c) Contents.--A petition shall set forth:
18 (1) The name of the municipality from which the signers
19 of the petition were obtained.
20 (2) The names of the municipalities proposed to be
21 consolidated or merged.
22 (3) The name of the consolidated or merged municipality.
23 (4) The type and class of the consolidated or merged
24 municipality.
25 (5) Whether the consolidated or merged municipality
26 shall be governed solely by the code and other general laws
27 applicable to the kind and class of the consolidated or
28 merged municipality, or whether it is to be governed by a
29 home rule charter or an optional plan of government having
30 previously been adopted by one of the consolidated or merged
19910H0678B0743 - 30 -
1 municipalities.
2 (6) The number of wards, if any, into which the
3 consolidated or merged municipality will be divided for the
4 purpose of electing all or some of the members of the
5 municipal governing body.
6 (d) Time limitation.--The consolidation or merger petition
7 shall be filed with the election officials not later than the
8 13th Tuesday prior to the next primary, municipal or general
9 election. The petition and proceedings therein shall be in the
10 manner and subject to the provisions of the election laws which
11 related to the signing, filing and adjudication of nomination
12 petitions insofar as such provisions are applicable except that
13 no referendum petition shall be signed or circulated prior to
14 the 20th Tuesday before the election, nor later than the 13th
15 Tuesday before the election.
16 Section 404. Initiation by petition to commission.
17 (a) General rule.--Petitions may be submitted to the
18 commission. The petition shall contain signatures of at least 5%
19 of the electors voting for the office of Governor in the last
20 gubernatorial general election in each municipality requesting,
21 consolidating or merging.
22 (b) Content.--Every petition shall set forth:
23 (1) The name of the municipality from which the signers
24 of the petition were obtained.
25 (2) The names of the municipalities proposed to be
26 consolidated or merged.
27 (3) The name of the consolidated or merged municipality.
28 (4) The type and class of the consolidated or merged
29 municipality.
30 (5) Whether the consolidated or merged municipality
19910H0678B0743 - 31 -
1 shall be governed solely by the code and other general laws
2 applicable to the kind and class of the consolidated or
3 merged municipality, or whether it is to be governed by a
4 home rule charter or an optional plan of government having
5 previously been adopted by one of the consolidated or merged
6 municipalities.
7 (6) The number of wards, if any, into which the
8 consolidated or merged municipality will be divided for the
9 purpose of electing some or all of the members of the
10 municipal governing body.
11 (c) Time limitations.--Once the circulation of a petition
12 has begun, the petition shall be submitted to the commission
13 within seven weeks. Failure to do so within the prescribed time
14 limit shall invalidate the petition. Presentation of a receipt
15 indicating that the petition was mailed by registered or
16 certified mail on or before the deadline date shall be evidence
17 of timely filing.
18 (d) Review by commission.--Whenever such petitions shall
19 have been received by the commission, the commission shall take
20 all necessary steps to place such referendum question before the
21 electors of the municipalities proposed to be so consolidated or
22 merged. Such steps may include:
23 (1) A study of the consolidation or merger proposal.
24 (2) Advising citizens and officials on any and all
25 matters pertaining thereto.
26 (3) Holding meetings or conferences in any of the
27 municipalities proposed to be consolidated or merged.
28 All studies, meetings and assistance by the commission shall be
29 completed within six months after receipt of the petitions
30 received from municipalities involved in a specific
19910H0678B0743 - 32 -
1 consolidation or merger proposal. The completion date shall be
2 attested by the chairman of the commission in a document to be
3 filed with the Secretary of the Commonwealth.
4 Section 405. Conduct of referenda.
5 (a) Referendum.--Following initiation of proceedings for
6 consolidation or merger by the procedures set forth in either
7 section 402, 403 or 404, the question of the consolidation or
8 merger shall be placed before the electors of each of the
9 municipalities proposed to be so consolidated or merged. A
10 referendum shall be held at the first primary, municipal or
11 general election held not less than the 13th Tuesday after any
12 of the following:
13 (1) The date of the general agreement entered into under
14 the provisions of section 402.
15 (2) The date of filing of the petition filed under the
16 provisions of section 403.
17 (3) The date of completion of the work of the commission
18 under the provisions of section 404.
19 (b) Approval.--The consolidation or merger shall not be
20 effective unless the referendum question is approved by a
21 majority of electors voting in each of the municipalities in
22 which the referendum is held. If in any one of the
23 municipalities in which the referendum is held a majority in
24 favor of such consolidation or merger does not result, the
25 referendum shall fail and the consolidation or merger shall not
26 take place. The question described in the merger or
27 consolidation proposal shall not be voted on again for a period
28 of five years.
29 (c) Further studies.--If the electors of two or more
30 contiguous municipalities proposed for consolidation or merger
19910H0678B0743 - 33 -
1 shall approve the consolidation or merger, but one or more of
2 the municipalities shall fail to approve, the commission may
3 make a study of the feasibility of consolidation or merger of
4 those municipalities approving the proposal and, in its
5 discretion may initiate a local referendum for the consolidation
6 or merger of such municipalities at the next primary, municipal
7 or general election but not less than the 13th Tuesday after the
8 commission has submitted its study to the local governing bodies
9 of the municipalities involved.
10 Section 406. Consolidation or merger agreement.
11 (a) Form.--Upon favorable action by the electorate on
12 consolidation or merger, in cases where consolidation or merger
13 was initiated other than by joint agreement of the governing
14 bodies under section 402, the governing bodies of the
15 municipalities to be consolidated or merged into a single
16 municipality shall meet within 60 days after the certification
17 of the favorable vote and shall make a consolidation or merger
18 agreement as follows:
19 (1) If the governing body, or part of the governing
20 body, of the consolidated or merged municipality is to be
21 elected on a ward basis, the agreement shall set forth the
22 boundaries and the ward designation, by number of each ward,
23 and the number of members of the municipal governing body to
24 be elected from each ward.
25 (2) The agreement shall set forth those terms for:
26 (i) The disposition of the existing assets of each
27 municipality.
28 (ii) The liquidation of the existing indebtedness of
29 each municipality.
30 (iii) The assumption, assignment and disposition of
19910H0678B0743 - 34 -
1 the existing liabilities of each municipality, either
2 jointly, separately or in certain defined proportions, by
3 separate rates of taxation within each of constituent
4 municipalities until consolidation or merger becomes
5 effective under section 407.
6 (3) The agreement shall set forth the governmental
7 organization of the consolidated or merged municipality,
8 insofar as it concerns elected officers, and shall contain a
9 transitional plan and schedule applicable to elected
10 officers. The agreement shall provide for the abolition of
11 elected offices and for the termination of the terms of
12 office of elected officers of each municipality being merged
13 or consolidated, and the election of the first officers of
14 the consolidated or merged municipality so that election and
15 tenure shall conform to those in other municipalities of the
16 same kind and class in the Commonwealth, with properly
17 staggered terms, where those are required or desired.
18 (4) The agreement shall provide for common
19 administration and enforcement of ordinances to be enforced
20 uniformly within the consolidated or merged municipality.
21 (5) The agreement shall also provide, consistent with
22 existing law, for the implementation of a uniform tax system
23 throughout the consolidated or merged municipality which
24 shall provide the revenues necessary to fund required
25 municipal services.
26 (b) Filing.--A copy of the consolidation or merger agreement
27 shall be filed with the commission, the Legislative
28 Reapportionment Commission, the Governor's Office of Policy
29 Development or its successor, the State Tax Equalization Board,
30 the Department of Community Affairs, the Department of
19910H0678B0743 - 35 -
1 Education, the Department of Transportation, the court of common
2 pleas and the board of county commissioners of the county or
3 counties in which municipalities affected are located.
4 Section 407. Effectuation of consolidation or merger.
5 (a) Election of officers.--Municipalities so consolidated or
6 merged shall continue to be governed as before consolidation or
7 merger until the first Monday of January following the municipal
8 election next succeeding the election at which consolidation or
9 merger referenda were held. At that municipal election, the
10 necessary officers of the consolidated municipality shall be
11 elected in accordance with the terms of the general law
12 affecting municipalities of the kind or class of the
13 consolidated or merged municipality, or, in case of a
14 consolidated or merged municipality operating under a home rule
15 charter or optional plan of government, in accordance with the
16 charter or optional plan or with general law affecting home rule
17 or optional plan municipalities, as applicable.
18 (b) Terms.--The officers elected at that municipal election
19 shall be elected for terms of office under the plan and schedule
20 set out in the consolidation or merger agreement authorized by
21 section 402 or 406, as the case may be. They shall take office
22 as officers of the consolidated or merged municipality on the
23 first Monday of January following the municipal election at
24 which they were elected, and, thereupon, the consolidated or
25 merged municipality shall begin to function and the former
26 municipalities consolidated or merged shall be abolished.
27 Section 408. Effect of transition on employees of consolidated
28 or merged municipality.
29 As of the date when a consolidated or merged municipality
30 shall begin to function, except for those officers and employees
19910H0678B0743 - 36 -
1 which are protected by any tenure of office, civil service
2 provision or collective bargaining agreement, all appointive
3 offices and positions then existing in all former municipalities
4 involved in the consolidation or merger shall be disposed of in
5 accordance with the terms of the consolidation or merger
6 agreement. Provisions shall be made for instances in which there
7 is duplication of positions, including, but not limited to,
8 chief of police or manager, and for such other matters as
9 varying length of employee contracts, different civil service
10 regulations in the constituent municipalities and differing
11 ranks and position classifications for similar positions.
12 Section 409. Procedures.
13 (a) Ordinance book.--After consolidation or merger becomes
14 effective, a new ordinance book shall be used by the
15 municipality and the first document to be recorded in it shall
16 be the consolidation or merger agreement.
17 (b) Ordinance codification.--No later than two years after
18 the consolidation or merger goes into effect, codification of
19 all the ordinances of the constituent municipalities shall be
20 completed. This shall include tabulation or indexing of those
21 ordinances of the component municipalities that are of permanent
22 effect in the consolidated or merged municipalities.
23 (c) Vesting of rights, privileges, property and
24 obligations.--All rights, privileges and franchises of each
25 component municipality and all property, real, personal and
26 mixed, belonging to each component municipality shall be vested
27 in the consolidated or merged municipality. The title to real
28 estate vested in any of those municipalities shall not revert or
29 be in any way impaired by reason of the consolidation or merger.
30 All rights of creditors and liens shall be preserved. Agreements
19910H0678B0743 - 37 -
1 and contracts shall remain in force. Debts, liabilities and
2 duties of each of the municipalities shall be attached to the
3 consolidated or merged municipality and may be enforced against
4 it.
5 CHAPTER 5
6 INCORPORATION
7 Section 501. Procedure for incorporation.
8 A municipality may be incorporated by initiative and
9 referendum from contiguous territory of all or part of an
10 existing municipality or municipalities. Incorporation proposals
11 which include a part of a municipality shall receive the
12 approval of the commission before they are submitted for
13 referendum.
14 Section 502. Petition for incorporation.
15 (a) Submission and signatures.--The petition for
16 incorporation of a municipality shall be submitted to the
17 commission. The petition shall be signed by:
18 (1) Electors comprising at least 5% of the electors in
19 each municipality, respectively, voting for the Office of
20 Governor in the last gubernatorial general election within
21 each municipality proposed for incorporation.
22 (2) The freeholders in each municipality or part thereof
23 who represent at least 50% of the assessed valuation of real
24 property within each municipality or part thereof proposed
25 for incorporation, as certified by the board or boards of
26 county commissioners. A majority in interest of owners of
27 undivided interests in any piece of property shall be deemed
28 and treated as one person for the purpose of ascertaining the
29 number of freeholders.
30 (b) Time limitation.--Once the circulation of a petition has
19910H0678B0743 - 38 -
1 begun, the petition shall be submitted to the commission within
2 seven weeks. Failure to do so within the prescribed time limit
3 shall invalidate the petition. Presentation of a receipt
4 indicating that the petition was mailed by registered or
5 certified mail on or before the deadline date shall be evidence
6 of timely filing.
7 Section 503. Incorporation petition.
8 The petition for incorporation to the commission shall be in
9 such form and shall contain such information as the commission
10 may require.
11 Section 504. Study and report on petition for incorporation.
12 The commission shall make a study of the petition for
13 incorporation and shall submit its recommendations, within six
14 months after receipt of the petition, to the person in each
15 municipality who submitted the petition, to the governing bodies
16 of the municipalities affected and to the board or boards of
17 county commissioners of the territory affected by the proposed
18 incorporation.
19 Section 505. Incorporation election.
20 (a) Submission of question.--The commission shall cause a
21 question relating to the proposed incorporation to be submitted
22 to the electorate of the territory or area proposed for
23 incorporation. The commission shall not cause to be submitted
24 for referendum any incorporation proposal affecting less than an
25 entire municipality unless the proposal has been approved by the
26 commission.
27 (b) Conduct of election.--The election shall be held at the
28 next primary, municipal or general election not less than the
29 13th Tuesday after the commission has requested the appropriate
30 county board or boards of elections to place the question on the
19910H0678B0743 - 39 -
1 ballot. The election shall be conducted under the provisions of
2 the act of June 3, 1937 (P.L.1333, No.320), known as the
3 Pennsylvania Election Code. In the case of a referendum on the
4 incorporation of territory not constituting an entire existing
5 municipality or one or more entire existing wards, the county
6 board of elections shall prescribe the procedure to be followed.
7 (c) Election return.--If a majority of the electors voting
8 on such question in each of the municipalities affected shall
9 vote in favor of such incorporation or, where a proposal
10 affecting less than an entire municipality has been approved by
11 the commission, if a majority of the electors voting upon such
12 question in the territory proposed for incorporation shall vote
13 in favor of such incorporation, it shall be deemed final.
14 (d) Certification.--Certification of the vote favorable to
15 incorporate shall be made by the county board of elections to
16 the governing bodies of the municipalities affected, to the
17 appropriate board or boards of county commissioners and to the
18 commission.
19 (e) Failure of proceeding.--If the incorporation proposal
20 includes either all or part of two or more municipalities and if
21 a majority of the persons voting on such question in the area or
22 territory affected by an incorporation in any one of the
23 municipalities affected shall vote against such incorporation,
24 then the incorporation proceedings shall fail. If the referendum
25 on incorporation proceedings shall fail, the question of
26 incorporation of territory described in the incorporation
27 proposal shall not be voted on again for a period of five years.
28 Section 506. Effectuation of incorporation.
29 (a) Effective date.--Incorporation shall become effective on
30 the first Tuesday after the first Monday in January following
19910H0678B0743 - 40 -
1 the next succeeding municipal election or special election held
2 in conjunction with any primary, general or municipal election
3 at which local officials of the new municipality shall be
4 elected. At the request of the petitioners, the special election
5 may be called for by the court of common pleas which shall fix
6 the time, place and manner of holding the special election which
7 shall be in conjunction with any primary, general or municipal
8 election.
9 (b) Terms of office.--Municipal officers chosen at a special
10 election shall serve until the first Tuesday after the first
11 Monday in January following the next succeeding municipal
12 election at which time their successors shall be elected in
13 accordance with the laws covering the election of municipal
14 officials of the type and class of municipality to which the new
15 incorporated municipality belongs.
16 (c) Governing law.--The municipal election at which said
17 officials are to be elected shall be held in accordance with the
18 laws governing municipal officials of the type and class of
19 municipality to which the incorporated municipality belongs. The
20 election of municipal officials shall be such as to provide for
21 staggering terms of office as closely in compliance as possible
22 with the governing municipal code.
23 (d) Appointment of officials.--The municipal election shall
24 not be held before the 13th Tuesday after certification of the
25 favorable vote to incorporate. The court of common pleas having
26 jurisdiction shall appoint from among the electors of the newly
27 incorporated municipality a judge and inspector to hold the
28 election.
29 (e) Existence of incorporated municipality terminates old
30 municipality.--When the incorporated municipality shall go into
19910H0678B0743 - 41 -
1 effect, the former municipality or municipalities shall cease to
2 exist in every case in which the entire territory of a
3 municipality or municipalities has been included in the
4 incorporated municipality.
5 Section 507. Assets, liabilities and indebtedness where entire
6 municipality incorporated as new municipality.
7 Where an entire municipality shall be incorporated as a newly
8 created municipality, all assets of the former municipality
9 shall become assets of and property of the incorporated
10 municipality, all indebtedness of the former municipality shall
11 be assumed by the incorporated municipality and all liabilities
12 of the former municipality shall become liabilities of the
13 incorporated municipality.
14 Section 508. Adjustment of assets, liabilities and indebtedness
15 where part of municipality becomes incorporated
16 municipality.
17 (a) Adjustment.--Following any incorporation of part of the
18 territory or area of a municipality as a newly incorporated
19 municipality, the governing body of the newly incorporated
20 municipality and the governing body of the municipality from
21 which territory was incorporated shall make a proper adjustment
22 and apportionment between the two municipalities of all
23 indebtedness, assets and liabilities of the municipality from
24 which territory was incorporated, as of the time of
25 incorporation. The adjustment and apportionment shall provide
26 that both the new municipality and the municipality from which
27 an incorporation occurred shall be entitled to share in a
28 division of the assets, liabilities and indebtedness in the
29 proportion that the assessed valuation of the newly incorporated
30 municipality, as determined by the county board for the
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1 assessment and revision of taxes, bears to the assessed
2 valuation, as so determined, of the original municipality the
3 year immediately prior to the incorporation.
4 (b) Assumption by incorporating municipality.--Where
5 indebtedness was incurred by the municipality from which the new
6 municipality was incorporated for an improvement located wholly
7 within the newly incorporated municipality, that indebtedness
8 shall be assumed by the newly incorporated municipality. Where
9 any part of an improvement is located within the limits of the
10 newly incorporated municipality, the part of the indebtedness
11 representing that part of the improvement shall be assumed by
12 the newly incorporated municipality, and apportionment of any
13 remaining indebtedness of the original municipality shall be
14 made as provided in subsection (a).
15 (c) Written document.--The adjustment and apportionment of
16 the assets, liabilities and indebtedness shall be reduced to
17 writing, shall be executed and acknowledged by the clerk or
18 secretary of the newly incorporated municipality and shall be
19 filed with the prothonotary of the county or counties in which
20 the two municipalities are located and copies shall be filed
21 with the commission, the Legislative Reapportionment Commission,
22 the Governor's Office of Policy Development or its successor,
23 the State Tax Equalization Board, the Department of Community
24 Affairs, the Department of Education, the Department of
25 Transportation and the court of common pleas and the board of
26 county commissioners of the county or counties in which the two
27 municipalities are located.
28 Section 509. Judicial adjustment on failure of agreement.
29 (a) Appeal to court.--In case the governing bodies of the
30 newly incorporated municipality and the municipality from which
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1 territory was incorporated cannot, within six months after the
2 incorporation becomes effective, arrive at the adjustment and
3 apportionment of the indebtedness, assets and liabilities,
4 pursuant to section 507, the governing body, a citizen or a
5 property owner of any of the municipalities affected may appeal
6 to the court of common pleas of the county in which the
7 municipality from which territory was incorporated or the
8 greater portion of the area of that municipality is located.
9 (b) Appointment of commissioners.--The court shall thereupon
10 appoint three disinterested commissioners, who shall be
11 residents and taxpayers of the county and who shall not be
12 residents or owners of real estate in either the newly
13 incorporated municipality or the municipality from the territory
14 of which that municipality was incorporated. The commissioners,
15 after hearing, notice of which shall be given to both interested
16 municipalities as directed by the court, shall proceed to make
17 the apportionment and adjustment and shall report to the court
18 stating the amount, if any, that shall be due and payable from
19 the newly incorporated municipality to the municipality from
20 which it was incorporated or from the municipality from which
21 the new municipality was incorporated, as well as the amount of
22 indebtedness, if any, that shall be assumed by the newly
23 incorporated municipality or the municipality from which it was
24 incorporated or both of them.
25 Section 510. Proceedings on judicial adjustment.
26 (a) Notice.--The commissioners shall give the incorporating
27 municipality and the municipality from which territory was
28 incorporated at least 15 days' notice of the filing of their
29 report. Unless exceptions to the report are filed, the report
30 shall be confirmed absolutely by the court. Any sum awarded by
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1 the court to the incorporating municipality or to the
2 municipality from which territory has been incorporated shall be
3 a legal and valid claim in its favor against the municipality
4 charged therewith. Any property, real or personal, given to the
5 incorporating municipality or to the municipality from which
6 territory has been incorporated shall become its property. Any
7 claim or indebtedness charged against the incorporating
8 municipality or the municipality from which territory has been
9 incorporated shall be paid within one year from the date of
10 confirmation absolute.
11 (b) Exceptions.--If exceptions are filed to the report of
12 the commissioners, the court shall dispose of the exceptions and
13 enter its decree or modify the same as it appears just and
14 proper.
15 Section 511. Compensation and expenses of commissioners.
16 The appointed commissioners shall be allowed such
17 compensation and expenses for their services as the court shall
18 fix. The compensation and expenses shall be paid to the
19 commissioners for days on which they are actually engaged in the
20 performance of their duties. The costs of the proceedings,
21 including the compensation and expenses of the commissioners,
22 shall be apportioned between the newly incorporated municipality
23 and the municipality from which territory has been incorporated
24 as it deems proper and equitable.
25 Section 512. Incorporating municipality located in two or more
26 counties.
27 If the territory of the newly incorporated municipality is
28 located in two or more counties, the court of common pleas of
29 the county in which the greater portion of the territory of the
30 newly incorporated municipality is located shall have exclusive
19910H0678B0743 - 45 -
1 jurisdiction over the proceedings to determine the cost of
2 certain improvements in the territory incorporated and to adjust
3 and apportion the indebtedness between the incorporating
4 municipality and the municipality from which territory has been
5 incorporated.
6 Section 513. Liquidation of indebtedness.
7 (a) Court orders.--The court may make all necessary orders
8 for the collection by the newly incorporated municipality or by
9 the municipality from which territory was incorporated, as the
10 case may be, and payment by it to the other municipality, of its
11 share of any indebtedness apportioned to it. The order may
12 direct the municipality against which the indebtedness was
13 apportioned to levy and collect special taxes for one year or
14 pay by annual installments over a stated period of time the
15 amount needed to liquidate the indebtedness.
16 (b) Interest-bearing bonds.--If acceptable to the
17 municipality to which money is owed, the other municipality
18 shall have the power to issue and deliver interest-bearing bonds
19 in liquidation of the indebtedness.
20 Section 514. Collection of taxes levied prior to incorporation.
21 All taxes levied against property in the territory
22 incorporated prior to the effective date of the incorporation
23 shall be paid to the municipality from which territory has been
24 incorporated and the collection and enforcement shall be as
25 though the incorporation had not taken place.
26 Section 515. Crossing county lines.
27 Where the newly incorporated municipality is located in more
28 than one county, the county board of elections and the court of
29 common pleas in the county in which the greater part of the
30 territory of the newly incorporated municipality is located
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1 shall furnish official information relating to the incorporation
2 to their counterparts in the other county or counties concerned.
3 Section 516. Election districts and officers.
4 Except for any temporary arrangements for the purpose of a
5 referendum under section 505, all election districts in the
6 newly incorporated territory shall remain as constituted before
7 the incorporation and shall become election districts of the
8 incorporating municipality until changed in accordance with the
9 act of June 3, 1937 (P.L.1333, No.320), known as the
10 Pennsylvania Election Code. All election district officers shall
11 continue in office until the expiration of their terms, unless
12 the office is vacated.
13 CHAPTER 6
14 REPEALS AND EFFECTIVE DATE
15 Section 601. Repeals.
16 (a) Specific.--The following acts and parts of acts are
17 repealed:
18 Act of April 22, 1903 (P.L.247, No.183), entitled "An act
19 enabling the burgess and council of any borough or incorporated
20 town, by ordinance, to annex to the borough or incorporated town
21 adjacent territory, upon petition of a majority of the freehold
22 owners thereof."
23 Act of April 28, 1903 (P.L.332, No.260), entitled "An act for
24 the annexation of any city, borough, township, or part of a
25 township, to a contiguous city, and providing for the
26 indebtedness of the same."
27 Act of February 7, 1906 (Sp.Sess., P.L.7, No.1), entitled "An
28 act to enable cities that are now, or may hereafter be,
29 contiguous or in close proximity, to be united, with any
30 intervening land other than boroughs, in one municipality;
19910H0678B0743 - 47 -
1 providing for the consequences of such consolidation, the
2 temporary government of the consolidated city, payment of the
3 indebtedness of each of the united territories, and the
4 enforcement of debts and claims due to or from each."
5 Act of May 28, 1907 (P.L.295, No.223), entitled "A supplement
6 to an act, entitled 'An act for the annexation of any city,
7 borough, township, or part of a township, to a contiguous city,
8 and providing for the indebtedness of the same,' approved the
9 twenty-eighth day of April, Anno Domini one thousand nine
10 hundred and three; to enable territory now annexed, or which may
11 hereafter be annexed under the provisions of said act, to be
12 arranged and erected into a ward, or wards, of the city to which
13 it is annexed; and providing the procedure for that purpose, and
14 for the proper representation of the ward or wards erected."
15 Act of June 1, 1907 (P.L.377, No.271), entitled "A supplement
16 to an act, approved April twenty-eighth, one thousand nine
17 hundred three, entitled 'An act for the annexation of any city,
18 borough, township, or part of a township, to a contiguous city,
19 and providing for the indebtedness of the same,' providing for
20 the preservation of rights of creditors and of liens, and for
21 funding the debt of the municipality or school district
22 annexed."
23 Act of May 6, 1915 (P.L.260, No.152), entitled "A supplement
24 to an act approved the seventh day of February, one thousand
25 nine hundred and six, entitled 'An act to enable cities that are
26 now or may hereafter be contiguous or in close proximity, to be
27 united with any intervening land, other than boroughs, in one
28 municipality; providing for the consequences of such
29 consolidation, the temporary government of the consolidated
30 city, payment of the indebtedness of each of the united
19910H0678B0743 - 48 -
1 territories, and the enforcement of debts and claims due to or
2 from each,' by providing that the indebtedness of each city and
3 intervening land, heretofore or hereafter united or consolidated
4 under the provisions of said act, shall be paid by the
5 consolidated city, and for the levying of a uniform tax, upon
6 all the territory included within the consolidated city, for the
7 payment of the same."
8 Act of May 6, 1915 (P.L.272, No.167), entitled "A supplement
9 to an act, approved the twenty-eight day of April, one thousand
10 nine hundred and three, entitled 'An act for the annexation of
11 any city, borough, township, or part of a township, to a
12 contiguous city, and providing for the indebtedness of the
13 same,' by providing that any city, heretofore or hereafter
14 enlarged by any annexation under the terms of said act, shall be
15 liable for and shall pay the indebtedness of such city and the
16 territory so annexed; and providing for the levying of a uniform
17 tax upon all the territory included within such city as enlarged
18 by such annexation, for the payment of all such indebtedness."
19 Act of May 31, 1923 (P.L.473, No.258), entitled "An act
20 authorizing the annexation to cities of the second class of
21 portions of townships not exceeding one hundred acres in area
22 and totally surrounded by said cities; and providing for the
23 division of the assets and liabilities of said townships."
24 Act of May 12, 1925 (P.L.596, No.320), entitled "An act
25 providing for the alteration of the boundaries of counties in
26 certain cases for the adjustment of the indebtedness thereof;
27 providing the effect thereof."
28 Sections 201, 202, 203, 204, 205, 206, 207, 208, 209, 210,
29 250, 251, 252, 253, 254, 255, 501, 502, 503, 504, 505, 506, 515,
30 516, 517, 518, 525, 526, 535, 536, 540, 541, 542, 543, 544, 545,
19910H0678B0743 - 49 -
1 550, 551, 560, 561, 562, 570 and 580 of the act of June 23, 1931
2 (P.L.932, No.317), known as The Third Class City Code.
3 Sections 210, 211, 212, 213, 214, 216, 217, 218 and 219 of
4 the act of June 24, 1931 (P.L.1206, No.331), known as The First
5 Class Township Code.
6 Sections 205, 206, 207, 208, 209, 210, 211, 211.1, 212, 213,
7 214 and 215 of the act of May 1, 1933 (P.L.103, No.69), known as
8 The Second Class Township Code.
9 Sections 2(c) and 3 of the act of May 29, 1935 (P.L.244,
10 No.102), entitled "An act creating a Local Government Commission
11 to study and report on functions of local government; their
12 allocation and elimination; the cost of local government and
13 means of reducing it; and the consolidation of local government;
14 and making an appropriation."
15 Act of May 13, 1937 (P.L.620, No.161), entitled "An act
16 requiring the consent of the electors of a township of the first
17 class when such township, or any part thereof, is to be annexed
18 to a contiguous borough or city."
19 Act of July 2, 1937 (P.L.2803, No.588), entitled "An act
20 providing a method of annexation of townships of the first
21 class, and parts thereof, to cities and boroughs, and regulating
22 the proceedings pertaining thereto."
23 Act of June 15, 1939 (P.L.372, No.217), entitled "An act
24 affecting cities of the second class A, authorizing the
25 annexation of boroughs and townships thereto under certain
26 conditions, and, in connection therewith, placing duties upon or
27 affecting courts of quarter sessions, county boards of
28 elections, and officers of boroughs, townships, and cities of
29 the second class A, and providing for the payment of the
30 indebtedness of the various territorial units involved."
19910H0678B0743 - 50 -
1 Act of July 20, 1953 (P.L.550, No.145), entitled "An act
2 providing for and regulating the annexation of parts of a second
3 class township to boroughs, cities and townships."
4 Articles II and IV of the act of February 1, 1966 (1965
5 P.L.1656, No.581), known as The Borough Code.
6 Act of July 10, 1987 (P.L.246, No.47), known as the
7 Financially Distressed Municipalities Act, as follows: the
8 definitions of "consolidated or merged municipality,"
9 "consolidation or merger," "contiguous territory," "election
10 officials," "initiative" and "referendum" in section 103; as
11 much as reads "pursuant to Chapter 4" of section 241(7); all of
12 sections 401, 402, 403, 404, 405, 406, 407 and 409; and as much
13 as reads "under provisions of this chapter" of section 421.
14 (b) General.--All other acts and parts of acts are repealed
15 insofar as they are inconsistent with this act.
16 Section 602. Application to procedures previously initiated.
17 Where initiative and referendum proceedings under the second
18 paragraph of section 8 of Article IX of the Constitution of
19 Pennsylvania were commenced in any municipality before the
20 effective date of this act, those proceedings may continue just
21 as if this act had not been passed. Insofar as this act sets
22 forth procedures, conditions and requirements applicable
23 following a referendum on the question of consolidation, merger
24 or boundary change, this act shall apply in any municipality
25 where those referendum proceedings had been commenced or where
26 the electors had voted in the affirmative or in the negative in
27 any such referendum before the effective date of this act.
28 Section 603. Effective date.
29 This act shall take effect in 90 days.
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