THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GINGRICH, ROSS, CREIGHTON, FREEMAN AND SANTARSIERO, JUNE 21, 2011

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 21, 2011  

AN ACT

Reenacting and amending the act of February 1, 1966 (1965

P.L.1656, No.581), entitled "An act concerning boroughs, and

revising, amending and consolidating the law relating to

boroughs."

TABLE OF CONTENTS

ARTICLE I

PRELIMINARY PROVISIONS

Section 101.  Short Title.

Section 102.  Excluded Provisions.

Section 103.  Construction of Act Generally.

Section 104.  Constitutional Construction.

Section 105.  Construction of References.

Section 106.  Boroughs to Which Act Applies.

Section 107.  Acceptance of Act by Boroughs.

Section 107.1.  Acceptance of Act by Incorporated Towns.

Section 108.  Effective Date.

Section 109.  Publication of Notices.

Section 110.  Terms of Existing Officers Saved.

Section 111.  Definitions.

ARTICLE II

CREATION AND ALTERATION OF BOROUGHS

(a)  Incorporation of Boroughs

Section 201.  Areas May be Incorporated.

Section 202.  Applications for Incorporation.

Section 202.1.  Borough Advisory Committee.

Section 202.2.  Advisability of Incorporation; Certification of

Question for Referendum; Decree.

Section 205.  When Borough Government Becomes Effective;

Requisites of Charter.

Section 206.  Exclusion of Farm Lands.

Section 207.  Corporate Name.

Section 210.  Certificates of Clerk of Court; Fees; Penalty.

Section 211.  Existing Government Preserved Temporarily;

Organization of Borough; Election of Borough

Officers.

Section 212.  Marking Borough Boundaries.

Section 213.  Agreement to Adjust Indebtedness Where Borough

Created.

Section 214.  Judicial Adjustment on Failure of Agreement.

Section 215.  Proceeding on Judicial Adjustment Award.

Section 216.  Exceptions to Report.

Section 217.  Compensation and Expenses of Commissioners; Costs.

Section 218.  Where Territory of Borough is Located in Two or

More Counties.

Section 219.  Bond Issues; Taxation.

(c)  Creation of Boroughs from Cities of the Third Class

Section 231.  Petition for Creation of Borough from a City of

the Third Class.

Section 232.  Filing Petition; Notice of Election; Return.

Section 233.  When Borough Government Effective.

Section 234.  Property; Assets; Liabilities; Ordinances; Wards;

Election Districts and Certain Officers.

Section 235.  Costs and Expenses.

(d)  Consolidation or Merger of Boroughs and

Change of Corporate Name

Section 241.  Consolidation or merger.

Section 242.  Change of corporate name.

ARTICLE V

BOROUGH BOUNDARIES

Section 501.  Stream Boundaries.

Section 502.  Petition to Court; Establishment of Disputed

Boundaries.

Section 503.  Commissioners; Report.

Section 504.  Exceptions and Procedure.

Section 505.  Compensation and Expenses of Commissioners; Costs.

Section 506.  Boundary Monuments.

ARTICLE VI

BOROUGH WARDS

Section 601.  Power of Council to Erect, Abolish and Change

Wards and to Adjust, Alter and Establish Lines.

Section 602.  Petition of Electors.

Section 603.  Notice of Ordinance.

Section 604.  (Reserved).

Section 605.  (Reserved).

Section 606.  Terms of Officers.

ARTICLE VII

ASSOCIATIONS AND ORGANIZATIONS

Section 701.  State Association of Boroughs.

Section 701.1.  Authorization to Attend and Payment of Expenses

for Attending Meetings, Etc.

Section 701.2.  Compensation of Officers and Employes for

Attending Meetings, Etc.

Section 702.  County and Regional Associations of Boroughs.

Section 703.  Other Associations and Organizations.

Section 704.  Associations and Organizations for Mayors.

Section 705.  National or State Lodge of Police Officers.

ARTICLE VIII

ELECTIONS OF OFFICERS

(a)  General Provisions Relating to Elected Officers

Section 801.  Electors Only to be Eligible; Incompatibility.

Section 802.  Time and Place of Elections.

Section 803.  Certificates of Election.

Section 804.  Term; Bonds.

Section 805.  Election of Borough Officers When Boroughs

Created, Etc.

Section 806.  Officers to be Elected.

(b)  Members of Council

Section 811.  Election of Members of Council.

Section 812.  Election of Members of Council Where New Wards

Created.

Section 813.  Fixing Number of Members of Council When Wards

Created.

Section 814.  Increase in Number of Ward Council Members.

Section 815.  Decrease of Number of Ward Council Members.

Section 816.  Election of Members of Council Where Wards

Abolished.

Section 817.  Vacancies Created After a Primary Election.

Section 818.  Decrease in Number of Members of Council.

ARTICLE IX

VACANCIES IN OFFICE

Section 901.  Filling Vacancies in Elective Borough Offices.

Section 902.  Collection of Taxes Where Vacancy in Office of Tax

Collector Not Filled.

Section 903.  Right of Council to Declare Seat of Member Vacant

for Failure to Qualify.

Section 905.  Temporary Auditor.

ARTICLE X

POWERS AND DUTIES OF ELECTED

BOROUGH OFFICIALS

(a)  Council

Section 1001.  Organization of Council; Quorum; Participation by

Telecommunication Device; Voting; Compensation;

Eligibility.

Section 1002.  Oath of Members of Council.

Section 1003.  When the Mayor May Preside Over Council and Vote;

Attendance of Mayor at Council Meetings; Breaking Tie

Votes.

Section 1004.  Failure of Council to Organize.

Section 1005.  Powers of Council.

Section 1006.  Duties of Council.

Section 1009.  Typewritten, Printed, Photocopied, Microfilmed

and Electronically or Digitally Stored Records Valid;

Recording or Transcribing Records.

Section 1014.  Hearings Before Council; Witnesses.

Section 1015.  Witness Fees and Mileage.

Section 1016.  Examination of Witnesses; Penalty.

(c)  Auditors

Section 1041.  Auditors to Meet Yearly, and Audit Accounts.

Section 1053.  Compensation of Auditors.

Section 1055.  Subpoenas; Oath; Perjury.

Section 1058.  Pay of Witnesses.

Section 1059.  Auditors to Settle Accounts Where Witnesses Do

Not Appear.

Section 1059.1.  Completion, Filing and Publication of Auditor's

Report and Financial Statement.

Section 1059.2.  Attorney to Auditors.

Section 1059.3.  Surcharge by Auditors.

Section 1059.4.  Appeals from Audit.

Section 1059.5.  Taxpayers Appealing to Enter Bond.

Section 1059.6.  Procedure on Appeals.

Section 1059.7.  Findings of Fact and Law; Judgment; Appeals.

Section 1059.8.  Attorney Fees.

Section 1059.9.  Balances Due to be Entered as Judgments.

Section 1059.10.  Penalty for Failure to Comply with Law.

Section 1059.11.  General Powers and Duties of Independent

Auditor.

(d)  Controller

Section 1061.  Oath and Bond of Controller.

Section 1062.  Salary of Controller.

Section 1063.  General Powers and Duties of Controller.

Section 1065.  Controller to Countersign Warrants.

Section 1066.  Controller to Prevent Appropriation Overdrafts.

Section 1067.  Amount of Contracts to be Charged Against

Appropriations.

Section 1068.  Controller's Recommendations on Borough Finances.

Section 1069.  Books to be Kept by Controller.

Section 1070.  Appeals from Controller's Report.

Section 1071.  Acceptance by Ordinance.

(f)  Tax Collector

Section 1086.  Powers and Duties of Tax Collector.

ARTICLE X-A

MAYOR

Section 1001-A.  Eligibility of mayor.

Section 1002-A.  Incompatible offices.

Section 1003-A.  Oath of mayor.

Section 1004-A.  Salary of mayor.

Section 1005-A.  Salaried mayor not to receive certain fees.

Section 1006-A.  General powers of mayor.

Section 1007-A.  Duties of mayor.

Section 1008-A.  When president or vice-president of council to

act as mayor.

ARTICLE XI

POWERS, DUTIES AND RIGHTS OF APPOINTED 

OFFICERS AND EMPLOYES

(a)  General Provisions

Section 1101.  Compensation; Hours and Days of Work; Outside

Employment.

Section 1102.  Accounts.

Section 1103.  Bonds.

Section 1104.  Appointments; Incompatible Offices.

Section 1105.  Compensation to Aged Employes.

Section 1105.1.  Retirement Benefits of Employes Transferred to

Wastewater Authorities.

(b)  Treasurer

Section 1106.  Bond and Duties.

Section 1107.  Assistant Treasurer.

(c)  Secretary

Section 1111.  Duties.

Section 1112.  Assistant Secretary.

Section 1113.  Records Open to Inspection.

(d)  Solicitor

Section 1116.  Solicitor to Have Control of Legal Matters.

Section 1117.  Duties of Solicitor; Outside Counsel.

Section 1118.  Assistant Solicitor.

(e)  Police

Section 1121.  Council's Powers; Police.

Section 1122.  Police Serving Under Cooperative Agreement or

Contract.

Section 1123.  Police Badge.

Section 1123.1.  Mayor's Powers; Police.

Section 1124.  Suspension by Mayor.

Section 1125.  Compensation.

Section 1127.  School Crossing Guards.

(f)  Police Pension Fund in Boroughs Having a Police Force

of Less Than Three Members

Section 1131.  Police Pension Fund.

Section 1132.  Private Police Pension Funds; Optional Transfers.

(g)  Borough Manager

Section 1141.  Borough Manager May be Created by Ordinance;

Election.

Section 1142.  Powers and Duties; Bond.

Section 1143.   Other Offices Not Incompatible.

(j)  Civil Service for Police and

Fire Apparatus Operators

Section 1171.  Appointments of Police and Fire Apparatus

Operators.

Section 1172.  Civil Service Commission Created; Appointments;

Vacancies; Oath; Compensation.

Section 1173.  Offices Incompatible with Civil Service

Commissioner.

Section 1174.  Organization of Commission; Quorum.

Section 1175.  Clerks and Supplies, Etc.; Solicitor.

Section 1176.  Rules and Regulations.

Section 1177.  Minutes and Records.

Section 1178.  Investigations.

Section 1179.  Subpoenas.

Section 1180.  Annual Report.

Section 1181.  General Provisions Relating to Examinations.

Section 1182.  Application for Examination.

Section 1183.  Rejection of Applicant; Hearing.

Section 1184.  Eligibility List and Manner of Filling

Appointments.

Section 1185.  Age, Applicant's Residence.

Section 1186.  Probationary Period.

Section 1187.  Provisional Appointments.

Section 1188.  Promotions.

Section 1189.  Physical and Psychological Medical Examination.

Section 1190.  Removals.

Section 1191.  Hearings on Dismissals and Reductions.

Section 1192.  Employes Exempted.

Section 1193.  Discrimination on Account of Political or

Religious Affiliations.

Section 1194.  Penalty.

ARTICLE XII

CORPORATE POWERS

Section 1201.  General Powers.

Section 1201.1.  Real Property.

Section 1201.2.  Personal Property.

Section 1201.3.  Exceptions.

Section 1202.  Specific Powers.

Section 1203.  General Powers.

ARTICLE XIII

TAXATION AND FINANCE

Section 1301.  Fiscal Year.

Section 1302.  Tax Levy.

Section 1302.1.  Different and Separate Tax Levies.

Section 1303.  Special Levy to Pay Debts.

Section 1304.  Special Road Fund Tax.

Section 1305.  Date Tax Duplicate to Issue.

Section 1306.  Additions and Revisions to Duplicates.

Section 1307.  Preparation of Budget.

Section 1308.  Notice of Proposed Budget; Penalty.

Section 1309.  Revision and Completion of Budget.

Section 1310.  Adoption of Budget.

Section 1310.1.  Tax Ordinance.

Section 1311.  Amending Budget; Notice.

Section 1312.  Modification of Budget; Supplemental

Appropriations and Transfers.

Section 1313.  Payment from Borough Funds.

Section 1313.1.  Creation of Special Funds; Investments.

Section 1314.  Uniform Financial Report; Forms.

Section 1315.  Capital Improvements to Certain Public Service

Facilities.

Section 1316.  Investment of Funds.

ARTICLE XIV

CONTRACTS

Section 1401.  Power to Make Contracts.

Section 1402.  Regulation of Contracts.

Section 1403.  Evasion of Advertising Requirements.

Section 1404.  Personal Interest in Contracts or Purchases.

Section 1404.1.  Purchase Contracts for Petroleum Products; Fire

Company, Etc., Participation.

Section 1405.  Separate Bids for Plumbing, Heating, Ventilating

and Electrical Work.

Section 1406.  Bonds for the Protection of Labor and Materials.

Section 1410.  Acceptance by Contractor of Workers' Compensation

Act.

ARTICLE XV

EMINENT DOMAIN; ASSESSMENT OF DAMAGES;

DAMAGES FOR INJURY TO PROPERTY

(a)  General Provisions Relating to Eminent Domain

Section 1501.  Exercise of Eminent Domain.

Section 1502.  Restrictions as to Certain Property.

Section 1502.1.  Declaration of Intention.

Section 1503.  Application of 26 Pa.C.S.

(c)  Damages for Injury to Property

Section 1561.  Right to Damage Given in Certain Cases.

ARTICLE XVII

STREETS

(a)  General Provisions Relating to Streets

Section 1701.  Definitions.

Section 1704.  Streets Connecting With Street of Other

Municipality.

Section 1705.  Entry on Land to Maintain Marks and Monuments.

Section 1706.  Exclusive Nature of Provisions.

Section 1707.  Failure of Council to Hold Hearing.

Section 1708.  Street Lighting, Ornamental Lighting and Traffic

Control Signals and Devices.

(b)  Plan of Streets

Section 1712.  Borough Street Plan.

(c)  Laying Out Streets

Section 1721.1.  Power to Lay Out, Open, Etc.

Section 1721.2.  Laying Out Streets; Procedure.

Section 1724.  Effect of Laying Out Street.

(d)  Opening; Acceptance and Vacation of Streets

Section 1731.  Authority to Open and Vacate Streets; Procedure.

Section 1732.  Petition for Opening or Vacating Street; Action

Thereon.

Section 1733.  Action for Damages and Benefits; Award.

Section 1734.  Acceptance and Dedication of Streets.

Section 1735.  Streets Not to Be Constructed, or Dedicated or

Opened to Travel Without the Approval of Council.

(f)  Straightening and Relocating Streets

Section 1751.  Authority to Straighten and Relocate Streets;

Procedure.

(g)  Improvement of Borough Streets

Section 1761.  Proceedings With or Without Petition.

(h)  Improvement of Streets Outside or Partly

Outside Borough Limits

Section 1771.  Improvement of Streets Outside or Partly Outside

Borough Limits.

(i)  Acquisition or Use of Abutting Lands

Section 1782.  Acquisition of Property for Unobstructed View.

ARTICLE XVIII

SIDEWALKS

Section 1801.  Power to Lay Out and Establish Sidewalks and to

Compel the Construction Thereof.

Section 1802.  Sidewalks on Land Abutting State Highways and

Along Roads Outside Borough.

Section 1803.  Establishment of Grades.

Section 1804.  Boroughs May Pay All or Part of Cost of Grading

and Curbing.

Section 1805.  Borough May Do Work; Collection of Cost.

Section 1806.  Emergency Repairs to Sidewalks.

ARTICLE XIX

BRIDGES, VIADUCTS AND UNDERGROUND

PASSAGEWAYS

Section 1901.  Construction or Acquisition and Maintenance of

Bridges and Viaducts.

Section 1902.  Right to Appropriate Property; Assessment of

Damages.

Section 1903.  Boundary Bridges.

Section 1904.  Contracts With Railroads and Other Companies and

With Counties.

Section 1905.  Overhead and Underground Passageways.

ARTICLE XX

SANITARY SEWERS

(a)  Laying Out, Construction and Operation of Sanitary Sewers

and Construction of Sewage Treatment Works

Section 2001.  Power to Lay Out and Construct.

Section 2002.  Assessments.

Section 2009.  Extensions Beyond Borough Limits; Eminent Domain.

Section 2010.  Notice of Certain Ordinances.

Section 2012.  Unlawful to Build Within Right-of-Way of Sanitary

Sewers.

Section 2013.  Opening Sanitary Sewers.

(b)  Joint Sanitary Sewers

Section 2021.  Joint Sanitary Sewer Systems.

Section 2023.  Connections with Sanitary Sewers of Adjacent

Municipalities.

Section 2024.  Applications to Court.

Section 2025.  Appointment of Viewers.

Section 2026.  Report of Viewers; Appeals to Court.

(d)  Acquisition of Community Collection or Disposal Systems

Section 2041.1.  Power to Acquire Community Collection or

Disposal Systems.

Section 2043.  Community Sewage Collection or Disposal Systems.

(e)  Connection and Use of Sanitary Sewers

Section 2051.  Ordinances to Require Sanitary Sewer Connections.

Section 2053.  Tapping Fees.

(f)  Monthly, Quarterly or Annual Rentals

Section 2061.  Ordinance for Monthly, Quarterly or Annual

Rental.

Section 2062.  How Rental Fixed.

Section 2063.  Collection of Rental.

ARTICLE XXI-A

ASSESSMENTS AND CHARGES FOR PUBLIC IMPROVEMENTS

Section 2101-A.  Authority to assess.

Section 2102-A.  Notice of assessments.

Section 2103-A.  Assessment based on front foot basis.

Section 2104-A.  Assessment of benefits conferred.

Section 2105-A.  Assessment awards.

Section 2106-A.  Petition for viewers.

Section 2107-A.  Payment of assessments in installments.

Section 2108-A.  Collection of assessments.

ARTICLE XXII

STORM SEWERS AND WATER COURSES

Section 2201.  Authority of Boroughs.

Section 2202.  Right of Entry Upon Lands.

Section 2203.  Manner of Financing Work.

Section 2204.  Proceedings to Assess Damages.

Section 2205.  Unlawful to Build Within Right-of-Way of Storm

Sewers.

Section 2206.  Power to Acquire Storm Sewer Systems.

ARTICLE XXIV

WATER SYSTEM

(a)  General Powers to Supply Water

Section 2401.  Power to Supply Water and Make Regulations.

Section 2402.  Contracts Not to Abridge Powers.

Section 2403.  Issue of Bonds Where Water System Acquired.

Section 2404.  Refunding Bonds.

Section 2406.  Contracts to Supply Water for Municipal Purposes.

Section 2407.  Power to Supply Water Beyond Limits of Borough.

Section 2408.  Assessment for Water Mains.

Section 2409.  Sale of Water System.

(a.1)  Acquisition by Eminent Domain

Section 2411.  Appropriation of Lands and Waters.

Section 2412.  Agreements as to Damages; Bonds.

(a.2)  Acquisition by Purchase after Appraisement

Section 2421.  Petition to Court Expressing Desire to Acquire a

Water System.

Section 2422.  Appointment of Engineers as Appraisers to Make

Valuation.

Section 2423.  Powers of Appraisers.

Section 2424.  Appeal from Appraisement.

Section 2425.  Effect of Failure of Owner of Works to Accept

Price Fixed.

Section 2426.  Bond Issue and Limitations.

(a.3)  Power to Lease a Water System

Section 2431.  Lease of a Water System.

Section 2432.  Term of Lease; Rental.

Section 2433.  Operation of Property.

(a.4)  Joint Water System

Section 2436.  Joint Acquisitions and Constructions.

Section 2437.  Permit of Department of Environmental Protection.

Section 2438.  Joint Commission of a Water System.

(a.5)  Condemnation of Lands for Road Purposes

and to Prevent Contamination

Section 2441.  Prevention of Contamination of Water Supply;

Acquisition of Lands to Reconstruct Roads.

Section 2442.  Filing Maps and Plans.

(a.6)  Commission of the Water System

Section 2451.  Commission May Be Established.

Section 2452.  Terms of Commissioners; Compensation.

Section 2453.  Organization of Commissioners.

Section 2454.  Powers of Commission.

Section 2455.  Issue of Bonds.

Section 2456.  Plans and Specifications for the Improvements;

Contracts.

Section 2457.  Reports by Commission.

Section 2458.  Care of Funds.

(a.7)  Water Connections

Section 2461.  Ordinances to Require Water Connections.

Section 2462.  Notice of Ordinance; Failure to Comply With

Ordinance.

Section 2463.  Water Main Tapping Fees.

ARTICLE XXIV-A

MANUFACTURE AND SUPPLY OF ELECTRICITY

Section 2401-A.  Definitions.

Section 2402-A.  General powers.

Section 2403-A.  Specific powers.

Section 2404-A.  Municipal power agencies.

Section 2405-A.  Additional contracting authority for electric

power and energy.

ARTICLE XXV-A

AIRPORTS

Section 2501-A.  Authority to secure lands for airports.

Section 2502-A.  Authority to establish and lease airports.

Section 2503-A.  Joint airports.

ARTICLE XXVI

WHARVES AND DOCKS

Section 2601.  Power With Regard to Wharves and Docks.

Section 2603.  Proceedings.

Section 2604.  How Damages Assessed.

Section 2605.  Leases.

Section 2606.  Market-Houses and Terminal Sheds.

Section 2607.  Public Use Preserved.

Section 2608.  Saving Clause.

ARTICLE XXVII

RECREATION PLACES, SHADE TREES, FORESTS

(a)  Parks and Playgrounds, Et Cetera

Section 2701.  Power to Maintain, Improve and Acquire.

Section 2703.  Appropriations for Public Purposes.

Section 2708.  Creation of Recreation Board.

Section 2709.  Composition of Board.

Section 2710.  Organization of Board; Employes.

Section 2713.  Lease for School Athletics.

(b)  Shade Trees

(1)  Power of Boroughs as to Shade Trees

Section 2720.  Care, Custody and Control of Shade Trees.

Section 2720.1.  Maintenance by Borough; Tax Levy.

Section 2720.2.  Payment by Owners; Assessments.

Section 2720.3.  Notice of Work.

Section 2720.4.  Penalties.

(2)  Shade Tree Commission

Section 2721.  Shade Tree Commission.

Section 2722.  Composition of Commission.

Section 2724.1.  Duties of Commission.

(c)  Forests

Section 2751.  Acquisition of Land for Forest Purposes.

Section 2753.  Ordinance Declaring Intention.

Section 2754.  Appropriations of Money.

Section 2755.  Rules and Regulations.

Section 2756.  Appropriations and Revenues.

Section 2757.  Use of Forests.

Section 2758.  Ordinance of Sale.

Section 2759.  Pruning or Thinning Out; Sale of Products

Thereof.

ARTICLE XXVIII

CEMETERIES

Section 2800.  Appropriations for Burial Ground Maintenance.

Section 2800.1.  Burial of Deceased Persons.

Section 2801.  Management by Commission.

Section 2802.  Transfer from Borough to Company.

Section 2805.  Transfer from Company to Borough.

Section 2805.1.  Neglected or Abandoned Cemeteries.

Section 2808.  Removing Bodies to Alter Plots.

Section 2809.  Removal of Bodies to Other Cemeteries.

Section 2816.  Purchase of Plots for Burial of Deceased Service

Persons.

ARTICLE XXIX

LICENSES AND LICENSE FEES

Section 2901.  Licensing Transient Retail Business.

Section 2902.  Commonwealth Licenses Saved.

Section 2903.  Licensing Parking Lots and Parking Garages

Operated for Profit.

Section 2904.  Persons Taking Orders by Samples.

Section 2905.  Equality of Residents and Non-Residents.

Section 2906.  Insurance Business.

ARTICLE XXIX-A

VETERANS' AFFAIRS

(a)  Pennsylvania National Guard

Section 2901-A.  Eminent domain for National Guard purposes.

Section 2902-A.  Lands for armory purposes.

Section 2903-A.  Appropriation to assist in erection of

armories.

Section 2904-A.  Support of Pennsylvania National Guard units.

(b)  Support of Veterans' Organizations

Section 2911-A.  Appropriations to organizations of veterans and

American Gold Star Mothers.

Section 2912-A.  Payment of rent for veterans' organizations.

Section 2913-A.  Rooms for veterans' and children of veterans'

organizations.

Section 2914-A.  Care and erection of memorials.

ARTICLE XXXI

HEALTH AND SANITATION

Section 3101.  Establishment of Board of Health; Health

Officers.

Section 3102.  Members of Board of Health.

Section 3103.  Oaths of Members, Secretary and Health Officer;

Organization; Bonds.

Section 3104.  Duties of Secretary.

Section 3105.  Powers and Duties of Health Officer.

Section 3106.  Powers of Board of Health.

Section 3107.  Entry Upon Premises.

Section 3108.  Inspections; Abatement of Nuisances.

Section 3109.  Estimates of Expenditures; Report.

Section 3110.  Cooperation With Other Units.

Section 3111.  Powers of Department of Health to Administer

Health Laws; Expenses.

ARTICLE XXXII-A

UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE

CODE AND RESERVED POWERS

Section 3201-A.  Primacy of Uniform Construction Code.

Section 3202-A.  Changes in Uniform Construction Code.

Section 3203-A.  Public nuisance.

Section 3204-A.  Property maintenance code.

Section 3205-A.  Reserved powers.

ARTICLE XXXIII

ORDINANCES

(a)  General Provisions

Section 3301.1.  Ordinances; resolutions.

Section 3301.2.  Publication of proposed ordinances.

Section 3301.3.  Enactment, approval and veto of ordinances;

effective date.

Section 3301.4.  Recording, advertising and proof of ordinances.

Section 3301.5.  Codification of ordinances.

Section 3301.6.  Appeals from ordinances.

Section 3301.7.  Lost ordinance books to be replaced; recording

ordinances.

(b)  Enforcement

Section 3321.  Fines and penalties.

Section 3322.  Commitments Pending Hearings.

Section 3323.  Commitments After Hearing.

Section 3324.  Payment of Costs by Borough.

ARTICLE XXXV

ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE

Section 3501.  Acts of Assembly Repealed; Saving Clause.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Article I heading and section 101 of the act of

February 1, 1966 (1965 P.L.1656, No.581), known as The Borough

Code, are reenacted to read:

ARTICLE I

PRELIMINARY PROVISIONS

Section 101.  Short Title.--This act shall be known and may

be cited as "The Borough Code."

Section 2.  Sections 102 and 103 of the act are amended to

read:

Section 102.  Excluded Provisions.--This act does not include

any provisions, and shall not be construed to repeal any acts,

relating to:

(1)  The assessment and valuation of property and persons for

the purpose of taxation and the collection of taxes, except as

provided herein.

(2)  The collection of municipal claims by liens.

(3)  The method of incurring or increasing indebtedness.

(4)  Conduct of elections.

(5)  Public schools.

(6)  [Borough] The powers and duties of borough and ward

constables.

(7)  [Justices of the peace] Magisterial district judges.

(8)  The giving of municipal consent to public [utility

corporations] utilities.

(9)  State highways.

(10)  Validations of elections, bonds, ordinances, and acts

of corporate officers.

(11)  Any of the provisions of [The Penal Code] 18 Pa.C.S.

(relating to crimes and offenses).

(12)  Any of the provisions of 75 Pa.C.S. (relating to

vehicles).

Section 103.  Construction of Act Generally.--(a)  The

provisions of this act, so far as they are the same as those of

existing laws, are intended as a continuation of [such] existing 

laws and not as new enactments. The repeal by this act of any

act of Assembly, or part thereof, shall not revive any act or

part thereof heretofore repealed or superseded, nor affect the

corporate existence of any borough heretofore incorporated. The

provisions of this act shall not affect any act done, liability

incurred, or right accrued or vested, or affect any suit or

prosecution pending or to be instituted to enforce any right or

penalty or punish any offense under the authority of [such] the

repealed laws. All ordinances, resolutions, regulations, and

rules made pursuant to any act of Assembly repealed by this act,

shall continue with the same force and effect as if [such] the 

act had not been repealed to the extent that [such] the 

ordinances, resolutions, regulations and rules could have been

made pursuant to this act. Any person holding office under any

act of Assembly repealed by this act shall continue to hold

[such] office until the expiration of the term thereof, subject

to the conditions attached to [such] the office prior to the

[passage] enactment of this act.

(b)  Borough council shall have the corporate powers and

duties and borough officials shall have the powers and duties

not only as set forth in this act but also as provided in other

laws to the extent that the powers and duties are not repealed

by this act.

Section 3.  Section 104 of the act is reenacted to read:

Section 104.  Constitutional Construction.--The provisions of

this act shall be severable and, if any of the provisions shall

be held to be unconstitutional, such decision shall not affect

the validity of any of the remaining provisions of this act. It

is hereby declared as a legislative intent that this act would

have been adopted had such unconstitutional provision not been

included therein.

Section 4.  Sections 105, 106 and 107 of the act are amended

to read:

Section 105.  Construction of References.--Whenever in this

act reference is made to any act by title[, such] or otherwise, 

reference shall also apply to and include any codification

wherein the provisions of the act referred to are substantially

reenacted.

Section 106.  Boroughs to Which Act Applies.--(a)  This act

shall apply to all boroughs, including:

(1)  all boroughs incorporated under general laws[, and to];

(2)  all boroughs incorporated under special law which have

accepted the provisions of the act of April 3, 1851 [(P.L.320)]

(P.L.320, No.218), entitled "An act regulating boroughs[," and

also to]";

(3)  all boroughs incorporated either prior to or since April

3, 1851, by special act of Assembly which by the act of

incorporation have been given the general powers of boroughs 

under the general law[, and also to];

(4)  all boroughs incorporated under or which have accepted

the provisions of[,] the act of May 14, 1915 [(P.L.312)]

(P.L.312, No.192), entitled "An act providing a system of

government for boroughs, and revising, amending, and

consolidating the law relating to boroughs[," and also to]"; and

(5)  all boroughs incorporated under or which have accepted

the provisions of, the act of May 4, 1927 [(P.L.519)] (P.L.519,

No.336), known as "The Borough Code."

(b)  This act shall not annul or repeal any local or special

act in force at the date of the [passage] enactment of this act,

or any provision thereof[, nor shall this act repeal any act so

far as any such act applies to, or may have heretofore applied

to, any boroughs incorporated under special acts of Assembly,

and to which boroughs, as limited by the provisions of this

section, this act does not apply].

The provisions of this act, in so far as similar provisions

of the [said] act of May 14, 1915 [(P.L.312)] (P.L.312, No.192),

and in so far as similar provisions of the [said] act of May 4,

1927 [(P.L.519)] (P.L.519, No.336), were extended to boroughs

acting under local laws, shall apply to [such] the boroughs

incorporated under local laws. If a provision in this act

conflicts with a special or local law applicable to a borough

that has not otherwise been surrendered, the two shall be

construed, if possible, so that effect may be given to both. If

the conflict between the two provisions is irreconcilable, the

provision in the local or special law shall prevail.

Section 107.  Acceptance of Act by Boroughs [and Incorporated

Towns.--Any].--(a)  A borough [or incorporated town,]

incorporated or acting under any local or special act of

Assembly, may surrender the provisions of its special and local

acts in their entirety, or so far as they are inconsistent with

this act, and be governed by the provisions of this act, by

presenting a petition to the court of [quarter sessions] common

pleas of the county setting forth the desire of [such] the 

borough [or incorporated town] to accept the provisions of this

act. The petition shall also set forth whether it is the desire

of the petitioners to surrender all of the provisions of its

special and local acts or to retain [such] the provisions of its

special and local acts as are not inconsistent with this act.

[Such] If the petition sets forth a desire to retain provisions

of local or special acts, it shall set forth the provisions of

the local or special acts to be retained. The petition shall be

made by the council or by at least ten percent of the registered

electors of the borough [or incorporated town] as of the date

the petition is filed.

(b)  Upon the presentation of the petition, the court shall

fix a day for hearing, of which [such] notice shall be given as

may be directed by the court. At [such] the hearing, any

inhabitant of the borough [or incorporated town] may remonstrate

against the granting of the petition, and the court may grant or

refuse the petition as to it appears just and proper.

If the court [grant] grants the petition, the decree of the

court shall be recorded in the office for the recording of

deeds, and thereafter the borough [or incorporated town] shall

be subject to all the provisions of this act, and any [such

incorporated town shall become a borough and the local and

special acts of Assembly in force in any such boroughs or

incorporated town shall be annulled in their entirety, or so far

as they are inconsistent with the provisions of this act, as may

be set forth in the petition in the particular case. When any

incorporated town accepts the provisions of this act, the decree

of the court permitting such acceptance shall set forth the

title of the new borough.] local or special acts of Assembly

retained as set forth in the petition. From the date of the

decree, any local or special act of Assembly applicable to the

borough shall be of no force and effect to the extent it is

inconsistent with this act or has been surrendered.

(c)  When [any] a borough [or incorporated town] shall accept

the provisions of this act, as provided by this section, all

liabilities incurred, rights accrued or vested, obligations

issued or contracted, and all suits and prosecutions pending or

to be instituted to enforce any right or penalty accrued or

punish any offense committed prior to [such] the acceptance, and

all ordinances shall continue with the same force and effect as

if no [such] acceptance had been made.

Section 5.  The act is amended by adding a section to read:

Section 107.1.  Acceptance of Act by Incorporated Towns.--(a)

An incorporated town incorporated or acting under a local or

special act of Assembly may, by ordinance, elect to be governed

by provisions of this act, and shall surrender any provisions of

its special and local acts, in whole or in part, that are

inconsistent with the provisions of this act adopted by the

incorporated town. The ordinance shall set forth, at length or

by reference, the provisions of this act to be adopted and, to

the extent applicable, those provisions of its special and local

acts to be surrendered. As of the effective date of the

ordinance and until such time as the ordinance may be repealed

or amended, the provisions of this act as set forth in the

ordinance shall be the law applicable to the incorporated town

and the provisions of any local or special acts of Assembly, to

the extent surrendered as set forth in the ordinance, shall be

of no force and effect to the extent they would otherwise apply

to the incorporated town.

(b)  An incorporated town incorporated or acting under any

local or special act of Assembly may elect to accept the

provisions of this act in their entirety and surrender all local

and special acts by petition as set forth in section 107. When

an incorporated town accepts the provisions of this act in their

entirety and surrenders all local and special acts, the

incorporated town shall become a borough and the decree of the

court permitting the acceptance shall set forth the name of the

new borough.

(c)  When an incorporated town shall accept the provisions of

this act, as provided by this section, all liabilities incurred,

rights accrued or vested, obligations issued or contracted, and

all suits and prosecutions pending or to be instituted to

enforce any right or penalty accrued or punish any offense

committed prior to acceptance, and all ordinances shall continue

with the same force and effect as if no acceptance had been

made. An incorporated town shall not have the power to alter or

amend any provision of this act that has been adopted in

accordance with this section or section 107.

Section 6.  Section 108 of the act is reenacted to read:

Section 108.  Effective Date.--This act shall take effect

January 1, 1966.

Section 7.  Section 109 of the act is amended to read:

Section 109.  Publication of Notices.--(a)  Wherever, in any

of the provisions of this act, notice is required to be given in

one newspaper [of general circulation in the borough, such], the 

notice shall be published in a newspaper [of general circulation

as defined by the act of May 16, 1929 (P.L.1784), known as the

"Newspaper Advertising Act," and its amendments,] which is

published and circulated in the borough or boroughs affected, or

[such] a newspaper [of general circulation,] circulated in the

borough or boroughs affected, which has bona fide paid

circulation equal to or greater than any newspaper published in

the borough or boroughs affected by the notice. [Such notice]

(b)  Unless dispensed with by special order of court, notice

required to be published in a newspaper shall also be published

in the legal [journal, if any, designated by the rules of court

for the publication of legal notices and advertisements,]

newspaper for the county of the borough affected, if a legal

newspaper exists, when [such] the notice refers to any

proceeding in any court or the holding of elections for the

increase of indebtedness or the sale of bonds[, unless such

publication is dispensed with by special order of the court].

(c)  Nothing in this act may preclude the publication of

notices by means other than in a newspaper to the extent

authorized by law.

Section 8.  Section 110 of the act is reenacted to read:

Section 110.  Terms of Existing Officers Saved.--This act

shall not be construed as affecting or terminating the term of

any officer of a borough holding office at the time the same

becomes effective.

Section 9.  Section 111 of the act is amended to read:

Section 111.  Definitions.--As used in this act, unless the

context clearly indicates otherwise, the following words and

terms shall be construed as follows:

(1)  "Abutting property," or "abutting real estate" in

reference to any street shall mean any property physically

adjoining [such] the street, regardless of what the reversion

rights in [such] the street may be and regardless of where the

lot lines may be in relation to [such] the street.

[(2)  "Corporate authorities" means the borough council even

though the action taken is by ordinance which is subject to the

approval or veto of the mayor.]

[(3)] (2)  "Department of [Highways] Transportation" means

the Pennsylvania Department of [Highways] Transportation.

[(4)] (3)  "Highway" means a State highway of the

Commonwealth of Pennsylvania.

[(5)] (4)  "Latest official census" shall be either the most

recent decennial census of the United States or a later census

conducted by the United States Bureau of the Census, whichever

shall be the later.

(5)  "Municipal corporation" means a city, borough,

incorporated town, township of the first or second class or any

home rule municipality other than a county.

(6)  "Municipality" means a municipal corporation or a

county.

(7)  "Newspaper" means a newspaper of general circulation as

defined in 45 Pa.C.S. § 101 (relating to definitions) and

circulated in the borough.

(8)  "Pennsylvania Municipalities Planning Code" means the

act of July 31, 1968 (P.L.805, No.247), known as the

"Pennsylvania Municipalities Planning Code."

[(6)] (9)  "Street" means and includes any street, road,

lane, court, cul-de-sac, alley, public way and public square.

Section 10.  Article II heading of the act is amended to

read:

ARTICLE II

CREATION AND ALTERATION OF BOROUGHS

Section 10.1.  Article II subdivision (a) heading of the act

is reenacted to read:

(a)  Incorporation of Boroughs

Section 11.  Section 201 of the act, amended December 18,

1992 (P.L.1650, No.181), is amended to read:

Section 201.  Areas May be Incorporated.--The courts of

common pleas may incorporate as a borough any contiguous area

from one or more townships within their jurisdiction[, not

already incorporated or a part of an incorporated municipality

and] having a population of at least 500 residents[, as a

borough, which, after]. After having been [so] incorporated[,] 

as a borough, the area shall be a body corporate and politic

[by] and shall have the name [which shall be] decreed by the

court. "Township" as used in this subdivision shall mean a

township of the second class.

Section 12.  Section 202 of the act, amended July 10, 1981

(P.L.247, No.80) and December 18, 1992 (P.L.1650, No.181), is

amended to read:

Section 202.  Applications for Incorporation.--(a)  The

application for incorporation shall be by a petition signed by a

majority of the freeholders residing within the limits of the

proposed borough and by the freeholders of a majority of the

territory within the limits of the proposed borough, when all

parts of the proposed borough are in the same township[, and,

where]. Where portions of the proposed borough are in different

townships, the petition shall be signed by a majority of the

freeholders residing in each of [such] the separate portions and

by the freeholders of a majority of the territory in each of

[such] the separate portions. The signatures must be secured

within three months immediately preceding the presentation

thereof to the court. [Such] The petition shall be subscribed by

and sworn to by at least one of the signers. The number of

signers required to sign the petition shall be ascertained as of

the date the petition was presented to court.

[(b)  The court shall establish a Borough Advisory Committee

which shall consist of two residents of the proposed borough,

two residents of the existing governmental unit or units

recommended by the respective governing body of the unit or

units and not residing within the proposed borough and one

resident of the county not residing in either area who shall

serve as the chairman of the committee. Such a committee shall

be established when a petition is received by the court for the

creation of a borough. Pursuant to this act, the members of such

committee shall be appointed by and shall serve at the pleasure

of the court. The members shall serve without salary, but the

court may entitle each such member to reimbursement for his

actual and necessary expenses incurred in the performance of his

official duties. The director of the County Planning Commission

shall serve as advisor to the committee.

(c)  Such committee shall, within sixty days of its creation,

advise the court in relation to the establishment of the

proposed borough. In particular, the committee shall render

expert advice and findings of fact relating to the desirability

of such an incorporation, including, but not limited to, advice

as to:

(1)  the proposed borough's ability to obtain or provide

adequate and reasonable community support services such as

police protection, fire protection and other appropriate

community facility services;

(2)  the existing and potential commercial, residential and

industrial development of the proposed borough; and

(3)  the financial or tax effect on the proposed borough and

existing governmental unit or units.

(d)  After receiving the findings-of-fact and the advice of

the committee, the court shall set a date for a hearing on the

proposed incorporation and shall hear the parties interested and

their witnesses. The court shall certify the question of the

proposed incorporation to the board of election of the county

for a referendum vote of the residents of the proposed borough

only if it finds that the conditions prescribed by this section

have been complied with and that the desirability of the

proposed incorporation is supported by a preponderance of the

evidence submitted at the hearing and by the committee. Upon

receipt of the certified election results, the court shall enter

a final decree granting or denying the prayer of the

petitioners.] For purposes of this subsection, the residence of

freeholders shall be established by evidence of domicile in a

permanent structure.

(e)  Upon presentation to the court, the petition shall be

filed with the clerk of court, and notice of the petition shall

be published in one newspaper and in the legal newspaper, as

defined in 45 Pa.C.S. § 101 (relating to definitions), if any,

once a week for four consecutive weeks immediately following the

filing of the petition, during which time exceptions may be

filed to the petition by any person interested. The notice shall

state when and where the petition was filed and the time during

which exceptions may be filed to the petition.

(f)  The petition shall set forth the name of the proposed

borough, with a particular description of the boundaries of the

borough, and be accompanied with a plot of the proposed borough.

If the boundaries of the proposed borough are not the same as an

existing township or townships, the description shall include

the courses and distances of the boundaries. If the boundaries

of the proposed borough are the same as an existing township or

townships, the description need not contain the courses and

distances of the boundaries but shall refer to the name and

location of the existing township or townships.

Section 13.  The act is amended by adding sections to read:

Section 202.1.  Borough Advisory Committee.--(a)  The court

shall establish a Borough Advisory Committee when a petition is

received by the court for the creation of a borough. The

committee members shall be appointed by and shall serve at the

pleasure of the court, and shall consist of two residents of the

proposed borough, two residents from each of the existing

townships recommended by the respective governing body of the

township or townships and not residing within the proposed

borough and one resident of the county not residing in either

area who shall serve as the chair of the committee. The members

shall serve without salary, but the court may entitle each

member to reimbursement for the member's actual and necessary

expenses incurred in the performance of the member's official

duties. The members may consult with the director of the County

Planning Commission who may advise the committee.

(b)  The committee shall, within sixty days of its creation,

advise the court in relation to the establishment of the

proposed borough. In particular, the committee shall render

expert advice and findings of fact relating to the desirability

of an incorporation, including, but not limited to, advice as

to:

(1)  the proposed borough's ability to obtain or provide

adequate and reasonable community support services such as

police protection, fire protection and other appropriate

community facility services;

(2)  whether the proposed borough constitutes a harmonious

whole with common interests and needs that can best be served by

a borough government;

(3)  the existing and potential commercial, residential and

industrial development of the proposed borough;

(4)  whether the proposed borough would provide for land use

regulations to meet the legitimate needs for all categories of

residents or whether the plan is exclusionary or would result in

economic segregation; and

(5)  the financial or tax effect on the proposed borough and

existing township or townships.

Section 202.2.  Advisability of Incorporation; Certification

of Question for Referendum; Decree.--(a)  After receiving the

findings-of-fact and the advice of the committee, the court

shall set a date for a hearing on the proposed incorporation and

shall hear the parties interested, which shall include, but not

be limited to, the holders of any ownership interest in real

property within the limits of the proposed borough, and their

witnesses. If, after the hearing, the court deems further

investigation necessary to determine the advisability of

incorporation, it may make an order as is needed to obtain the

additional information. When the court has obtained all

reasonably necessary information, and has determined that the

conditions prescribed by this section have been complied with,

the court shall determine the desirability of the proposed

incorporation based upon the evidence submitted at the hearing

and by the committee, any additional information obtained after

the hearing, and any other applicable factors the court deems

relevant.

(b)  If the court determines that the desirability of the

proposed incorporation is not supported by a preponderance of

the evidence, the court shall enter a final decree denying the

request of the petitioners and no other proceedings shall be

had. If the court determines that the desirability of the

proposed incorporation is supported by a preponderance of the

evidence, the court shall certify the question of the proposed

incorporation to the board of election of the county for a

referendum vote of the residents of the proposed borough. Upon

receipt of the certified election results, the court shall enter

a final decree granting or denying the request of the

petitioners.

(c)  The petition and the final decree either granting or

denying the petition shall be recorded in the recorder of deed's

office of the county at the expense of the petitioners, who

shall also pay all other expenses and costs in connection with

the proceedings.

Section 14.  Section 203 of the act, amended November 30,

1967 (P.L.657, No.304), is repealed:

[Section 203.  Contents of Petition.--The petition shall set

forth the name of the proposed borough, with a particular

description of the boundaries thereof, and be accompanied with a

plot of the same. If the boundaries of the proposed borough are

not the same as an existing political subdivision, the

description shall include the courses and distances of the

boundaries. If the boundaries of the proposed borough are the

same as an existing political subdivision, the description need

not contain the courses and distances of the boundaries but

shall refer to the name and location of the existing political

subdivision.]

Section 15.  Section 204 of the act is repealed:

[Section 204.  Filing of Petition; Notice; Decree; Costs.--

Upon presentation to the court, the petition shall be filed with

the clerk, and notice thereof shall be given in one newspaper of

general circulation in the county and in the legal journal, if

any, for a period of not less than thirty days immediately

following the filing thereof, during which time exceptions may

be filed to the petition by any person interested. The notice

shall be published once a week for four consecutive weeks. The

notice shall state when and where the petition was filed and the

time during which exceptions may be filed to the petition. The

court, if it shall find, after hearing, that the conditions

prescribed by this article have been complied with, may grant

the prayer of the petitioners and make a decree accordingly,

but, if the court shall deem further investigation necessary, it

may make such order thereon as to right and justice shall

appertain. The petition and the decree shall be recorded in the

recorder's office of the county, at the expense of the

petitioners, who shall also pay all other expenses and costs in

connection therewith.]

Section 16.  Sections 205 and 206 of the act are amended to

read:

Section 205.  When Borough Government Becomes Effective;

Requisites of Charter.--[When the petition and decree have been

recorded, such] (a)  When both the petition and the final decree

granting the petition have been recorded, the area shall become

an incorporated borough, and shall be entitled to the several

rights, privileges and immunities conferred by this act,

subject, however, to the provisions of section 211 [of this

act].

(b)  The final decree of the court granting the petition

shall constitute the charter of the borough. All charters

granted under this act shall set forth:

(1)  The corporate name of the borough.

(2)  The boundaries of the borough.

Section 206.  Exclusion of Farm [and Unsettled] Lands.--When,

in any petition for the incorporation of a borough, the

boundaries fixed by the petitioners shall embrace lands

exclusively used for the purposes of farming [or other large and

unsettled lands], the court may, if it deems such land does not

properly belong to the proposed borough, at the request of any

party aggrieved, change the boundaries so as to exclude

therefrom the land used for farming [or such other purposes].

Section 17.  Section 207 of the act is reenacted to read:

Section 207.  Corporate Name.--The corporate name of

boroughs, incorporated under this act, shall be "The Borough

of...................."

Section 18.  Section 208 of the act is repealed:

[Section 208.  Requisites of Charter.--The decree of the

court shall constitute the charter of the borough. All charters

granted under this act shall set forth:

(1)  The corporate name of the borough.

(2)  The boundaries thereof.]