1Amending Titles 8 (Boroughs and Incorporated Towns) and 44 (Law
2and Justice) of the Pennsylvania Consolidated Statutes,
3consolidating The Borough Code; making revisions concerning
4definitions, applications, certificates, eligibility,
5collection of taxes, appointments and incompatible offices,
6council's powers, specific powers, preparation of plans and
7specifications and contracts, assessments, removal of elected 
8official and appointee, recreation board and authority,
9ordinances and resolutions; making an editorial change; and
10making a related repeal.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Title 8 of the Pennsylvania Consolidated Statutes
14is amended by adding a part to read:

15PART I

16BOROUGHS

17Chapter

181. Preliminary Provisions

192. Creation and Alteration

203. Annulment of Charters and Change of Corporate Names
21(Reserved)

14. Change of Limits (Reserved)

25. Boundaries

36. Wards

47. Associations and Organizations

58. Elections of Officers

69. Vacancies in Office

710. Powers and Duties of Elected Officials

810A. Mayor

911. Powers, Duties and Rights of Appointed Officers and
10Employees

1112. Corporate Powers

1213. Taxation and Finance

1314. Contracts

1415. Eminent Domain, Assessment of Damages and Damages for
15Injury to Property

1616. Land Subdivision (Reserved)

1717. Streets

1818. Sidewalks

1919. Bridges, Viaducts and Underground Passageways

2020. Sanitary Sewers

2121. Collection by Installment of Street and Sewer
22Assessments (Reserved)

2321A. Assessments and Charges for Public Improvements

2422. Storm Sewers and Watercourses

2523. Underground Conduits (Reserved)

2624. Water System

2724A. Manufacture and Supply of Electricity

2825. (Reserved)

2925A. Airports

3026. Wharves and Docks

127. Recreation Places, Shade Trees and Forests

228. Cemeteries

329. Licenses and License Fees

429A. Veterans' Affairs

530. Real Estate Registry (Reserved)

631. Health and Sanitation

732. Zoning (Reserved)

832A. Uniform Construction Code, Property Maintenance Code
9and Reserved Powers

1033. Ordinances

1134. Actions By and Against Boroughs (Reserved)

1235. Acts of Assembly Repealed and Saving Clause

13CHAPTER 1

14PRELIMINARY PROVISIONS

15Sec.

16101. Short title of part.

17101.1. Definitions.

18102. Excluded provisions.

19103. Construction of part.

20104. Constitutional construction.

21105. Construction of references.

22106. Application.

23107. Acceptance.

24107.1. Acceptance by incorporated towns.

25108. (Reserved).

26109. Publication of notices.

27110. Terms of existing officers.

28§ 101. Short title of part.

29This part shall be known and may be cited as the Borough
30Code.

1§ 101.1. Definitions.

2The following words and phrases when used in this part shall
3have the meanings given to them in this section unless the
4context clearly indicates otherwise:

5"Abutting property" or "abutting real estate." In reference
6to any street, the term shall mean any property physically
7adjoining the street, regardless of what the reversion rights in
8the street may be and regardless of where the lot lines may be
9in relation to the street.

10"Council." A borough council.

11"Highway." A State highway of this Commonwealth.

12"Latest official census." The later of any of the following:

13(1) The most recent Federal decennial census.

14(2) A census conducted later in time than the census
15under paragraph (1) by the United States Census Bureau.

16"Municipal corporation." A city, borough, incorporated town,
17township of the first or second class or any home rule
18municipality other than a county.

19"Municipality." A municipal corporation or a county.

20"Pennsylvania Construction Code." The act of November 10,
211999 (P.L.491, No.45), known as the Pennsylvania Construction
22Code Act.

23"Pennsylvania Municipalities Planning Code." The act of July
2431, 1968 (P.L.805, No.247), known as the Pennsylvania
25Municipalities Planning Code.

26"Street." Any street, road, lane, court, cul-de-sac, alley,
27public way and public square.

28§ 102. Excluded provisions.

29This part shall not include any provisions and shall not be
30construed to repeal any acts relating to:

1(1) The assessment and valuation of property and persons
2for the purpose of taxation and the collection of taxes,
3except as provided in this part.

4(2) The collection of municipal claims by liens.

5(3) The method of incurring or increasing indebtedness.

6(4) Conduct of elections.

7(5) Public schools.

8(6) The powers and duties of borough and ward
9constables.

10(7) Magisterial district judges.

11(8) The giving of municipal consent to public utilities.

12(9) State highways.

13(10) Validations of elections, bonds, ordinances and
14acts of corporate officers.

15(11) 18 Pa.C.S. (relating to crimes and offenses).

16(12) 75 Pa.C.S. (relating to vehicles).

17§ 103. Construction of part.

18(a) Continuation.--The following shall apply:

19(1) The provisions of this part that are the same as
20those of laws existing on January 1, 1966, are intended as a
21continuation of laws existing on January 1, 1966, and not as
22new enactments.

23(2) The repeal by this part of any act or part of an act
24shall not revive any act or part repealed or superseded nor
25affect the corporate existence of any incorporated borough.

26(3) The provisions of this part shall not affect any of
27the following:

28(i) Any act done, liability incurred or right
29accrued or vested.

30(ii) Any suit or prosecution pending or to be

1instituted to enforce any right or penalty or punish any
2offense under the authority of the repealed laws.

3(4) All ordinances, resolutions, regulations and rules
4made under any act repealed under this part shall continue
5with the same force and effect as if the act had not been
6repealed to the extent that the ordinances, resolutions,
7regulations and rules could have been made under this part.

8(5) Any individual holding office under any act repealed
9by this part shall continue to hold office until the
10expiration of the term, subject to the conditions attached to
11the office prior to January 1, 1966.

12(b) Powers and duties.--Borough council shall have the
13corporate powers and duties and borough officials shall have the
14powers and duties under this part and as provided in other laws
15to the extent that the powers and duties are not repealed under
16this part.

17§ 104. Constitutional construction.

18The provisions of this part are severable. If any provision
19of this part or its application to any person or circumstance is
20held invalid, the invalidity shall not affect other provisions
21or applications of this part which can be given effect without
22the invalid provision or application.

23§ 105. Construction of references.

24If reference is made in this part to any act, the reference 
25shall apply to and include any codification in which the 
26provisions of the act referred to are substantially reenacted.

27§ 106. Application.

28(a) General.--This part shall apply to all boroughs.

29(b) Prior acts.--This part shall not annul or repeal any
30local or special act or part of a local or special act in force

1on January 1, 1966.

2(c) Local law.--The following shall apply:

3(1) The provisions of this part similar to the
4provisions of the former act of May 14, 1915 (P.L.312,
5No.192), entitled "An act providing a system of government
6for boroughs, and revising, amending, and consolidating the
7law relating to boroughs," shall apply to boroughs
8incorporated under local laws in the same manner as similar
9provisions of the former act of May 4, 1927 (P.L.519,
10No.336), entitled "An act concerning boroughs, and revising,
11amending and consolidating the law relating to boroughs,"
12were extended to boroughs acting under local laws.

13(2) If a provision of this part conflicts with a special
14or local law applicable to a borough that has not been
15surrendered, the provisions shall be construed so that effect
16may be given to both. If the conflict between the provisions
17is irreconcilable, the provision in the local or special law
18shall prevail.

19§ 107. Acceptance.

20(a) Petition.--The following shall apply:

21(1) A borough incorporated or acting under any local or
22special act may surrender the provisions of its special and
23local acts in their entirety or as they are inconsistent with
24this part and be governed by this part by presenting a
25petition to the court of common pleas of the county setting
26forth the desire of the borough to accept the provisions of
27this part.

28(2) The petition under paragraph (1) shall indicate
29whether it is the desire of the borough to surrender all of
30its special and local acts or to retain its special and local

1acts that are not inconsistent with this part.

2(3) If the petition indicates a desire to retain local
3or special acts, it shall indicate the local or special acts
4to be retained. The petition shall be made by the council or
5by at least 10% of the registered electors of the borough as
6of the date the petition is filed.

7(b) Hearing.--The following shall apply:

8(1) Upon the presentation of a petition under subsection
9(a), the court shall set and provide notice of a hearing
10date. An inhabitant of the borough may remonstrate against
11the granting of the petition at the hearing.

12(2) If the court grants the petition, the decree of the
13court shall be recorded in the office for the recording of
14deeds, and the borough shall be subject to this part and any
15local or special acts retained as set forth in the petition.
16On and after the date of the decree, any local or special act
17applicable to the borough shall no longer apply to the
18borough if it is inconsistent with this part or has been
19surrendered.

20(c) Force and effect.--If a borough accepts this part under 
21this section, all of the following shall continue with the same
22force and effect as if no acceptance had been made:

23(1) Liabilities incurred.

24(2) Rights accrued or vested.

25(3) Obligations issued or contracted.

26(4) Suits and prosecutions pending or to be instituted
27to enforce any right or penalty accrued or to punish any
28offense committed prior to the acceptance.

29(5) Ordinances.

30§ 107.1. Acceptance by incorporated towns.

1(a) Partial acceptance.--The following shall apply:

2(1) An incorporated town incorporated or acting under a
3local or special act may, by ordinance, elect to be governed
4by the provisions of this part and shall surrender any
5provisions of its special and local acts that are
6inconsistent with this part adopted by the incorporated town.

7(2) An ordinance under paragraph (1) shall indicate the
8provisions of this part to be adopted and, if applicable, the
9provisions of the incorporated town's special and local acts
10to be surrendered.

11(3) On and after the effective date of the ordinance and
12until the ordinance may be repealed or amended, the
13provisions of this part indicated in the ordinance shall be
14the law applicable to the incorporated town, and the
15provisions of any local or special acts, to the extent
16surrendered as indicated in the ordinance, shall not apply to
17the incorporated town.

18(b) Full acceptance.--An incorporated town incorporated or
19acting under any local or special act may elect to accept this 
20part in its entirety and surrender all local and special acts by
21petition as set forth in section 107 (relating to acceptance).
22If an incorporated town accepts this part in its entirety and
23surrenders all local and special acts, the incorporated town
24shall become a borough, and the decree of the court permitting
25the acceptance shall indicate the name of the new borough.

26(c) Force and effect.--The following shall apply:

27(1) If an incorporated town accepts this part under this
28section, all of the following shall continue with the same
29force and effect as if no acceptance had been made:

30(i) Liabilities incurred.

1(ii) Rights accrued or vested.

2(iii) Obligations issued or contracted.

3(iv) Suits and prosecutions pending or to be
4instituted to enforce any right or penalty accrued or
5punish any offense committed prior to acceptance.

6(v) Ordinances.

7(2) An incorporated town shall not have the power to
8alter or amend any provision of this part that has been
9adopted in accordance with this section or section 107.

10§ 108. (Reserved).

11§ 109. Publication of notices.

12(a) Newspaper of general circulation.--If in this part
13notice is required to be given in one newspaper of general
14circulation, the notice shall be published in one of the
15following:

16(1) A newspaper of general circulation as defined in 45
17Pa.C.S. § 101 (relating to definitions) which is published
18and circulated in each borough affected.

19(2) A newspaper of general circulation, circulated in
20each borough affected, which has a bona fide paid circulation
21equal to or greater than any newspaper published in each
22borough affected by the notice.

23(b) Legal newspaper.--Unless dispensed with by special order
24of court, the notice required to be published in a newspaper of
25general circulation shall also be published in the legal
26newspaper for the county of the borough affected, if the notice
27refers to any of the following:

28(1) Any proceeding in any court.

29(2) The holding of elections for the increase of
30indebtedness or the sale of bonds.

1§ 110. Terms of existing officers.

2This part shall not be construed as affecting or terminating
3the term of any officer of a borough holding office on January
41, 1966.

5CHAPTER 2

6CREATION AND ALTERATION

7Subchapter

8A. Incorporation

9B. Consolidation (Reserved)

10C. Creation From Cities of the Third Class

11D. Consolidation or Merger and Change of Corporate Name

12SUBCHAPTER A

13INCORPORATION

14Sec.

15200. Definitions.

16201. Contiguous areas.

17202. Applications.

18202.1. Borough advisory committee.

19202.2. Advisability of incorporation, certification of question
20for referendum and decree.

21203. (Reserved).

22204. (Reserved).

23205. Borough government and requisites of charter.

24206. Farmlands.

25207. Corporate name.

26208. (Reserved).

27209. (Reserved).

28210. Certificates.

29211. Temporary preservation, organization and election of
30officers.

1212. Boundaries.

2213. Adjustment of indebtedness.

3214. Judicial adjustment.

4215. Judicial adjustment award proceedings.

5216. Exceptions.

6217. Compensation, expenses and costs.

7218. Territory located in multiple counties.

8219. Bond issues and taxation.

9§ 200. Definitions.

10The following words and phrases when used in this subchapter
11shall have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Committee." A borough advisory committee.

14"Freeholder." A person enjoying a continuous right of
15ownership and possession of real property for an indeterminate
16period by fee simple or life estate.

17"Township." A township of the second class.

18§ 201. Contiguous areas.

19A court of common pleas may incorporate as a borough any
20contiguous area from one or more townships within the court's
21jurisdiction having a population of at least 500 residents.
22After having been incorporated as a borough, the area shall be a
23body corporate and politic and shall have the name decreed by
24the court.

25§ 202. Applications.

26(a) Petition.--The following shall apply:

27(1) The application for incorporation shall be by a
28petition signed by a majority of the freeholders residing
29within the limits of the proposed borough and by the
30freeholders of a majority of the territory within the limits

1of the proposed borough, if all parts of the proposed borough
2are in the same township.

3(2) If portions of the proposed borough are in different
4townships, the petition shall be signed by a majority of the
5freeholders residing in each of the separate portions and by
6the freeholders of a majority of the territory in each of the
7separate portions. The following shall apply:

8(i) The signatures must be secured within three
9months immediately preceding the presentation of the
10signatures to the court.

11(ii) The petition shall be subscribed by and sworn
12to by at least one of the signers.

13(iii) The number of signers required to sign the
14petition shall be ascertained as of the date the petition
15was presented to court.

16(b) (Reserved).

17(c) (Reserved).

18(d) (Reserved).

19(e) Filing and notice.--Upon presentation to the court, a
20petition shall be filed with the clerk of court, and notice of
21the petition shall be published under section 109 (relating to
22publication of notices) once a week for four consecutive weeks
23immediately following the filing of the petition, during which
24time exceptions may be filed to the petition by any person
25interested. The notice shall state when and where the petition
26was filed and the time during which exceptions may be filed to
27the petition.

28(f) Contents of petition.--The petition under subsection (e)
29shall indicate the name of the proposed borough with a
30particular description of the boundaries of the borough and be

1accompanied with a plot of the proposed borough. The following
2shall apply:

3(1) If the boundaries of the proposed borough are not
4the same as an existing township the description shall
5contain the courses and distances of the boundaries.

6(2) If the boundaries of the proposed borough are the
7same as an existing township, the description:

8(i) may contain the courses and distances of the
9boundaries; and

10(ii) shall refer to the name and location of the
11existing township.

12§ 202.1. Borough advisory committee.

13(a) Establishment.--The court shall establish a borough
14advisory committee when a petition is received by the court for
15the creation of a borough. The following shall apply to
16committee members:

17(1) Members shall be appointed by and shall serve at the
18pleasure of the court.

19(2) The committee shall consist of the following:

20(i) Two residents of the proposed borough.

21(ii) Two residents from each of the existing
22townships recommended by the respective governing body of
23the township who are not residing within the proposed
24borough.

25(iii) One resident of the county not residing in any
26area under subparagraphs (i) and (ii) who shall serve as
27the chair of the committee.

28(3) Members shall serve without salary. The court may
29entitle each member to reimbursement for the member's actual
30and necessary expenses incurred in the performance of the

1member's official duties.

2(4) Members may consult with the director of the county
3planning commission who may advise the committee.

4(b) Duties.--The committee shall, within 60 days of its
5creation, advise the court in relation to the establishment of
6the proposed borough. The committee shall render expert advice
7and findings of fact relating to the desirability of an
8incorporation, including advice as to:

9(1) The proposed borough's ability to obtain or provide
10adequate and reasonable community support services such as
11police protection, fire protection and other appropriate
12community facility services.

13(2) Whether the proposed borough constitutes a
14harmonious whole with common interests and needs that can
15best be served by a borough government. In examining this
16factor, the committee shall consider whether the proposed
17borough represents a distinct community with features
18different from those of the existing township.

19(3) The existing and potential commercial, residential
20and industrial development of the proposed borough.

21(4) Whether the proposed borough would provide for land
22use regulations to meet the legitimate needs for all
23categories of residents or whether the plan is exclusionary
24or would result in economic segregation.

25(5) The financial or tax effect on the proposed borough
26and existing township.

27§ 202.2. Advisability of incorporation, certification of
28question for referendum and decree.

29(a) Process.--After receiving the findings-of-fact and the
30advice of the committee, the court shall conduct a hearing. If,

1after the hearing, the court deems further investigation
2necessary to determine the advisability of incorporation, it may
3issue an order to obtain the additional information. When the
4court has obtained all reasonably necessary information and has
5determined that the conditions required under this section have
6been met, the court shall determine the desirability of the
7proposed incorporation based upon the following:

8(1) The evidence submitted at the hearing and by the
9committee.

10(2) Any additional information obtained after the
11hearing.

12(3) Any other applicable factors the court deems
13relevant.

14(b) Determination.--If the court determines that the
15desirability of the proposed incorporation is not supported by a
16preponderance of the evidence, the court shall enter a final
17decree denying the request of the petitioners and no other
18proceedings may be held. If the court determines that the
19desirability of the proposed incorporation is supported by a
20preponderance of the evidence, the court shall certify the
21question of the proposed incorporation to the board of election
22of the county for a referendum vote of the residents of the
23proposed borough. Upon receipt of the certified election
24results, the court shall enter a final decree granting or
25denying the request of the petitioners.

26(c) Expenses.--The petition and the final decree granting or
27denying the petition shall be recorded in the recorder of deeds
28office of the county at the expense of the petitioners. The
29petitioners shall pay all other expenses and costs in connection
30with the proceedings.

1§ 203. (Reserved).

2§ 204. (Reserved).

3§ 205. Borough government and requisites of charter.

4(a) Time.--When the petition and the final decree granting
5the petition have been recorded, the area shall become an
6incorporated borough and shall be entitled to the rights,
7privileges and immunities conferred under this part, except as
8provided under section 211 (relating to temporary preservation, 
9organization and election of officers).

10(b) Charter.--The final decree of the court granting the
11petition shall constitute the charter of the borough. All
12charters granted under this part shall include:

13(1) The corporate name of the borough.

14(2) The boundaries of the borough.

15§ 206. Farmlands.

16If, in any petition for the incorporation of a borough, the
17boundaries fixed by the petitioners embrace lands exclusively
18used for the purposes of farming, the court may, if it deems the
19land does not properly belong to the proposed borough and at the
20request of any party aggrieved, change the boundaries to exclude
21the land used for farming.

22§ 207. Corporate name.

23The corporate name of a borough incorporated under this part
24shall be "The Borough of ."

25§ 208. (Reserved).

26§ 209. (Reserved).

27§ 210. Certificates.

28(a) Decree.--When a borough is created, the clerk of courts 
29in each county affected shall, within 30 days of the creation,
30certify to the Department of State, the Department of

1Transportation, the Department of Community and Economic
2Development and the county planning commission a copy of the
3decree of court incorporating the borough. The clerk may impose
4a fee of $3.50 as part of the costs of the proceeding for the
5services under this subsection.

6(b) Penalty.--Any clerk of the court who fails, neglects or
7refuses to furnish the certifications as provided under this
8part commits a summary offense and shall pay a fine of not more
9than $50.

10§ 211. Temporary preservation, organization and election of
11officers.

12(a) Government.--The following shall apply:

13(1) A newly incorporated area under section 201
14(relating to contiguous areas) shall continue to be governed
15as before the incorporation until the first Monday of January
16following the municipal election after the issuance of the
17final decree establishing the new borough.

18(2) After a newly incorporated area is no longer
19governed as before the incorporation under paragraph (1), the
20officers of the borough who are elected, under section 805
21(relating to election after creation), at the municipal or
22special election shall begin their terms of office, and the
23borough government shall be considered to be duly organized
24under this part.

25(b) Election.--Borough officers shall be elected at:

26(1) the next municipal election occurring at least 90
27days following the issuance of the decree establishing the
28borough; or

29(2) at the request of the petitioners, a special
30election called by the court of common pleas.

1(c) Special election.--If a special election is held under
2subsection (b)(2), the court shall do all of the following:

3(1) Fix the time, place and manner of holding the
4special election.

5(2) Designate an individual to give notice of the
6special election and the manner of the special election.

7(3) Appoint from among the electors of the newly
8established borough a judge and inspectors to hold the
9election.

10(d) Terms.--The following shall apply:

11(1) Municipal officers elected at a special election
12held under subsection (c) shall serve until the first Monday
13in January following the next succeeding municipal election.

14(2) The successors of municipal officers under paragraph
15(1) shall be elected as provided under section 805 and shall
16take office upon completion of municipal officer's service
17under paragraph (1).

18§ 212. Boundaries.

19The boundaries of the borough shall, as soon as practicable
20after its incorporation, be appropriately marked. Prior to
21marking the boundaries, notice shall be provided, as directed by
22the court, to the governing bodies of adjoining municipal
23corporations.

24§ 213. Adjustment of indebtedness.

25(a) Property.--The following shall apply:

26(1) After the election of a council under section 211
27(relating to temporary preservation, organization and
28election of officers) when a borough is newly incorporated,
29the council and the governing body of the township from which
30the borough was created shall make an equitable adjustment

1and apportionment of all the public real and personal
2property owned by the township at the time of the
3incorporation of the borough.

4(2) Except as provided under paragraph (3), the property
5under paragraph (1) shall include funds and indebtedness.

6(3) If adjusting property and indebtedness under
7paragraph (1), streets, sewers and utilities may not be
8considered except to the extent that current and unpaid
9indebtedness was incurred for the construction and
10improvement of the property.

11(b) Proportion.--In making the adjustment and apportionment
12under subsection (a), the following shall apply:

13(1) The borough shall be entitled to a division of the
14property and indebtedness in the same proportion that the
15assessed valuation of the taxable real estate included within
16the territorial limits of the newly incorporated borough
17bears to the assessed valuation of the taxable real estate in
18the entire township immediately prior to the incorporation of
19the borough. The township shall be entitled to the remainder
20of the property and indebtedness.

21(2) If indebtedness was incurred by the township for an
22improvement located wholly within the territorial limits of
23the newly incorporated borough, the indebtedness shall be
24assumed by the borough.

25(3) If only part of the improvement is located within
26the newly incorporated borough, the part of the indebtedness
27representing the part of the improvement located within the
28borough shall be assumed by the borough, and the adjustment
29and apportionment of any remaining debt shall be retained by
30the township.

1(c) Form.--The adjustment and apportionment made under this
2section must meet all of the following:

3(1) Be in writing and duly executed and acknowledged by
4the secretary or clerk of the township and the secretary of
5the borough.

6(2) Be filed in the office of the clerk of the court of
7common pleas of the county.

8(3) Be filed as a copy with the Department of Community
9and Economic Development.

10§ 214. Judicial adjustment.

11(a) Petition.--If the governing bodies of the township and
12the borough cannot make an amicable adjustment and apportionment
13of the property and indebtedness within six months after the
14government of the newly incorporated borough is established, the
15supervisors of the township or the council of the borough may
16present a petition to the court of common pleas requesting a
17judicial adjustment.

18(b) Appointment.--After receiving a petition under
19subsection (a), the court shall appoint three disinterested
20commissioners who meet all of the following requirements:

21(1) Are residents and taxpayers of the county.

22(2) Are not residents of or own real estate in the
23township or borough.

24(c) Report.--The individuals appointed under subsection (b)
25shall hold a hearing and make a report to the court containing
26an adjustment and apportionment of all the property and the
27indebtedness between the township and the borough. Notice shall
28be made to the township and borough as provided by the court.
29The report shall state the amount due and payable from the
30borough or the township to the other entity and the amount of

1indebtedness that shall be assumed by the borough or the
2township.

3§ 215. Judicial adjustment award proceedings.

4(a) Notice.--The commissioners shall give the township and
5the borough at least five days' notice of the filing of the
6report under section 214(c) (relating to judicial adjustment).

7(b) Exceptions.--Unless exceptions are filed to the report
8within 30 days after the date of the filing, the report shall be
9confirmed by the court.

10(c) Effect.--The following shall apply:

11(1) Any sum awarded by the report to the township or
12borough shall be a legal and valid claim in its favor against
13the borough or township charged with the sum.

14(2) Any real or personal property given to the township
15or borough shall become its respective property.

16(3) Any claim or indebtedness charged against the
17borough or township may be collected from the borough or the
18township.

19§ 216. Exceptions.

20If exceptions are filed to the report under section 214(c)
21(relating to judicial adjustment), the court shall dispose of
22the exceptions and shall enter its decree confirming or
23modifying the award.

24§ 217. Compensation, expenses and costs.

25The commissioners under section 214(b) (relating to judicial
26adjustment) shall receive compensation and expenses for their
27services as provided by the court. The costs of the proceedings,
28including the compensation and expenses of the commissioners,
29shall be apportioned by the court between the borough and
30township.

1§ 218. Territory located in multiple counties.

2If territory included within the limits of a newly
3incorporated borough is located in at least two counties, the
4court of common pleas of the county where the larger part of the
5territory of the borough is located shall have exclusive
6jurisdiction over the proceedings to adjust and apportion the
7indebtedness between the borough and township.

8§ 219. Bond issues and taxation.

9In any proceeding to adjust and apportion indebtedness, the
10township or the borough shall have power to issue and deliver to
11the borough or township interest-bearing bonds in liquidation of
12the indebtedness ascertained, to be its proportionate share
13payable, if the bonds are acceptable to the borough or township
14or townships entitled to receive the bonds. The court may make
15necessary orders for the collection and payment by the township
16or townships or borough of the amount needed to pay its share of
17any indebtedness apportioned to it by special taxes to be
18collected in one year, or by annual installments.

19SUBCHAPTER B

20CONSOLIDATION

21(Reserved)

22SUBCHAPTER C

23CREATION FROM CITIES OF THE THIRD CLASS

24Sec.

25231. Procedure.

26232. Filing, notice and return.

27233. Borough government.

28234. Effect.

29235. Costs and expenses.

30§ 231. Procedure.

1(a) Petition.--The court of common pleas shall, upon
2petition of at least 10% of the registered electors of any city
3of the third class, order an election to be held at the next
4general, municipal or primary election occurring at least 90
5days after the presentation of the petition.

6(b) Vote.--The electors shall, at the election under
7subsection (a), vote for or against the change of the charter of
8the city to a borough charter and the adoption of the borough
9form of government.

10(c) Contents.--A petition under subsection (a) shall
11indicate all of the following:

12(1) The inhabitants of the city desire to do all of the
13following:

14(i) Change the charter of the city to a borough
15charter.

16(ii) Be governed by the laws of the Commonwealth
17relating to boroughs.

18(2) The city has had a city form of government for a
19period of at least five years.

20(3) The name of the proposed borough.

21(d) Required electors.--The number of registered electors
22required to sign the petition shall be determined as of the date
23the petition is filed.

24§ 232. Filing, notice and return.

25(a) Filing.--Upon presentation of a petition under section
26231 (relating to procedure), the court shall determine whether
27the petition meets the requirements under section 231. If the
28requirements are met, the court shall:

29(1) Enter an appropriate order requiring an election.

30(2) Direct that the petition shall be filed with the

1clerk of the court and that a copy of the petition and order
2of court shall be filed with the county board of elections.

3(b) Notice.--Notice of the time and purpose of the election
4under subsection (a) shall be given in at least one newspaper of
5general circulation of the proper county once a week for four
6consecutive weeks. The publication of the notice shall be made
7on behalf of the petitioners and shall be in the form approved
8by the court.

9(c) Return.--The following shall apply:

10(1) The county board of elections shall frame the proper
11question to be submitted to the electors at the election
12ordered by the court.

13(2) The county board of elections shall make a return of
14the vote cast on the question submitted to the clerk of the
15court of common pleas. The return shall be filed with the
16petition.

17(3) If a majority of those voting on the question
18submitted were in favor of the change of the city charter to
19a borough charter, the court shall order that the record of
20the proceedings be recorded in the office for the recording
21of deeds of the county, and the record shall constitute the
22charter of the borough under the name provided in the
23petition. The recorder of deeds in each county affected shall
24certify to the Department of State, the Department of
25Transportation, the Department of Community and Economic
26Development and the county planning commission a copy of the
27record constituting the charter of the borough.

28(4) If a majority of those voting on the question
29submitted were against the change of the city charter to a
30borough charter, the same question may not be submitted for a

1period of five years following the election.

2§ 233. Borough government.

3(a) City.--When the record of the proceedings under section
4232 (relating to filing, notice and return) is recorded, the
5city form of government shall continue in operation until the
6first Monday of January after the first municipal election,
7occurring at least 90 days after the recording of the record.

8(b) Borough.--After the city form of government is no longer
9in operation under subsection (a), the borough government shall
10be organized by the officers elected at the municipal election
11in accordance with section 805 (relating to election after
12creation).

13§ 234. Effect.

14(a) Property.--When the borough government is formed, the
15property and assets of the city shall become the property of the
16borough, and the change of government shall not do any of the
17following:

18(1) Affect any of the following:

19(i) Liabilities incurred.

20(ii) Rights accrued or vested.

21(iii) Obligations issued or contracted.

22(iv) Suits or prosecutions pending or instituted to
23enforce any right or penalty accrued.

24(2) Punish any offense committed prior to the formation.

25(b) Ordinances.--Ordinances of the former city shall
26continue in force in the new borough until altered or repealed.

27(c) Wards and districts.--Wards and election districts of
28the city shall become the wards and election districts of the
29borough until altered or changed. In the election of members of
30council from the several wards, two members of council shall be

1elected from each ward, unless changed as provided by law.

2(d) Office.--All constables and election officers in office
3in the city at the time the borough government is organized
4shall remain in office until the expiration of their respective
5terms of office.

6§ 235. Costs and expenses.

7(a) Petitioners.--Except as provided under subsection (b),
8the costs and expenses of proceedings to change the charter of a
9city to a borough, including all costs of advertising, shall be
10paid by the petitioners.

11(b) Exception.--If the vote of electors to change the
12charter of a city to a borough is in favor of the change, the
13cost and expenses under subsection (a) shall be paid by the
14city.

15SUBCHAPTER D

16CONSOLIDATION OR MERGER AND

17CHANGE OF CORPORATE NAME

18Sec.

19241. Consolidation or merger.

20242. Change of corporate name.

21§ 241. Consolidation or merger.

22A borough may be merged or consolidated into a new or
23existing municipal corporation in accordance with 53 Pa.C.S. Ch.
247 Subch. C (relating to consolidation and merger).

25§ 242. Change of corporate name.

26(a) General rule.--The following shall apply:

27(1) If the corporate name of a borough differs from the
28name of the borough in general usage or from the post office
29designation due to minor discrepancies in spelling,
30capitalization or the manner of compounding the elements of

1the name, the court of common pleas, upon petition, may
2change the name of the borough to conform to the name in
3general usage or to the post office designation.

4(2) The petition under paragraph (1) may be presented by
5any of the following:

6(i) Council, pursuant to a resolution.

7(ii) At least 5% of the registered electors of the
8borough.

9(b) Petition.--The following shall apply:

10(1) Upon the presentation of a petition under subsection
11(a), the court shall set and provide notice of a hearing
12date. An inhabitant of the borough may remonstrate against
13the granting of the petition at the hearing.

14(2) If the court grants the petition, the decree of the
15court shall be recorded, and the corporate name of the
16borough shall be as provided in the petition from the date of
17recording.

18(c) Dissemination of decree.--The recorder of deeds in each
19county affected shall certify to the Department of State, the
20Department of Transportation, the Department of Community and
21Economic Development and the county planning commission a copy
22of the decree changing the corporate name of the borough.

23(d) Force and effect.--A change of corporate name shall not
24affect any of the following:

25(1) Liabilities incurred.

26(2) Rights accrued or vested.

27(3) Obligations issued or contracted.

28(4) Any suits or prosecutions pending or instituted to
29enforce any right or penalty accrued or to punish any offense
30committed prior to the change.

1CHAPTER 3

2ANNULMENT OF CHARTERS AND

3CHANGE OF CORPORATE NAMES

4(Reserved)

5CHAPTER 4

6CHANGE OF LIMITS

7(Reserved)

8CHAPTER 5

9BOUNDARIES

10Sec.

11501. Stream boundaries.

12502. Petition and establishment of disputed boundaries.

13503. Commissioners and report.

14504. Exceptions and procedure.

15505. Compensation, expenses and costs.

16506. Boundary monuments.

17§ 501. Stream boundaries.

18If a borough is bounded by the nearest margin of a navigable
19stream and the opposite municipal corporation is also bounded by
20the nearest margin of the same stream, the middle of the stream
21shall be the boundary between the borough and the opposite
22municipal corporation. Nothing under this section shall be
23construed to repeal any local or special law contrary to this
24section.

25§ 502. Petition and establishment of disputed boundaries.

26The court of common pleas may, upon presentation of a
27petition, ascertain and establish disputed boundaries between a
28borough and another municipal corporation. If a petition is
29presented, the court may require the petitioners to file a bond
30in a sufficient amount to secure the payment of all costs of the

1proceeding.

2§ 503. Commissioners and report.

3(a) Appointment.--Upon application by petition under section
4502 (relating to petition and establishment of disputed
5boundaries), the court shall appoint three impartial individuals
6as commissioners, one of whom must be a surveyor or registered
7engineer.

8(b) Hearing.--After giving notice to interested parties and
9upon publication of the petition, as directed by the court, the
10commissioners shall hold a hearing and view the disputed lines
11and boundaries.

12(c) Report.--A majority of the commissioners shall issue the
13report and recommendations to the court, accompanied by a plot
14or draft of the lines and boundaries proposed to be ascertained
15and established if the lines and boundaries cannot be fully
16designated by natural lines or boundaries.

17(d) Confirmation.--The court shall confirm the report under
18subsection (c) upon filing and subject to exceptions filed under
19section 504 (relating to exceptions and procedure). The court
20may direct publication of the report and require notice to be
21given by the petitioners to the interested parties.

22§ 504. Exceptions and procedure.

23(a) Filing.--Exceptions to the report under section 503(c)
24(relating to commissioners and report) may be filed within 30
25days after the filing of the report by an interested person or
26political subdivision. The court shall set and provide notice of
27a hearing on the exceptions.

28(b) Hearing.--After a hearing under subsection (a), the
29court may sustain or dismiss the exceptions and confirm the
30report or refer the report back to the same or new commissioners

1with the authority to make another report.

2(c) Decree.--If no exceptions are filed within 30 days after
3the filing of the report, the court shall confirm the report. If
4a report is confirmed, the court shall:

5(1) Enter a decree ascertaining and establishing the
6lines and boundaries as shown in the report.

7(2) Direct publication of the decree under paragraph
8(1).

9§ 505. Compensation, expenses and costs.

10The compensation and expenses of commissioners appointed
11under section 503(a) (relating to commissioners and report)
12shall be in a reasonable amount as approved by the court. The
13court shall, by order, provide how costs and expenses of the
14proceedings, including the furnishing and placing of monuments,
15shall be paid and may assess the costs individually or in
16apportioned amounts against the following:

17(1) The petitioners.

18(2) The borough.

19(3) Any interested municipal corporation.

20§ 506. Boundary monuments.

21The court shall order that a borough line ascertained and
22established under this chapter will be appropriately marked.

23CHAPTER 6

24WARDS

25Sec.

26601. Creation and alteration.

27602. Petition of electors.

28603. Notice of ordinance.

29604. (Reserved).

30605. (Reserved).

1606. Terms of officers.

2606.1. Construction of chapter.

3607. (Reserved).

4§ 601. Creation and alteration.

5(a) Council.--In addition to reapportionment initiated in
6accordance with 53 Pa.C.S. Pt. II Ch. 9 (relating to municipal
7reapportionment) and section 11 of Article IX of the
8Constitution of Pennsylvania, a council may, by ordinance, do
9any of the following:

10(1) Divide boroughs into wards.

11(2) Erect new wards out of two or more adjoining wards
12or parts of wards.

13(3) Consolidate two or more wards into one ward.

14(4) Divide any ward already erected into two or more
15wards.

16(5) Alter the lines of two or more adjoining wards or
17cause the lines or boundaries of wards to be ascertained or
18established.

19(6) Abolish all wards.

20(b) Restrictions.--The following shall apply:

21(1) No borough may be divided or redivided into more
22than 13 wards.

23(2) The following shall apply:

24(i) No ward may be created containing less than 300
25registered electors.

26(ii) Any ward which contains less than 350
27registered electors after December 31, 1965, may be
28abolished, and the territory of the ward shall be
29distributed among the remaining wards as determined by
30council.

1(iii) All wards in existence prior to January 1,
21966, shall remain as established, until altered or
3divided as provided under this chapter.

4(c) Members of council.--If a ward is abolished under this
5section and the number of wards in a borough is reduced to less
6than five, a member of council in an abolished ward shall
7continue in office for his elected term and shall become a
8member of council at large from the borough.

9(d) Composition.--All wards in the borough shall be numbered
10and composed of compact and contiguous territory as nearly equal
11in population as practicable as officially and finally reported
12in the latest official census.

13§ 602. Petition of electors.

14(a) Council.--At least 5% of registered electors of the
15borough or, for a proposal affecting only a portion of the
16borough, at least 5% of the registered electors of the ward
17which would be affected by the proposal may petition council to
18initiate proceedings under section 601 (relating to creation and
19alteration) and may present to council a plot showing the
20boundaries of the proposed wards of the borough. Council shall,
21by motion approved by a majority of council and within 90 days
22of presentment of the petition, determine whether to initiate
23proceedings under section 601.

24(b) Court of common pleas.--If council has not approved a
25motion within 90 days after the presentment of a petition under
26subsection (a), ten registered electors may petition the court
27of common pleas and contest the existing apportionment as
28violating section 601(b) or (d). The proceedings before the
29court shall be conducted in accordance with 53 Pa.C.S. §§ 906
30(relating to contest of reapportionment by governing body) and

1907 (relating to costs and expenses of contest).

2§ 603. Notice of ordinance.

3(a) Requirement.--Notice of an ordinance enacted in
4accordance with section 601 (relating to creation and
5alteration) shall be given by publication once in a newspaper of
6general circulation.

7(b) County board of elections.--A copy of the ordinance,
8along with a plot showing the boundaries of the wards
9established, shall be forwarded to the county board of
10elections.

11§ 604. (Reserved).

12§ 605. (Reserved).

13§ 606. Terms of officers.

14(a) Appointment.--Except as provided under subsection (b),
15if council divides a borough into wards, it shall request the
16court of common pleas to appoint for each ward a judge and two
17inspectors of election to hold elections until the officers of
18the ward may be elected.

19(b) Expiration.--Except as provided under subsection (a),
20officers in office at the time any changes are made under this 
21chapter shall remain in office until the expiration of the terms
22for which they have been elected. If a vacancy occurs, the
23vacancy shall be filled by the council, until the first Monday
24of January next succeeding the election at which the officers
25are to be elected, as provided under Chapter 8 (relating to 
26elections of officers).

27§ 606.1. Construction of chapter.

28Nothing under this chapter shall be construed as affecting
29any of the following:

30(1) The powers and duties of the court of common pleas

1or the county board of elections.

2(2) Restrictions on alteration of election districts as
3provided under Article V of the act of June 3, 1937
4(P.L.1333, No.320), known as the Pennsylvania Election Code.

5§ 607. (Reserved).

6CHAPTER 7

7ASSOCIATIONS AND ORGANIZATIONS

8Sec.

9701. State Association of Boroughs.

10701.1. Authorization and expenses.

11701.2. Compensation.

12702. County and regional associations of boroughs.

13703. Other associations and organizations.

14704. Associations and organizations for mayors.

15705. National or State lodge of police officers.

16§ 701. State Association of Boroughs.

17(a) Organization.--The boroughs of the Commonwealth may
18organize a State Association of Boroughs for the purpose of
19advancing the interests of the boroughs. A borough may join the
20State Association of Boroughs by motion of council and payment
21of the annual dues. Each borough, after becoming a member, shall
22pay reasonable dues as determined by the State Association of
23Boroughs.

24(b) Revenue.--Revenue received by the State Association of
25Boroughs shall be used to pay for services, publications and
26other expenses authorized or ratified by the State Association
27of Boroughs, or incurred on behalf of the State Association of
28Boroughs by its officers and committees.

29§ 701.1. Authorization and expenses.

30(a) Delegates.--Council may, by motion, designate one or

1more delegates from the elected or appointed officers of the
2borough to attend the annual meeting of the State Association of
3Boroughs, which shall be held in this Commonwealth in accordance
4with the procedure adopted by the State Association of Boroughs.

5(b) Nondelegates.--Council may, by motion, designate one or
6more elected or appointed officers or employees of the borough
7to attend the annual meeting of the State Association of
8Boroughs as nondelegates or to attend a conference, educational
9training or committee meeting of the State Association of
10Boroughs.

11(c) Expenses.--The following shall apply:

12(1) In addition to any compensation allowed under
13section 701.2 (relating to compensation), council may, for
14each delegate, elected or appointed officer or employee under
15subsection (a) or (b), pay the following expenses upon
16receipt of an itemized account of expenses:

17(i) The registration fee.

18(ii) Mileage for use of a personal vehicle or
19reimbursement of actual transportation expenses going to
20and returning from the annual meeting, conference,
21educational training or committee meeting of the State
22Association of Boroughs.

23(iii) Any actual expenses that the council may have
24agreed to pay.

25(2) Notwithstanding this subsection, at least one member
26of council shall be allowed the following expenses:

27(i) The registration fee.

28(ii) Lodging, meals, mileage for use of a personal
29vehicle or reimbursement of actual transportation
30expenses going to and returning from the meeting.

1(iii) Any actual expenses that the council may have
2agreed to pay.

3§ 701.2. Compensation.

4(a) Employees.--Council may authorize borough employees,
5including the mayor and members of council if they are employees
6of the borough, to be compensated at their regular employee
7rates during their attendance at the annual meeting or a
8conference, educational training or committee meeting of the
9State Association of Boroughs.

10(b) Nonemployees.--Council may authorize the mayor and any
11council member who is not employed by the borough to receive
12total or partial reimbursement for lost wages or salary,
13including those from self-employment, while attending the annual
14meeting or a conference, educational training or committee
15meeting of the State Association of Boroughs if sufficient
16documentation is presented to council to justify the
17reimbursement.

18(c) Amount.--The maximum time for which a borough employee
19or mayor or council member not employed by the borough shall be
20reimbursed for lost wages or salary while attending the annual
21meeting or a conference, educational training or committee
22meeting of the State Association of Boroughs shall be not more
23than four days, including time spent traveling to and from the
24event.

25(d) Executive members.--The council may authorize a mayor or
26any council member employed by the borough to be compensated at
27the mayor's or council member's regular employee rate and a
28mayor or council member who is not employed by the borough to
29receive total or partial reimbursement for lost wages or salary,
30including those from self-employment, if the mayor or council

1member attends a meeting for which the mayor or council member
2is an officer, a member of the board of directors, a member of
3the executive committee, a member of a standing committee or a
4trustee of the State Association of Boroughs, subject to the
5following which shall include time spent traveling to and from
6the event:

7(1) The compensation of a mayor or council member for
8attending a meeting of a standing committee of the State
9Association of Boroughs shall be limited to two days per year
10of regular employee rate compensation or lost wages or
11salary.

12(2) The compensation of a mayor or council member for
13attending a meeting for which the mayor or council member is
14a trustee for the State Association of Boroughs shall be
15limited to four days per year of regular employee rate
16compensation or lost wages or salary.

17(3) The compensation of a mayor or council member for
18attending a meeting for which the mayor or council member is
19an officer, member of the board of directors or a member of
20the executive committee of the State Association of Boroughs
21shall be limited to 15 days per year of regular employee rate
22compensation or lost wages or salary.

23(4) A mayor or council member identified under paragraph
24(1), (2) or (3) may not be compensated by the borough under
25this subsection if the mayor or council member receives
26compensation from the State Association of Boroughs or a
27board or committee of the State Association of Boroughs for
28attending the meeting.

29§ 702. County and regional associations of boroughs.

30(a) Organization.--The boroughs of any county or of two or

1more adjoining or nearby counties may organize a county or
2regional association of boroughs, composed of elected and
3appointed borough officers in the county, organized for the
4purpose of furthering the interests of the boroughs in the
5county or regional association of boroughs and their
6inhabitants.

7(b) Appropriation.--A borough may annually appropriate no
8more than $100 for the support of the county or regional
9association of boroughs.

10(c) Expenses.--The following shall apply:

11(1) The borough may pay the following expenses of each
12delegate for attendance at a meeting of the county or
13regional association of which the borough is a member:

14(i) The registration fee.

15(ii) Mileage for use of a personal vehicle or
16reimbursement of actual transportation expense going to
17and returning from the meeting.

18(iii) Any actual expenses that the council may have
19agreed to pay.

20(2) Every delegate attending the meeting shall submit to
21the council an itemized account of expenses incurred.

22(d) Compensation.--The council may authorize borough
23employees to be compensated at their regular employee rate
24during their attendance at a meeting of the county or regional
25association. The council solely may authorize the mayor and any
26council member who is not employed by the borough to receive
27total or partial reimbursement for lost wages or salary while
28attending the meeting if sufficient documentation is presented
29to the council to justify the reimbursement.

30(e) Other members.--A county or regional association of

1boroughs may admit representatives of political subdivisions
2other than boroughs within the county as members. Members
3admitted under this subsection shall may not participate in any
4matter of concern solely to boroughs.

5§ 703. Other associations and organizations.

6(a) Authorization.--A borough, by motion of council, may do
7any of the following:

8(1) Join associations and organizations other than
9associations and organizations referred to under this chapter
10concerned with municipal or governmental affairs.

11(2) Pay dues to and appropriate funds for the support of
12and participation in associations and organizations under
13paragraph (1).

14(3) Send delegates to meetings or conferences of
15associations and organizations under paragraph (1).

16(a.1) Compensation and expenses.--The following shall apply:

17(1) In addition to any compensation allowed by law for a
18delegate, the borough may pay the following expenses for each
19delegate under subsection (a)(3):

20(i) The registration fee.

21(ii) Mileage for use of a personal vehicle or
22reimbursement of actual transportation expense going to
23and returning from the meeting or conference.

24(iii) Any expenses that the council may have agreed
25to pay.

26(2) Every delegate under subsection (a)(3) shall submit
27to the council an itemized account of expenses incurred.

28(3) The council may authorize borough employees to be
29compensated at their regular employee rate during their
30attendance at an annual meeting or conference of an

1association or organization under paragraph (1). The time
2spent in attending the meeting or conference may not be more
3than four days, including the time traveling to and from the
4meeting or conference.

5(b) Professional and educational meetings.--A borough may,
6by motion of council, do any of the following:

7(1) Authorize any of its officers and employees to
8attend any of the following:

9(i) Meetings of professional organizations and
10associations.

11(ii) Educational training sessions for individuals
12holding the same or similar office or employment.

13(2) Pay all or a portion of the necessary expenses
14incident to an individual's attendance at meetings or
15sessions under paragraph (1).

16(c) Itemized account.--Every individual attending a
17conference, meeting or educational training session under this
18section shall submit to the council an itemized account of the
19individual's expenses, including traveling expenses or mileage,
20that council may have agreed to pay.

21§ 704. Associations and organizations for mayors.

22(a) Authorization.--A mayor may join a mayors' association,
23and council shall pay reasonable dues of up to $100 for each
24mayor belonging to the mayors' association. The mayor may attend
25the annual meeting of the mayors' association, which shall be
26held in this Commonwealth in accordance with the procedure
27adopted by the mayors' association.

28(b) Expenses.--A mayor may receive the following expenses
29for attending the annual meeting under subsection (a):

30(1) The registration fee.

1(2) Lodging, meals, mileage for use of a personal
2vehicle or reimbursement of actual transportation expense
3going to and returning from the meeting.

4(3) Any actual expenses that the council may have agreed
5to pay.

6(c) Itemized account.--Every mayor attending the annual
7meeting under subsection (a) shall submit to the council an
8itemized account of expenses incurred at the annual meeting of
9the mayors' association. The time spent in attending the annual
10meeting may not be more than four days, including time
11traveling to and from the meeting.

12§ 705. National or State lodge of police officers.

13(a) Authorization.--A council may grant a borough employee
14who is a duly elected representative of a State lodge of police
15officers or a local lodge which is a part of any national or
16State lodge of police officers a leave of absence with pay to
17attend an annual national or State convention or conference of
18the lodge, for a period not to exceed four days, including
19necessary time for travel to and from the convention or
20conference.

21(b) Certification.--An employee receiving time off with pay
22under subsection (a) shall, upon return, submit to the
23employee's immediate superior a certificate testifying to the
24employee's attendance at the convention or conference, signed by
25at least two responsible officers of the convention or
26conference.

27(c) Limitation.--No more than two elected representatives
28who are employees of the same borough may attend a convention or
29conference on behalf of a lodge under this section.

30CHAPTER 8

1ELECTIONS OF OFFICERS

2Subchapter

3A. General Provisions

4B. Members of Council

5C. Mayor (Reserved)

6D. Auditors (Reserved)

7E. Controller (Reserved)

8F. Assessors (Reserved)

9G. Tax Collector (Reserved)

10SUBCHAPTER A

11GENERAL PROVISIONS

12Sec.

13801. Eligibility.

14802. Time and place.

15803. Certificates.

16804. Term and bonds.

17805. Election after creation.

18806. Officers elected.

19§ 801. Eligibility.

20(a) Residency.--The following shall apply:

21(1) Except as provided under subsection (c), only
22registered electors of the borough shall be eligible to
23elective borough offices.

24(2) Before being sworn into office, each elected borough
25officer shall present a signed affidavit to the borough
26secretary that states that the officer resides in the
27borough<-, or within the ward in the case of a ward office,
28from which elected and has resided in the borough
29continuously for at least one year immediately prior to the
30officer's election.

1(b) Incompatible offices.--A school director or a trustee of 
2a charter school may not be elected to an elective borough
3office. No individual may hold more than one elective borough
4office at the same time.

5(c) Exception.--A borough with a population of less than 150
6may permit residents that have not resided in the borough
7continuously for at least one year immediately before the
8election to be eligible to hold office.

9§ 802. Time and place.

10Elections for borough officers shall be at the time and place
11designated by law for the holding of municipal elections.

12§ 803. Certificates.

13Certificates of election of all borough officers shall be
14filed with the borough secretary and preserved among the records
15of the borough for a period of six years.

16§ 804. Term and bonds.

17(a) Terms.--The following shall apply:

18(1) Except as provided under paragraph (2), an
19individual elected to a borough office shall serve for the
20term for which the individual was elected.

21(2) If a vacancy in office occurs, it shall be filled in
22the manner provided under this part.

23(b) Bonds.--The following shall apply:

24(1) Except as provided under paragraph (2), if an
25elected official of a borough is required to give a bond for
26the faithful performance of the elected official's duties,
27the borough may pay the premium for the bond.

28(2) A borough shall pay a proportionate share of the
29cost of a tax collector's bond within the same ratio as the
30amount of borough taxes bears to the total amount of all

1taxes indicated by the tax duplicate to be collected by the
2tax collector during the year preceding the date the premium
3is due.

4§ 805. Election after creation.

5(a) Officers.--The officers of a borough provided for under
6section 806 (relating to officers elected) shall be elected at
7the appropriate municipal election and take office on the first
8Monday of January succeeding the election if any of the
9following occur:

10(1) A borough is incorporated under Subchapter A of
11Chapter 2 (relating to incorporation).

12(2) At least two boroughs are consolidated under 53
13Pa.C.S. Ch. 7 Subch. C (relating to consolidation and
14merger).

15(3) A borough is created from a city of the third class
16under Subchapter C of Chapter 2 (relating to creation from
17cities of the third class).

18(b) Terms.--The following shall apply:

19(1) Except as provided under paragraph (2) and at the
20election under subsection (a), if a borough is not divided
21into wards, the following members shall be elected to
22coincide with the number of members of council elected in
23boroughs existing on January 1, 1966, under section 811
24(relating to election):

25(i) Three or four members of council shall be
26elected for terms of two years each.

27(ii) Three or four members of council shall be 
28elected for terms of four years each.

29(2) One member of council shall be elected from each
30ward for a term of two years and one member of council shall

1be elected from each ward for a term of four years in any of
2the following:

3(i) A consolidation of two or more boroughs into one
4borough.

5(ii) The creation of a borough from a city of the
6third class.

7(iii) If two members of council are to be elected
8from each ward.

9(3) In any borough under subsection (a), three auditors
10shall be elected as follows:

11(i) One for a term of two years.

12(ii) One for a term of four years.

13(iii) One for a term of six years.

14(4) Any officers of a borough not listed under this
15section shall be elected for terms of two or four years to
16coincide with the terms of officers elected under this part 
17in the existing boroughs.

18§ 806. Officers elected.

19(a) Officers.--The electors of the borough may elect:

20(1) A mayor, who shall be elected at municipal elections
21every four years.

22(2) A tax collector, who shall be elected at municipal
23elections every four years and must be a properly qualified
24individual. A magisterial district judge may not hold the
25office of tax collector and the office of magisterial
26district judge at the same time.

27(3) Unless the borough provides for one appointed
28auditor under section 1005(7) (relating to powers of 
29council), three auditors or one controller. The following
30shall apply:

1(i) In boroughs providing for three elected
2auditors, one auditor shall be elected at each municipal
3election for a term of six years.

4(ii) In boroughs providing for one elected
5controller, the controller shall:

6(A) be elected at the municipal election;

7(B) be a competent accountant and a registered
8elector of the borough for at least four years prior
9to the individual's election; and

10(C) serve for a term of four years.

11(4) As follows:

12(i) Except as provided under subparagraph (ii), in
13boroughs not divided into wards, seven members of
14council.

15(ii) In a borough with a population of less than
163,000 as determined by the latest official census, the
17total number of members of council may be reduced from
18seven to five or to three upon petition to the court of
19common pleas, as provided under section 818 (relating to 
20decrease in number of members of council).

21(5) As follows:

22(i) Except as provided under subparagraph (ii), in
23boroughs divided into wards, at least one and not more
24than two members of council in each ward.

25(ii) In boroughs in which prior to January 1, 1966, 
26three members of council were elected in each ward, three
27members of council in each ward unless the number is
28reduced as provided under this part. Members of council
29shall:

30(A) be residents of the ward from which they are

1elected; and

2(B) be chosen by the electors of the ward.

3(b) Terms.--The term of an elected officer under this
4section shall begin the first Monday of January succeeding the
5individual's election.

6SUBCHAPTER B

7MEMBERS OF COUNCIL

8Sec.

9811. Election.

10812. Election of members of council.

11813. Fixing number of members of council.

12814. Increase in number of ward council members.

13815. Decrease of number of ward council members.

14816. Election of members of council where wards abolished.

15817. Vacancies created after a primary election.

16818. Decrease in number of members of council.

17§ 811. Election.

18Biennially, at the municipal election, a sufficient number of
19members of council shall be elected to fill the places of
20members whose terms shall, under this part, expire on the first
21Monday of January following the election. Members elected under
22this section shall serve for a term of four years from the first
23Monday of January succeeding the municipal election.

24§ 812. Election of members of council.

25(a) General rule.--If council, by ordinance, divides any
26borough into wards, erects new wards out of two or more wards or
27parts of wards or divides a ward already erected into two or
28more wards, the ordinance shall provide for the election of an
29equal number of members of council, in each of the wards, in a
30manner as not to interfere with the terms of those previously

1elected.

2(b) Election of members.--The following shall apply:

3(1) If a borough is first divided into wards, the
4ordinance providing for the division shall fix the number of
5members of council in each ward at not more than two. If the
6entire number of council is to be composed of an even number,
7one-half of the entire number must be elected at each
8municipal election. If the entire number of council is to be
9an odd number, the ordinance shall establish two classes and
10provide that one-half of the entire number of members of
11council, less one, shall, as soon as possible, take their
12office in a year divisible by four, and the remaining number
13of members of council shall take their office in an even-
14numbered year not divisible by four.

15(2) The apportionment under paragraph (1) shall be equal
16or as nearly equal as possible representation by wards in
17each class. Biennially, at each municipal election, a
18sufficient number of members of council shall be elected, for
19the term of four years from the first Monday of January
20succeeding the election, to fill the places of those whose
21terms shall expire on the first Monday of January following
22the election.

23§ 813. Fixing number of members of council.

24If, upon the division of a borough into wards or the creation
25of a new ward, the number of members of council cannot be
26equally divided among the wards of the borough, it shall be
27lawful for council to increase the number of council members to
28and not exceeding a number that will enable equal apportionment
29of the members among the several wards of the borough. If a
30borough is first divided into wards, the number of members of

1council provided for a ward may not exceed two.

2§ 814. Increase in number of ward council members.

3Council may, upon petition of at least 5% of the registered
4electors of the borough, increase the number of members of
5council to any number not exceeding two for each ward. The
6sufficiency of the number of signers to the petition shall be
7ascertained as of the date when the petition is presented to
8council.

9§ 815. Decrease of number of ward council members.

10(a) General rule.--If, in any borough divided into wards,
11the council consists of more than seven members, at least 5% of
12the registered electors of the borough shall have the power to
13petition council for a decrease in the number of members of
14council from each ward, except that the council may not consist
15of less than seven members. The purpose of the decrease may be
16to achieve any of the following results:

17(1) A council which is less unwieldy in size.

18(2) A council which is comparable in size to those in
19boroughs not divided into wards.

20(3) A council consisting of an odd number of members
21instead of an even number.

22(4) A reduction in borough expenditures.

23(5) The expedition of the conduct of council meetings.

24(b) Petitions.--A petition under subsection (a) shall
25clearly state whether the petitioners request that the number of
26members of the council to be elected in each ward shall be
27reduced from two to one, or from three to two or one, and the
28reasons why the reduction in number is desired. The petition may
29state whether it is necessary to add a council member or members
30to be elected at large in order to achieve or maintain a council

1consisting of at least seven members or to achieve or maintain a
2council consisting of an odd number of members. The sufficiency
3of the number of signers to the petition shall be ascertained as
4of the date the petition is presented to council.

5(c) Notice.--The council shall give notice of the filing of
6the petition by advertisement in the legal newspaper of the
7county, if one is published in the county, and in one newspaper
8of general circulation, and a day and time for a public meeting.
9After the public meeting council may, by ordinance, decrease the
10number of council members elected from each ward from two to
11one, or from three to two or one, and may also provide for the
12election at large of a member or members of council.

13(d) Terms.--Council shall, if necessary, establish a
14schedule for the subsequent at-large election of council
15members. The schedule may provide that the initial term of one
16or more of the council members subsequently elected at large
17shall be reduced to accommodate a schedule of staggered at-large
18elections to eventually ensure that, as nearly as possible, one-
19half of the members of council elected at large will be elected
20at each municipal election. The following shall apply:

21(1) At each municipal election in the borough, if there
22are two members from each ward, the electors of each ward
23shall elect one council member to hold office for a term of
24four years from the first Monday of January succeeding the
25election.

26(2) At each municipal election in the borough, if there
27is one member from each ward, the electors from each of the
28odd-numbered wards shall, at the first municipal election,
29elect one council member for a term of four years, and the
30electors from each of the even-numbered wards shall elect one

1council member for a term of two years. At each succeeding
2municipal election, the electors of the even-numbered wards
3or odd-numbered wards shall each elect one council member for
4a term of four years to take the place of those whose terms
5are about to expire. The council members shall take office on
6the first Monday of January following their election.

7(e) Reduction.--In a borough where, under this section, the
8number of council members shall be reduced, the council members
9then in office shall remain in office until the end of their
10respective terms.

11§ 816. Election of members of council where wards abolished.

12(a) Abolishing.--If council, by ordinance, abolishes all
13wards in a borough, the ordinance shall provide for the election
14of seven members of council at large for the borough in a manner
15as not to interfere with the terms of those ward members of
16council previously elected. If there were previously:

17(1) Seven members of council, the ordinance shall
18provide that, at the first municipal election, the electors
19shall elect three or four members of council, as the case may
20be, the number to be elected shall be that which, when added
21to the number of members of council already in office whose
22terms are not about to expire, shall bring the membership of
23the council to seven. The newly elected members of council
24shall serve for terms of four years from the first Monday of
25January following the first municipal election, except that,
26in any case where the election of four members of council
27shall be required to bring the membership of council to its
28full complement of seven and only three members of council
29are elected at the municipal election in the other boroughs
30of the Commonwealth not divided into wards, three members of

1council shall be elected for four-year terms and one for a
2two-year term. At every succeeding municipal election, the
3electors shall elect three or four members of council, as the
4case may be, each to serve for a term of four years from the
5first Monday of January following the municipal election.

6(2) Eight or more members of council, the ordinance
7shall provide that, at the first municipal election, the
8electors shall elect a sufficient number of members of
9council that, when added to the number of members of council
10already in office whose terms are not about to expire, will
11bring the membership of the council to seven. The following
12shall apply:

13(i) The newly elected members of council shall serve
14for terms of four years from the first Monday of January
15following the first municipal election. At the second
16municipal election after the effective date of the
17ordinance, the electors shall elect a sufficient number
18of members of council, that, when added to the number of
19members of council elected at the previous municipal
20election, shall bring the membership of council to its
21full complement of seven. Some of the members of council
22elected at the second municipal election shall serve for
23a four-year term following the first Monday of January
24following the municipal election and the remainder shall
25serve for a two-year term, in an amount to bring the
26number to be elected in the borough in succeeding
27municipal elections into conformity with the number
28elected in the other boroughs of the Commonwealth not
29divided into wards.

30(ii) In the third and all subsequent municipal

1elections following the effective date of the ordinance,
2the electors shall elect three or four members of
3council, as the case may be, each to serve for a term of
4four years from the first Monday of January following the
5municipal election.

6(iii) In any borough in which, under the ward system
7of electing members of council, there shall be seven or
8more members of council whose terms shall not expire on
9the first Monday of January following the first municipal
10election after the effective date of the ordinance, no
11members of council shall be elected at the first
12municipal election, and the members of council remaining
13in office shall constitute the council until the first
14Monday of January following the second municipal election
15following the effective date of the ordinance.

16(iv) At the second municipal election, seven members
17of council shall be elected in the borough, some to serve
18for a four-year term of office from the first Monday of
19January following the second municipal election and the
20remainder to serve for a two-year term, in an amount to
21bring the number of members of council to be elected in
22the borough in succeeding elections into conformity with
23the number elected in other boroughs of the Commonwealth
24not divided into wards.

25(v) At the third and all subsequent municipal
26elections following the effective date of the ordinance,
27the electors shall elect three or four members of
28council, as the case may be, each to serve for a term of
29four years from the first Monday of January following the
30subsequent municipal election.

1(3) Six or fewer members of council, the ordinance shall
2provide that, at the first municipal election, the electors
3shall elect a sufficient number of members of council that,
4when added to the number of members of council already in
5office whose terms are not about to expire, shall bring the
6membership of council to its full complement of seven. Of the
7newly elected members of council, either three or four, as
8necessary to bring the number of members of council to be
9elected in the borough in succeeding municipal elections into
10conformity with the number elected in other boroughs of the
11Commonwealth not divided into wards, shall be elected for
12four-year terms of office, beginning the first Monday of
13January following the first municipal election, and the
14balance shall be elected for two-year terms. At the second
15municipal election following the effective date of the
16ordinance and at all subsequent municipal elections, the
17electors shall elect three or four members of council, as the
18case may be, to serve for a term of four years from the first
19Monday of January following the subsequent municipal
20election.

21(b) Vacancies.--At any time following the effective date of
22the ordinance, when a vacancy may occur in the office of a
23member of council originally elected or appointed from a
24particular ward, the individual appointed to fill the vacancy
25shall not be required to be a resident of the area formerly
26comprising the ward but shall be otherwise qualified for office
27as provided in section 801 (relating to eligibility).

28§ 817. Vacancies created after a primary election.

29If a vacancy is created in the office of a member of council
30by any ordinance or decree of court as provided in this

1subchapter after a primary election, it may be filled by
2nomination made by the committee as is authorized by the rules
3of the party to make nominations in the event of vacancies on
4the party ticket.

5§ 818. Decrease in number of members of council.

6(a) Petition by electors.--The court of common pleas may,
7upon petition of at least 5% of the registered electors of any
8borough not divided into wards, which, according to the latest
9official census, had a population of not more than 3,000, reduce
10the total number of members of council for the borough from
11seven to five or to three. The sufficiency of the number of
12signers to the petition shall be ascertained as of the date when
13the petition is presented to court.

14(b) Notice.--The court shall give notice of the filing of
15the petition by advertisement in the legal newspaper of the
16county, if one is published in the county, and in one newspaper
17of general circulation and fix a day and time for hearing. After
18the hearing, the court may decrease the number of members of
19council elected in the borough from seven to five or to three,
20as requested in the petition.

21(c) Number to be elected.--

22(1) At the municipal election following the decrease in
23the number of members of council from seven to five:

24(i) If four members of council would otherwise have
25been elected, three members shall be elected.

26(ii) If three members of council would otherwise
27have been elected, two members shall be elected.

28(2) At the second municipal election following the
29decrease in the number of members of council:

30(i) If four members of council would otherwise have

1been elected, three members shall be elected.

2(ii) If three members of council would otherwise
3have been elected, two members shall be elected.

4(3) At all following municipal elections, the proper
5number of members of council shall be elected to correspond
6to the number of members of council whose terms are to expire
7the first Monday of the following January.

8(d) Election.--

9(1) At the municipal election following the decrease in
10the number of members of council from seven to three:

11(i) If four members of council would otherwise have
12been elected, two members shall be elected.

13(ii) If three members of council would otherwise
14have been elected, one member shall be elected.

15(2) At the second municipal election following the
16decrease in the number of members of council in the borough:

17(i) If four members of council would otherwise have
18been elected, two members shall be elected.

19(ii) If three members of council would otherwise
20have been elected, one member shall be elected.

21(3) At all the following municipal elections, the proper
22number of members of council shall be elected to correspond
23to the number of members of council whose terms are to expire
24the first Monday of the following January.

25(f) Terms.--In any borough in which, under this section, the
26number of members of council shall be reduced, the members of
27council then in office shall remain in office until the end of
28their respective terms. If a borough attains a population in
29excess of 3,000, according to the latest official census, the
30number of members of council shall automatically be increased

1from three or five to seven, following the reverse of the
2procedure set forth in subsection (c) or (d).

3SUBCHAPTER C

4MAYOR

5(Reserved)

6SUBCHAPTER D

7AUDITORS

8(Reserved)

9SUBCHAPTER E

10CONTROLLER

11(Reserved)

12SUBCHAPTER F

13ASSESSORS

14(Reserved)

15SUBCHAPTER G

16TAX COLLECTOR

17(Reserved)

18CHAPTER 9

19VACANCIES IN OFFICE

20Sec.

21901. Filling vacancies in elective borough offices.

22902. Collection of taxes where vacancy in office of tax
23collector not filled.

24903. Right of council to declare seat of member vacant for
25failure to qualify.

26904. (Reserved).

27904.1. Removal of elected official and appointee.

28905. Temporary auditor.

29§ 901. Filling vacancies in elective borough offices.

30(a) Vacancies.--If any vacancy occurs in the office of the

1mayor, member of council, auditor, controller or tax collector,
2by death, resignation <-under subsection (a.1) or termination of
3residency from the borough, or from a ward in the case of a ward
4office, or by failure to take the required oath, to give bond as
5provided by law or ordinance or to provide the affidavit
6required under section 801 (relating to eligibility), or in any
7other manner whatsoever, the council shall fill the vacancy
8within 30 days by appointing, by resolution, a registered
9elector of the borough, or of the ward in case of a ward office,
10to hold the office, if the term continues that long, until the
11first Monday in January after the first municipal election
12occurring more than 60 days after the vacancy occurs, at which
13election an eligible individual shall be elected to the office
14for the remainder of the term. Except as provided in section
15801(c), no individual shall be appointed to fill a vacancy in an
16elected borough or ward office unless the individual has resided
17within the borough, or within the ward in the case of a ward
18office, continuously for at least one year immediately prior to
19the individual's appointment.

<-20(a.1) Vacancy by resignation.--

21(1) A vacancy shall not be created by a resignation
22until the date that the resignation is accepted by a majority
23vote of a quorum of council at a public meeting or the
24effective date of the tendered resignation, whichever is
25later. A council must accept a resignation no later than 45
26days after it has been tendered in writing to council, unless
27it is withdrawn in writing prior to acceptance.

28(2) A resignation which is not accepted as provided
29under paragraph (1) shall be deemed accepted after 45 days.

30(b) Bond.--The individual appointed shall give bond if

1required by law or ordinance. If the individual elected to the
2office fails to give any bond required, to provide the affidavit
3required under section 801 or to take the required oath, the
4council, before making the appointment, shall declare the office
5vacant.

6(c) Unfilled vacancies.--If the council of any borough
7refuses, fails, neglects or is unable, for any reason
8whatsoever, to fill any vacancy within 30 days after the vacancy
9happens, as provided in this section, the vacancy shall be
10filled within 15 additional days by the vacancy board. The
11vacancy board shall consist of the council, exclusive of the
12mayor, and one registered elector of the borough who shall be
13appointed by the council at the council's first meeting each
14calendar year or as soon as practical and who shall act as chair
15of the vacancy board. The vacancy board shall appoint a
16registered elector of the borough, or ward in the case of a ward
17office, to hold the office, if the term continues that long,
18until the first Monday in January after the first municipal
19election occurring more than 60 days after the vacancy occurs,
20at which election an eligible individual shall be elected to the
21office for the remainder of the term.

22(d) Board petition.--If the vacancy is not filled by the
23vacancy board within 15 days, the chair shall, or in the case of
24a vacancy in the chair, the remaining members of the vacancy
25board shall petition the court of common pleas to fill the
26vacancy by the appointment of a registered elector of the
27borough, or ward in the case of a ward, to hold the office, if
28the term continues that long, until the first Monday in January
29after the first municipal election occurring more than 60 days
30after the vacancy occurs, at which election an eligible

1individual shall be elected to the office for the remainder of
2the term.

3(e) Elector petition.--If vacancies exist in more than a
4majority of the offices of council, the court of common pleas
5shall fill the vacancies upon presentation of petition signed by
6not less than 15 registered electors of the borough.

7§ 902. Collection of taxes where vacancy in office of tax
8collector not filled.

9If a vacancy in the office of tax collector exists and no
10registered elector of the borough has, within 30 days, received
11the appointment to fill the vacancy, the county commissioners,
12the council and the board of school directors of the school
13district shall collect the tax for the county, the borough and
14the school district, respectively, through their respective
15treasurers, or for school districts, at the option of the
16district, through their secretaries, and for boroughs, at the
17option of the council, through their secretaries or borough
18managers. Nothing in this section shall prohibit a borough from
19providing for agreements or the joint collection of taxes in
20accordance with <-section sections 4.2 and 4.4 of the act of May
2125, 1945 (P.L.1050, No.394), known as the Local Tax Collection
22Law.

23§ 903. Right of council to declare seat of member vacant for
24failure to qualify.

25If an individual, elected or appointed as a member of council
26and notified of election or appointment refuses or neglects to
27qualify as a member of council within ten days following the
28beginning of the individual's term of office, unless prevented
29by sickness or necessary absence from the borough, the council,
30acting without the individual, may declare the individual's

1office as member of council vacant and may fill the vacancy as
2provided in section 901 (relating to filling vacancies in 
3elective borough offices). For these actions, a majority of the
4remaining members of the council shall constitute a quorum.

5§ 904. (Reserved).

6§ 904.1. Removal of elected official and appointee.

7(a) Rule.--A borough officer who is elected or appointed to
8fill a vacancy in elective office may be removed from office as
9follows:

10(1) By impeachment.

11(2) By the Governor for reasonable cause after notice
12and full hearing on the advice of two-thirds of the Senate.

13(3) On conviction of misbehavior in office or of an
14infamous crime.

15(b) Title.--The title to office of a borough officer under
16subsection (a) may be tried by quo warranto.

17§ 905. Temporary auditor.

18If for any reason two or three vacancies exist in the office
19of borough auditors, the council may temporarily appoint and
20reasonably compensate a qualified individual, who need not be an
21elector of the borough, who shall have all the powers and duties
22of the two or three auditors whose offices are vacated.

23CHAPTER 10

24POWERS AND DUTIES

25OF ELECTED OFFICIALS

26Subchapter

27A. Council

28B. Mayor (Reserved)

29C. Auditors

30D. Controller

1E. (Reserved)

2F. Tax Collector

3SUBCHAPTER A

4COUNCIL

5Sec.

61001. Organization of council, quorum, participation by
7telecommunication device, voting, compensation and
8eligibility.

91002. Oath of members of council.

101003. When the mayor may preside over council and vote,
11attendance of mayor at council meetings and breaking
12tie votes.

131004. Failure of council to organize.

141005. Powers of council.

151006. Duties of council.

161007. (Reserved).

171008. (Reserved).

181009. Typewritten, printed, photocopied, microfilmed and
19electronically or digitally stored records valid and
20recording or transcribing records.

211010. (Reserved).

221011. (Reserved).

231012. (Reserved).

241013. (Reserved).

251014. Hearings before council; witnesses.

261015. Witness fees and mileage.

271016. Examination of witnesses; penalty.

28§ 1001. Organization of council, quorum, participation by
29telecommunication device, voting, compensation and
30eligibility.

1(a) Organization.--The council shall organize on the first
2Monday of January of each even-numbered year by electing one
3member as president and one member as vice-president, who shall
4hold the offices at the pleasure of the council. If the first
5Monday is a legal holiday, the meeting and organization shall
6take place the following day. Any action taken by any council at
7any time between 12:01 a.m. on January 1 of an even-numbered
8year and the organization of council in that year shall be
9subject to reconsideration by the new council at any time within
10ten days after organization. The council may, at the
11organizational meeting, appoint other officers as may be
12provided for by law or ordinance, or as may be deemed necessary
13for the conduct of affairs of the borough, and may transact any
14other business as may come before the meeting. The president,
15and during the president's absence or incapacity, the vice-
16president, shall preside over the meetings of council and
17perform other duties as are prescribed by this part or by
18ordinance.

19(b) Quorum.--A majority of the membership of council then in
20office shall constitute a quorum. Except as provided in
21subsection (c), only council members physically present at a
22meeting place within the borough shall be counted in
23establishing a quorum.

24(c) Telecommunication.--Council may provide for the
25participation of council members in council meetings by means of
26telecommunication devices, such as telephones or computer
27terminals, which permit, at a minimum, audio communication
28between locations, if the following apply:

29(1) A majority of the membership of council then in
30office is physically present at the advertised meeting place

1within the borough and a quorum is established at the
2convening or reconvening of the meeting. If, after the
3convening or reconvening of a meeting, a member has been
4disqualified from voting as a matter of law, but is still
5physically present, council members participating by
6telecommunication device in accordance with this section
7shall be counted to maintain a quorum.

8(2) The telecommunication device used permits the member
9or members of council not physically present at the meeting
10to:

11(i) speak to and hear the comments and votes, if
12any, of the members of council who are physically
13present, as well as other members of council who may not
14be physically present and are also using a
15telecommunication device to participate in the meeting;
16and

17(ii) speak to and hear the comments of the public
18who are physically present at the meeting.

19(3) The telecommunication device used permits the
20members of council and the members of the public who are
21physically present at the meeting to speak to and hear the
22comments and the vote, if any, of the member or members of
23council who are not physically present at the meeting.

24(4) Physical absence of a council member. Council may
25only authorize participation by telecommunication device for
26one or more of the following reasons:

27(i) illness or disability of the member of council;

28(ii) care for the ill or newborn in the member's
29immediate family;

30(iii) emergency; and

1(iv) family or business travel.

2(5) Nothing in this subsection shall be construed to
3limit the protections and prohibitions contained in any law
4or regulation relating to the rights of the disabled.

5(d) Voting.--A member of the council shall not be
6disqualified from voting on any issue before the council solely
7because the member has previously expressed an opinion on the
8issue in either an official or unofficial capacity.

9(e) Compensation.--Members of council may receive
10compensation to be fixed by ordinance as follows:

11(1) In boroughs with a population of less than 5,000, a
12maximum of $1,875 per year.

13(2) In boroughs with a population of 5,000 or more but
14less than 10,000, a maximum of $2,500 per year.

15(3) In boroughs with a population of 10,000 or more but
16less than 15,000, a maximum of $3,250 per year.

17(4) In boroughs with a population of 15,000 or more but
18less than 25,000, a maximum of $4,125 per year.

19(5) In boroughs with a population of 25,000 or more but
20less than 35,000, a maximum of $4,375 per year.

21(6) In boroughs with a population of 35,000 or more, a
22maximum of $5,000 per year.

23The salaries shall be payable monthly or quarterly for the
24duties imposed by this part. Benefits provided to members of
25council under section 1202(26) (relating to specific powers)
26shall not be considered pay, salary or compensation, but payment
27for all or a part of the premiums or charges for the benefits
28shall be in accordance with section 1202(26). Any change in
29salary, compensation or emoluments of the elected office shall
30become effective at the beginning of the next term of the member

1of council.

2(f) Eligibility for compensation.--The population shall be
3determined by the latest available official census figures. In
4no case shall the compensation for any member of council exceed
5that of the mayor in any given borough, but, if the mayor's
6compensation exceeds that authorized by this section for members
7of council, the president of council may receive compensation
8not to exceed that of the office of mayor.

9§ 1002. Oath of members of council.

10Before entering upon the duties of their offices, the members
11of council shall take and subscribe an oath or affirmation of
12office under 53 Pa.C.S. § 1141 (relating to form of oaths of
13office). The oath or affirmation may be taken before any judge
14or magisterial district judge of the county, a notary public or
15the mayor of the borough when the individual has qualified, and
16the oath or affirmation shall be filed with the borough
17secretary and preserved among the records of the borough for a
18period of six years.

19§ 1003. When the mayor may preside over council and vote,
20attendance of mayor at council meetings and breaking
21tie votes.

22(a) Presiding over meetings.--The mayor shall preside over
23the organization of the council until it is organized as
24provided in section 1001 (relating to organization of council, 
25quorum, participation by telecommunication device, voting, 
26compensation and eligibility), and shall be deemed a member of
27council at the organizational meeting if the mayor's membership
28becomes necessary to constitute a quorum.

29(b) Voting at meetings.--The mayor shall not vote at the
30meeting unless the mayor's vote shall, for any reason, be

1required to effect the organization of council or to elect any
2officer who is required to be or may be elected at the
3organizational meeting. If the mayor is absent from the
4organizational meeting, one of the members of council physically
5present at the meeting and chosen by the members eligible to
6vote at the meeting shall preside.

7(c) Attendance.--The mayor may attend any or all regular and
8special meetings of council and take part in the discussions of
9the council on matters pertaining to borough affairs, subject to
10any restrictions applicable to members of council contained in
11the rules of order or bylaws of the council.

12(d) Tie votes.--

13(1) If, by reason of a tie or split vote, the council
14shall be unable to:

15(i) enact or pass any ordinance, resolution or
16motion;

17(ii) declare any vacancy pursuant to section 903
18(relating to right of council to declare seat of member 
19vacant for failure to qualify);

20(iii) fill any other vacancy in its membership or in
21any other borough office.

22(iv) take any action on any matter lawfully brought
23before it;

24the mayor, if in attendance at the meeting, may, at the
25mayor's option, cast the deciding vote or shall direct that
26the matter be tabled until a special meeting of council.

27(2) The special meeting of council shall be held within
28not less than five days or more than ten days at which time
29the matter shall be reconsidered by council.

30(3) If a tie or split vote still exists, it shall be the

1duty of the mayor at that time to cast the deciding vote.

2(4) If a tie or split vote occurs at any meeting when
3the mayor is not in attendance, the matter shall be tabled to
4a special meeting to be held within not less than five days
5or more than ten days as set by the president of council, and
6the mayor shall be given at least five days' notice of the
7meeting, at which meeting it shall be the duty of the mayor
8to cast the tie-breaking vote.

9§ 1004. Failure of council to organize.

10If the council of any borough fails to organize within ten
11days from the time prescribed in this chapter, the court of
12common pleas, upon the petition of at least ten registered
13electors of the borough verified by the affidavit of one of the
14petitioners, shall issue a rule upon the delinquent members of
15council to show cause why their seats should not be declared
16vacant. The rule shall be returnable not less than five days
17from the time of its issue, and, after hearing, the court may
18declare the seats of the members of council responsible for the
19failure to organize vacant and shall appoint others in their
20place, who shall hold office for the respective unexpired terms.

21§ 1005. Powers of council.

22The council shall have power:

23(1) To, by motion, ordinance or resolution, create the
24offices of and appoint, a treasurer, a secretary, a
25solicitor, an engineer, a street commissioner and other
26officers as it deems necessary. The treasurer and the
27secretary shall not be members of council. A bank or bank and
28trust company may be appointed as treasurer. All officers and
29employees appointed by the council, with the exception of
30those who under this part or any other act are under civil

1service or have a definite term of office, shall serve for an
2indefinite term at the pleasure of the council.

3(2) To mitigate or remit fines and forfeitures in
4reasonable cases.

5(3) By resolution, to make temporary loans on the credit
6of the borough in anticipation of taxes to be collected and
7issue certificates of indebtedness. The loans shall be repaid
8from the first money available from taxes in anticipation of
9which the loans were made.

10(4) With respect to depositories and securities, to:

11(i) Appoint and revoke the appointment of one or
12more depositories for borough funds and to fix and
13approve security to be furnished by the depository. The
14security may be bonds with corporate or individual
15securities to be approved by council, or collateral
16security consisting of obligations of the United States
17or the Commonwealth or any political subdivision,
18deposited with the borough or with any bank or trust
19company within this Commonwealth and of a market value of
20120% of the amount of the deposit to be secured. Any
21deposit of collateral shall be under proper agreement and
22be accompanied by proper assignment or power of attorney
23for the transfer of the collateral. The borough treasurer
24shall deposit all borough funds in a depository
25designated under this subparagraph. If borough funds are
26deposited under this subparagraph, the borough treasurer
27shall be released and discharged from further liability
28on account of the deposit.

29(ii) Subparagraph (i) shall not be construed to
30require a depository to furnish bond or collateral

1security to cover the amount of any deposit to the extent
2that the deposit is insured with the Federal Deposit
3Insurance Corporation.

4(5) To secure indemnity bonds or policies of insurance
5as it may deem necessary to protect the borough from loss by
6reason of fire, flood, windstorm, burglary, larceny,
7negligence or dishonesty or insolvency of a depository, or
8otherwise, and to pay for the protection the usual or
9customary costs.

10(6) With respect to investments, to:

11(i) make investment of borough sinking funds as 
12authorized by 53 Pa.C.S. Pt. VII Subpt. B (relating to 
13indebtedness and borrowing);

14(ii) make investment of money in the general fund
15and in special funds of the borough other than the
16sinking funds as authorized by Chapter 13 (relating to 
17taxation and finance); and

18(iii) liquidate any investment, in whole or in part,
19by disposing of securities or withdrawing funds on
20deposit. Any action taken to make or to liquidate any
21investment shall be made by the officers designated by
22action of the council.

23(7) To provide, by ordinance passed by a two-thirds vote
24of the entire number of members of council elected, for the
25appointment of an independent auditor who shall be a
26certified public accountant registered in this Commonwealth,
27a firm of certified public accountants registered in this
28Commonwealth or a competent public accountant or a competent
29firm of public accountants.

30(i) When an ordinance has been adopted, an

1independent auditor shall be appointed annually, by
2resolution before the close of the fiscal year, to make
3an independent examination of the accounting records of
4the borough for the fiscal year, and the independent
5auditor shall also perform the other duties and exercise
6the powers as conferred upon the independent auditor
7under Subchapter C (relating to auditors).

8(ii) When an independent auditor is appointed as
9provided in this paragraph, the office of elected borough
10auditor or controller is abolished, but the borough
11auditors or controller then in office shall continue to
12hold their office during the term for which elected, and
13the borough auditors or controller shall not audit,
14settle or adjust the accounts audited by the independent
15auditor, but shall perform the other duties of their
16office.

17(iii) If any borough has provided by ordinance for
18the audit of its accounts by an appointed auditor, the
19borough shall have the right at any time to repeal the
20ordinance, and the office of appointed auditor shall be
21abolished as of the date set in the ordinance. The
22borough shall have the further right at the next
23municipal election following the repeal of the ordinance
24to elect three auditors, one for a term of two years, one
25for a term of four years and one for a term of six years,
26from the first Monday of January following the election,
27which auditors shall succeed the appointed auditor and
28shall have and possess all the powers and perform all the
29duties provided in this part for elected auditors. If, at
30any time after the effective date of any ordinance

1abolishing the office of appointed auditor, there shall
2be a vacancy in the office of elected auditor, council
3shall fill the vacancies in the manner prescribed in
4section 901 (relating to filling vacancies in elective 
5borough offices).

6(8) To make, authorize and ratify expenditures for
7lawful purposes from funds available or from funds borrowed
8within legal limits.

9(9) To pay authorized expenses incurred by elected and
10appointed borough officers in connection with their duties or
11other borough business.

12§ 1006. Duties of council.

13It shall be the duty of the council:

14(1) To organize, under section 1001 (relating to 
15organization of council, quorum, participation by 
16telecommunication device, voting, compensation and 
17eligibility), in even-numbered years.

18(2) To meet at a stated time at least once a month.
19Council may adjourn to a stated time for general business or
20for special businesses. If no quorum is present at a regular,
21special or reconvened meeting, a majority of those who do
22meet may agree upon another date for like business in a
23manner consistent with 65 Pa.C.S. Ch. 7 (relating to open
24meetings). Special meetings may be called by the president of
25council or upon written request of at least one-third of the
26members of council. Members shall have at least 24 hours'
27notice of the special meetings. The notice shall state
28whether it is for general or special purposes, and, if it is
29for special purposes, the notice shall contain a general
30statement of the nature of the business to be transacted.

1Presence at a meeting constitutes waiver of notice. Council
2may adopt rules relating to the calling and holding of
3special meetings, which rules shall supersede the provisions
4of this section, provided that the rules comply with the
5provisions of 65 Pa.C.S. Ch. 7.

6(3) To make and preserve records of its proceedings.

7(4) To enact, revise, repeal and amend ordinances and
8resolutions under Chapter 33 (relating to ordinances), and
9bylaws, rules and regulations, not inconsistent with the laws
10of this Commonwealth, as it deems beneficial to the borough
11and to provide for the enforcement of the same. Unless
12otherwise provided, all powers shall be exercised by vote of
13the majority of council eligible to vote at a meeting.
14Routine, ministerial or administrative purchases and powers
15may be made and exercised by officers or committees if
16authority for the action was previously given or if the
17action is subsequently ratified by council. If any action by
18the council results in a specific written contract or
19agreement, the contract or agreement shall be signed by the
20president of the council.

21(5) To cause notices to be served, as required by law or
22ordinance, in a manner council may by motion or other action
23decide.

24(6) To fix the compensation of all of the borough
25officers, appointees and employees.

26(7) To fix the amount of security to be given by the
27treasurer, and of other officers, appointees and employees as
28it may designate.

29§ 1007. (Reserved).

30§ 1008. (Reserved).

1§ 1009. Typewritten, printed, photocopied, microfilmed and
2electronically or digitally stored records valid and
3recording or transcribing records.

4(a) Validity.--All borough records required to be recorded
5or transcribed shall be deemed valid if typewritten, printed,
6photocopied, microfilmed or electronically or digitally stored
7or retained by any other process that accurately reproduces the
8original and forms a durable medium for recording, storing and
9reproducing in accordance with the act of May 9, 1949 (P.L.908,
10No.250), entitled "An act relating to public records of
11political subdivisions other than cities and counties of the
12first class; authorizing the recording and copying of documents,
13plats, papers and instruments of writing by digital,
14photostatic, photographic, microfilm or other process, and the
15admissibility and enlargements in evidence; providing for the
16storage of duplicates and sale of microfilm and digital copies
17of official records and for the destruction of other records
18deemed valueless; and providing for the services of the
19Pennsylvania Historical and Museum Commission to political
20subdivisions."

21(b) Requirements.--If recording or transcribing in a
22specified book of record is required, including minutes of the
23proceedings of the council, the records shall be recorded or
24transcribed as follows:

25(1) in a mechanical post binder book capable of being
26permanently sealed with consecutively numbered pages with a
27security code printed on it and a permanent locking device
28with the borough seal being impressed upon each page; or

29(2) in a bound book with pages being consecutively
30numbered by transcribing directly upon the pages of the book

1of record or by permanently attaching the records or copies
2to the book of record with the borough seal being impressed
3upon each page to which the record is attached, with each
4impression covering both a portion of the attached record and
5a portion of the page of the book of record to which the
6record is attached.

7(c) Previously recorded documents.--All records previously
8recorded or transcribed in any manner authorized by this part at
9the time the records were recorded or transcribed are validated.

10§ 1010. (Reserved).

11§ 1011. (Reserved).

12§ 1012. (Reserved).

13§ 1013. (Reserved).

14§ 1014. Hearings before council; witnesses.

15Councils may compel the attendance of witnesses and the
16production of books, papers or other evidence at any meeting of
17the council or any committee of the council and for that purpose
18may issue subpoenas, signed by the president of council or the
19chair of the committee, which shall be served in any part of
20this Commonwealth. If a witness refuses to testify to any fact
21within the witness's knowledge or to produce any books or papers
22in the witness's possession or control required to be used as
23evidence in any case, the borough solicitor shall report the
24facts relating to the refusal to the court of common pleas. If
25the court determines the evidence required of the witness to be
26legal and competent, it shall order the witness to testify or
27produce the evidence required.

28§ 1015. Witness fees and mileage.

29No individual residing outside the borough and subpoenaed
30under section 1014 (relating to hearings before council,
 

1witnesses) shall be required to respond to the subpoena until
2mileage to and from the borough at the rate established by the
3council under the act of July 20, 1979 (P.L.156, No.51),
4referred to as the Uniform Mileage Fee Law, and witness fees as
5required by law relating to witnesses have been paid.

6§ 1016. Examination of witnesses; penalty.

7An individual called as a witness, as provided in this 
8chapter, may be examined under oath, administered by the
9president of council or chair of the committee and, for the
10giving of false testimony, shall be liable for prosecution under
11applicable laws for perjury.

12SUBCHAPTER B

13MAYOR

14(Reserved)

15SUBCHAPTER C

16AUDITORS

17Sec.

181041. Auditors to meet yearly and audit accounts.

191042. (Reserved).

201043. (Reserved).

211044. (Reserved).

221045. (Reserved).

231046. (Reserved).

241047. (Reserved).

251048. (Reserved).

261049. (Reserved).

271050. (Reserved).

281051. (Reserved).

291052. (Reserved).

301053. Compensation of auditors.

11054. (Reserved).

21055. Subpoenas, oath and perjury.

31056. (Reserved).

41057. (Reserved).

51058. Pay of witnesses.

61059. Auditors to settle accounts where witnesses do not
7appear.

81059.1. Completion, filing and publication of auditor's report
9and financial statement.

101059.2. Attorney to auditors.

111059.3. Surcharge by auditors.

121059.4. Appeals from audit.

131059.5. Taxpayers appealing to enter bond.

141059.6. Procedure on appeals.

151059.7. Findings of fact and law, judgment and appeals.

161059.8. Attorney fees.

171059.9. Balances due to be entered as judgments.

181059.10. Penalty for failure to comply with law.

191059.11. General powers and duties of independent auditor.

20§ 1041. Auditors to meet yearly and audit accounts.

21(a) First meeting.--The auditors of the borough shall meet
22on the first Tuesday of January of each year and shall organize
23by the election of a chair and a secretary. If the first Tuesday
24is a legal holiday, the meeting and organization shall take
25place the following day. Two auditors shall constitute a quorum.

26(b) Audits.--The auditors:

27(1) Shall audit, adjust and settle the accounts of the
28tax collectors, the magisterial district judge and all
29officers of the borough.

30(2) May audit, adjust and settle the accounts of any

1person, corporation, association, organization, committee or
2commission receiving or expending borough funds.

3(3) Audit and report to the council, upon the accounts
4of every officer of the borough, upon the death, resignation,
5removal or expiration of the term of the officer.

6Unless otherwise agreed to by the auditors and the person being
7audited, the audit shall be conducted at the place the records
8of the person are normally kept.

9(b.1) Cancellation.--All orders, vouchers and certificates
10of indebtedness which have been paid shall, on their
11presentation to the auditors, be canceled by writing or stamping
12the word "audited" on the face of the documents.

13(c) (Reserved).

14(d) (Reserved).

15(e) (Reserved).

16(f) (Reserved).

17(g) (Reserved).

18§ 1042. (Reserved).

19§ 1043. (Reserved).

20§ 1044. (Reserved).

21§ 1045. (Reserved).

22§ 1046. (Reserved).

23§ 1047. (Reserved).

24§ 1048. (Reserved).

25§ 1049. (Reserved).

26§ 1050. (Reserved).

27§ 1051. (Reserved).

28§ 1052. (Reserved).

29§ 1053. Compensation of auditors.

30(a) General compensation.--Subject to the limitations set

1forth in subsection (b), each auditor shall receive $10 per hour
2for each hour or portion of an hour necessarily employed in the
3discharge of the auditor's duties, to be paid by the borough.

4(b) Limits.--No auditor in a borough having a population of
510,000 or less shall be entitled to receive more than $1,000 for
6completing the annual audit, settlement and adjustment. No
7auditor in a borough having a population in excess of 10,000
8shall be entitled to receive more than $2,000 for completing the
9annual audit, settlement and adjustment.

10(c) Reimbursements.--Each auditor shall be reimbursed for 
11travel costs incurred in the performance of the auditing duties 
12at the rate established by the council under the act of July 20, 
131979 (P.L.156, No.51), referred to as the Uniform Mileage Fee 
14Law, and for other actual expenses, including postage, notary 
15fees or publication costs, necessarily incurred during the 
16audit.

17§ 1054. (Reserved).

18§ 1055. Subpoenas, oath and perjury.

19(a) Subpoenas.--A majority of the auditors of any borough
20shall have the power to issue subpoenas to obtain the attendance
21of the persons whose accounts they are required to adjust, their
22executors and administrators, and of any persons whom it may be
23necessary to examine as witnesses and to compel their
24attendance, and may also compel the production of all documents,
25including books, vouchers and papers relative to borough
26accounts. If any person refuses or neglects to appear, to
27produce documents or to testify, the auditors shall petition the
28court of common pleas of the county to issue a subpoena to the
29person and to require the person to produce documents or to
30appear and to testify before the court. The court shall issue

1the subpoena if it deems the documents or testimony relevant to
2the issue.

3(b) Oaths.--The auditors of any borough shall have power to
4administer oaths and affirmations to all persons brought or
5appearing before them, whether accountants, witnesses or
6otherwise. Persons guilty of swearing or affirming falsely on
7the examination commits perjury.

8§ 1056. (Reserved).

9§ 1057. (Reserved).

10§ 1058. Pay of witnesses.

11Witnesses, other than officers of the borough, appearing
12before the auditors and individuals or officers serving
13subpoenas shall be paid, out of the borough treasury upon
14authorization signed by a majority of the auditors and orders
15drawn on the borough treasury, the same fees as are payable for
16rendering similar services in civil proceedings before a
17magisterial district judge. The amount paid shall be made a part
18of the charge against any officer who shall be charged by the
19auditors with any balance, if the costs have been incurred in
20establishing the balance. The costs collected from any officer
21shall be repaid into the borough treasury.

22§ 1059. Auditors to settle accounts where witnesses do not
23appear.

24If any person in possession of documents relative to public
25accounts before auditors refuses to produce the same or if any
26officer whose accounts are to be settled and adjusted by the
27auditors refuses to appear or submit to examination as directed
28by this subchapter, the auditors or a majority of them may
29proceed, by the examination of witnesses and other evidence, to
30ascertain and settle, as near as may be, the amount of public

1money received by the officer and its application to public
2purposes or otherwise.

3§ 1059.1. Completion, filing and publication of auditor's
4report and financial statement.

5(a) Reports.--The auditors shall complete the annual audit,
6adjustment and settlement as soon as possible after the end of
7the fiscal year. The auditors shall, within ten days after
8completing the annual audit, publish once, in at least one
9newspaper of general circulation, a concise financial statement
10setting forth all of the following:

11(1) The balance in the treasury at the beginning of the
12fiscal year.

13(2) All revenue received during the fiscal year by major
14classifications.

15(3) All expenditures made during the fiscal year by
16major functions and the current resources and liabilities of
17the borough at the end of the fiscal year.

18(4) The gross liability and net debt of the borough.

19(5) The amount of assessed valuation of the borough.

20(6) The assets of the borough with their character and
21value.

22(7) The date of the last maturity of the respective
23forms of funded debt.

24(8) The assets in each sinking fund.

25(b) Details.--The auditors shall prepare a report which
26shall contain an audit of the accounts of the last fiscal year
27and shall also show a complete statement of the financial
28condition of the borough, giving in detail all of the following:

29(1) The actual indebtedness.

30(2) The amount of funded debt.

1(3) The amount of floating debt.

2(4) The valuation of taxable property in the borough.

3(5) The assets of the borough with their character and
4value.

5(6) The date of maturity of the respective forms of
6funded debt of the borough.

7(b.1) Filing of reports and penalties.--The reports shall be
8prepared no later than 90 days after the close of the fiscal
9year. It shall be the duty of the secretary of the auditors to
10file a copy of the report with the secretary of the borough,
11with the clerk of the court of common pleas of the county or the
12prothonotary under local rules of court, with the Department of
13Transportation and with the Department of Community and Economic
14Development no later than 90 days after the close of the fiscal
15year. Any secretary of the auditors refusing or willfully
16neglecting to file the report commits a summary offense. If the
17failure to file the report within the period specified is due to
18the failure of any or all of the auditors to prepare the
19statement upon which the report is to be based, the auditor
20commits a summary offense.

21(c) Service of report.--The secretary of the auditors shall
22serve, by registered or certified mail, notice to every elected
23or appointed official against whom a balance or shortage appears
24in the report required under subsection (b). The notice shall be
25served prior to the filing of the report and shall indicate the
26amount of the balance or shortage and a brief description of how
27the balance or shortage was derived. The notice shall indicate
28that the balance or shortage is deemed a surcharge under section
291059.3 (relating to surcharge by auditors) and shall apprise the
30officer served of the right to appeal under section 1059.4

1(relating to appeals from audit). Service of notice is complete
2when the notice is properly addressed, postage prepaid and
3mailed. Failure to receive the notice required by this
4subsection shall not constitute grounds for relief from any
5judgment entered under this chapter.

6(d) Presentation.--The annual auditors report and the annual
7financial statement shall be presented on a uniform form
8prepared by a committee as provided in Chapter 13 (relating to 
9taxation and finance).

10§ 1059.2. Attorney to auditors.

11The borough auditors may employ an attorney if deemed
12advisable by a majority of the auditors. The auditors, with the
13agreement of council, shall determine the compensation to be
14paid to the attorney. If the auditors and council cannot agree
15on the compensation, upon petition of the auditors, the court of
16common pleas shall establish the compensation for the attorney
17employed by the auditors. The compensation for the attorney
18shall be paid out of the borough general fund.

19§ 1059.3. Surcharge by auditors.

20(a) Surcharges.--

21(1) The amount of any balance or shortage or of any
22expenditure of a kind or made in a manner prohibited or not
23authorized by statute which causes a financial loss to the
24borough shall be a surcharge against any officer against whom
25the balance or shortage shall appear, or who by vote, act or
26neglect has permitted or approved the expenditure.

27(2) The following shall apply:

28(i) No elected or appointed official of a borough
29may be surcharged for any act, error or omission in
30excess of the actual financial loss sustained by the

1borough.

2(ii) A surcharge shall take into consideration as
3its basis the results of the act, error or omission and
4the results had the procedure been strictly in accordance
5with law.

6(iii) Subparagraph (i) shall not apply to cases
7involving fraud or collusion on the part of officers nor
8to any penalty enuring to the benefit of or payable to
9the Commonwealth. Notwithstanding this section, the
10procedures in the act of May 25, 1945 (P.L.1050, No.394),
11known as the Local Tax Collection Law, shall apply to
12balances and shortages in the tax accounts of the tax
13collector.

14(b) Illegal acts.--In any matter involving a financial
15transaction, any official knowingly and willfully acting
16contrary to law commits a misdemeanor and, upon conviction, may
17be sentenced to pay a fine not exceeding $100.

18§ 1059.4. Appeals from audit.

19It shall be lawful for the borough, or any taxpayer of the
20borough on its behalf, or any person whose account is settled or
21audited, to appeal from the settlement or audit, as shown in the
22auditors report, to the court of common pleas of the county no
23later than 40 days from the date of the filing of the auditor's
24report with the clerk of common pleas.

25§ 1059.5. Taxpayers appealing to enter bond.

26No appeal by a taxpayer or officer may be allowed unless,
27within the time of taking the appeal, the appellant secures a
28bond in the sum of $1,000 with sufficient surety to prosecute
29the appeal and to pay all costs of appeal, in case, if the
30appellant is a taxpayer, the appellant fails to obtain a final

1decision more favorable to the borough than that awarded by the
2auditors or, in case, if the appellant is an accounting officer,
3the appellant fails to obtain a final decision more favorable to
4the officer than that awarded by the auditors. Unless the bond
5is filed as provided in this section, the court of common pleas,
6upon application, shall set aside the appeal.

7§ 1059.6. Procedure on appeals.

8(a) Evidence and burden.--In any proceeding upon an appeal
9from a report of the auditors, the accounts of the office or
10officers or the person, corporation, association, organization,
11committee or commission in question may be investigated de novo,
12and the burden shall be upon each officer, person, corporation,
13association, organization, committee or commission whose
14accounts are involved in the appeal of establishing the person's
15right to credits claimed by the person, but the opposing party
16in the appeal may use any facts, figures or findings of the
17report of the auditors as prima facie evidence against any
18officer or other entity.

19(b) Multiple appeals.--If more than one appeal from a report
20of the auditors has been taken, the court shall, on its own
21motion or upon motion of any interested party, direct the
22several appeals to be disposed of in a single proceeding.

23§ 1059.7. Findings of fact and law, judgment and appeals.

24After the hearing, the court shall file its findings of fact
25and law and enter judgment accordingly, and the judgment so
26entered may be enforced by the prevailing party by any
27appropriate proceeding. Appeals from the court's ruling may be
28taken in accordance with law.

29§ 1059.8. Attorney fees.

30(a) Fees awarded.--Upon final determination of an appeal

1taken under section 1059.4 (relating to appeals from audit) from
2any report, audit or settlement of the account of any borough
3officer, attorney fees shall be awarded as follows:

4(1) If, in the opinion of the court the final
5determination is more favorable to the borough officer
6involved than that awarded by the auditors, the borough shall
7pay reasonable attorney fees or, under paragraph (3), a
8portion of reasonable attorney fees incurred by the officer
9in connection with the surcharge proceeding.

10(2) If, in the opinion of the court, the final
11determination is more favorable to the borough than that
12awarded by the auditors in the case of an appeal taken by the
13borough or a taxpayer, the borough officer who is the subject
14of the surcharge proceeding shall pay reasonable attorney
15fees or, under paragraph (3), a portion of reasonable
16attorney fees incurred by the borough, elector or taxpayer in
17connection with the surcharge proceeding.

18(3) If, in the opinion of the court, the final
19determination is in part more favorable to the borough and in
20part more favorable to the borough officer involved in the
21surcharge proceeding than that awarded by the auditors, the
22court may order:

23(i) the borough to pay a portion of reasonable
24attorney fees incurred by the officer in connection with
25the surcharge proceeding; or

26(ii) the borough officer who is the subject of the
27surcharge proceeding to pay a portion of reasonable
28attorney fees incurred by the borough or taxpayer in
29connection with the surcharge proceeding.

30(b) Other accounts.--The attorney fees in case of appeals

1involving accounts other than those of borough officers shall be
2allocated in the court's discretion.

3§ 1059.9. Balances due to be entered as judgments.

4A balance in a report of the auditors against an officer of
5the borough shall constitute a surcharge against the officer as
6fully as if expressly stated in the report to be a surcharge.
7The amount of a balance and of any express surcharge shall, if
8no appeal is taken or after an appeal has been finally
9determined in favor of the borough, be entered by the
10prothonotary as a judgment against the officer. The clerk of the
11court of common pleas shall certify the amount of every balance
12or surcharge contained in a report from which no appeal has been
13taken within the time provided under this chapter to the court
14of common pleas for entry by the prothonotary as a judgment. Any
15taxpayer of the borough may enforce the collection of the
16balance or surcharge for the benefit of the borough, by action
17or execution, upon filing in the court of common pleas a bond,
18in the sum of $1,000 with one or more sureties, conditioned to
19indemnify the borough from all costs of the proceedings
20undertaken by the taxpayer, subject to all rights of appeal from
21the report of auditors granted by this part. If a person has
22been or shall be surcharged for an illegal purchase and no fraud
23or collusion is shown and the surcharge is paid to the borough,
24the article purchased shall become the property of the person
25surcharged.

26§ 1059.10. Penalty for failure to comply with law.

27(a) Neglect.--An auditor neglecting or refusing to comply
28with this chapter commits a summary offense.

29(b) Financial interest.--An auditor who is financially
30interested, directly or indirectly, in a borough transaction

1commits a summary offense.

2§ 1059.11. General powers and duties of independent auditor.

3(a) Powers and duties.--If an independent auditor is
4appointed under section 1005(7) (relating to powers of council),
5the independent auditor shall have the same powers and duties
6and be subject to the same penalties as the auditors under this 
7chapter. The independent auditor shall annually examine, audit
8and settle all accounts in which the borough is concerned. The
9audit shall consist of an examination in accordance with
10generally accepted auditing standards and shall include tests of
11the accounting records and other auditing procedures as the
12independent auditor considers necessary in the circumstances.
13The independent auditor shall make and publish the annual
14financial report in the same form and manner and at the same
15time as required in this part of the auditors of the borough.

16(b) Reporting.--The independent auditor shall audit the
17accounting records of the borough for the fiscal year and shall
18prepare a report on the examination which shall be subject to
19appeal in the same manner as reports of the auditors under this 
20chapter. The report shall set forth:

21(1) The scope of the examination.

22(2) The independent auditor's opinion of the fairness of
23the presentation of the financial statement of the borough,
24which shall show a complete statement of the financial
25condition of the borough, giving in detail the actual
26indebtedness, the amount of funded debt, the amount of
27floating debt, the valuation of the taxable property in the
28borough, the assets of the borough with their character and
29value and the date of the maturity of the respective forms of
30funded debt of the borough.

1(3) The amount of any balance or shortage or any
2expenditure of any kind or made in a manner prohibited or not
3authorized by a statute which came to the independent
4auditor's attention during the course of the examination and
5which, in the independent auditor's opinion, causes a
6financial loss to the borough as provided in section 1059.3
7(relating to surcharge by auditors) shall be a surcharge
8against an officer against whom the balance or shortage shall
9appear, subject to appeal, entry as judgment, certification
10and enforcement as provided in this chapter.

11(c) Hiring attorney.--The independent auditor may employ an
12attorney subject to the provisions of section 1059.8 (relating
13to attorney fees), except that the employment shall be with the
14consent of council.

15(d) Other applicable laws.--Sections 1055 (relating to
16subpoenas, oath, perjury), 1058 (relating to pay of witnesses)
17and 1059 (relating to auditors to settle accounts where 
18witnesses do not appear) shall apply to proceedings initiated by
19independent auditors.

20(e) Compensation.--The compensation of the independent
21auditor shall be determined by council and paid by borough
22funds.

23SUBCHAPTER D

24CONTROLLER

25Sec.

261061. Oath and bond of controller.

271062. Salary of controller.

281063. General powers and duties of controller.

291064. (Reserved).

301065. Countersigned warrants.

11066. Prevention of appropriation overdrafts.

21067. Amount of contracts to be charged against appropriations.

31068. Controller's recommendations on borough finances.

41069. Books to be kept by controller.

51070. Appeals from controller's report.

61071. Acceptance by ordinance.

7§ 1061. Oath and bond of controller.

8The borough controller shall, before entering upon the duties
9of office, take the required oath or affirmation of office under
1053 Pa.C.S. § 1141 (relating to form of oaths of office). The
11controller shall give bond to the borough with a surety company
12to be approved by the council, in a sum as council may direct by
13ordinance, conditioned for the faithful discharge of the
14controller's duties. The amount of the bond shall be sufficient
15to adequately protect the borough from any illegal or unfaithful
16action by the controller. The cost of the bond shall be paid by
17the borough.

18§ 1062. Salary of controller.

19The council shall fix the annual salary of the controller.
20Any change in salary, compensation or emoluments of the elected
21office shall become effective at the beginning of the next term
22of the controller.

23§ 1063. General powers and duties of controller.

24(a) General duties and powers.--The borough controller shall
25manage the fiscal affairs of the borough. The controller shall
26examine, audit and settle all accounts in which the borough is
27concerned either as debtor or creditor if provision for the
28settlement is made by law. If no provision or an insufficient
29provision has been made, the controller shall examine the
30accounts and report to the council the relevant facts and

1opinion on the accounts.

2(b) Accounts.--In the examination, audit and settlement of
3accounts, the controller shall have all of the powers and
4perform all of the duties vested in and imposed on the auditors
5by this part. A person guilty of swearing or affirming falsely
6before the controller commits perjury. The controller shall make
7and file an annual report of the audit and make and publish the
8annual financial report in the same form and manner and at the
9same time as required in this part of the auditors of the
10borough.

11(c) Scope.--The controller shall:

12(1) have supervision and control of the accounts of all
13departments, bureaus and officers of the borough authorized
14to collect, receive or disburse the public money or who are
15charged with the management or custody of the accounts;

16(2) audit their respective accounts and may at any time
17require from any of them a statement in writing of any money
18or property of the borough in their possession or under their
19control, showing the amount of cash on hand and the amount
20deposited in banks and banking institutions together with the
21names of the institutions;

22(3) have power to examine every account of a borough
23officer in any bank or banking institution to verify the
24accuracy of the statement of the borough, department, bureau
25or officer, and it shall be the duty of every department,
26bureau or officer, and of every bank and banking institution,
27its officers and agents, to furnish full information to the
28controller in relation to the account. No banker or banking
29institution, its officers or agents shall be subject to
30prosecution under other laws of this Commonwealth for

1disclosing information with respect to an account;

2(4) immediately upon the discovery of any default,
3irregularity or delinquency, report the discovery to the
4council; and

5(5) audit and report upon the accounts of an officer
6upon the death, resignation, removal or expiration of the
7term of the officer.

8§ 1064. (Reserved).

9§ 1065. Countersigned warrants.

10The controller shall countersign all warrants upon the
11borough treasurer, with the form of the warrant to be prescribed
12by council, except that no warrant shall be countersigned unless
13there is money in the treasury to pay the warrant. If a warrant
14on the treasurer shall be presented to the controller to be
15countersigned, the person presenting the warrant shall, if the
16controller requires, produce evidence that:

17(1) The amount expressed in the warrant is due to the
18person in whose favor it is drawn.

19(2) The supplies or service for payment of which the
20warrant is drawn have been furnished or performed according
21to law and the terms of the contract.

22§ 1066. Prevention of appropriation overdrafts.

23The controller shall not permit any appropriation made by the
24council to be overdrawn. If an appropriation is exhausted, the
25object of which is not complete, the controller shall
26immediately report the fact to the council and accompany the
27report with a statement of the money which have been drawn on
28the appropriation and the particular purpose for which they are
29drawn.

30§ 1067. Amount of contracts to be charged against

1appropriations.

2(a) General rule.--A contract involving appropriation of
3money shall designate the item of appropriation on which it is
4founded, and the estimated amount of the expenditure which shall
5be charged against the item, and certified by the borough
6controller on the contract, before it shall take effect as a
7contract. Payment required by the contract shall be made from
8the fund appropriated.

9(b) Liability for excess.--If the controller certifies a
10contract in excess of the appropriation made, the borough shall
11not be liable for the excess, but the controller and the
12controller's sureties shall be liable for the same, which may be
13recovered in an action at law by the aggrieved contracting
14party.

15(c) Certification by controller.--The controller shall
16certify contracts for the payment of which sufficient
17appropriations have been made.

18§ 1068. Controller's recommendations on borough finances.

19The borough controller shall, as often as the controller may
20deem expedient or the council shall direct, suggest plans to the
21council for the management and improvement of the borough
22finances.

23§ 1069. Books to be kept by controller.

24The borough controller shall keep a regular set of books
25which shall be opened and keep as many accounts, under
26appropriate titles, as may be necessary to show separately and
27distinctly all the estates and property, real and personal,
28vested in the borough, all trusts in the care of the borough,
29all debts due and owing the borough, all receipts and
30expenditures of the various departments of the borough

1government and all appropriations made by council and the sums
2under the same, respectively.

3§ 1070. Appeals from controller's report.

4Appeals may be taken from the settlement and audit of the
5controller, as shown in the controller's report to the court of
6common pleas of the county, by the same persons in the same
7manner within the same time subject to the same conditions and
8procedure and with like effect in every respect as provided in
9this part in the cases of appeals from the settlement and audit
10of the auditors as shown in their report.

11§ 1071. Acceptance by ordinance.

12(a) General rule.--This subchapter shall not become
13operative or effective in any borough not having a controller
14until the borough shall, by ordinance, accept this chapter. If a
15borough accepts this subchapter, the court of common pleas, upon
16petition of council, shall appoint a controller to hold office
17until the first Monday of January following the next municipal
18election at which a controller shall be elected under this part.

19(b) Continuation of borough auditors.--In all boroughs
20accepting this subchapter, the borough auditors then in office
21or the appointed auditor serving as borough auditor shall
22continue to hold their offices until the first day of January
23following the election of a borough controller after which date
24the office of borough auditor shall be abolished.

25(c) Discontinuation.--A borough may discontinue the office
26of controller and either reestablish the office of elected
27auditors or the position of appointed auditor by repealing the
28ordinance under which the office of controller was created. The
29controller in office at the time of the repeal shall continue in
30office until the end of the controller's term.

1SUBCHAPTER E

2(RESERVED)

3SUBCHAPTER F

4TAX COLLECTOR

5Sec.

61086. Powers and duties of tax collector.

7§ 1086. Powers and duties of tax collector.

8(a) General rule.--Except as otherwise provided in
9subsection (b), the tax collector shall be the collector of all
10State, county, borough, school, institution district and other
11taxes levied within the borough by the authorities empowered to
12levy taxes.

13(b) Exception.--

14(1) No tax collector may collect any tax levied and
15imposed under the act of December 31, 1965 (P.L.1257,
16No.511), known as The Local Tax Enabling Act, unless the
17ordinance imposing the tax provides that the tax collector
18shall be the collector of the tax.

19(2) No ordinance, however, may authorize the collection
20of income taxes in a manner other than that provided in
21Chapter 5 of The Local Tax Enabling Act.

22(c) Other laws.--The tax collector shall, in addition to the
23powers, authority, duties and responsibilities provided for by
24this part, have all the powers, perform all the duties and be
25subject to all the obligations and responsibilities for the
26collection of taxes as are now vested in, conferred upon or
27imposed upon tax collectors by law.

28CHAPTER 10A

29MAYOR

30Sec.

110A01. Eligibility of mayor.

210A02. Incompatible offices.

310A03. Oath of mayor.

410A04. Salary of mayor.

510A05. Salaried mayor not to receive certain fees.

610A06. General powers of mayor.

710A07. Duties of mayor.

810A08. President or vice president of council to act as mayor.

9§ 10A01. Eligibility of mayor.

10No mayor may hold any other borough office or appointment
11during the term for which the mayor is elected, except as is
12permitted under section 1104 (relating to appointments and
13incompatible offices). The mayor shall be eligible to succeed
14himself. The mayor shall not be a member of council, nor shall
15the mayor preside over or vote at any meeting of council, except
16as provided in section 1003 (relating to when the mayor may
17preside over council and vote, attendance of mayor at council
18meetings and breaking tie votes).

19§ 10A02. Incompatible offices.

20No member of Congress or any person holding any office or
21appointment of profit or trust under the Federal Government or
22any person holding the office of magisterial district judge may
23at the same time be capable of holding the office of mayor.

24§ 10A03. Oath of mayor.

25The mayor, before exercising the duties of office, shall take
26and subscribe an oath or affirmation of office under 53 Pa.C.S.
27§ 1141 (relating to form of oaths of office). The oath or
28affirmation may be taken before a judge or magisterial district
29judge of the county or a notary public and shall be filed with
30the borough secretary and be preserved among the records of the

1borough for a period of six years.

2§ 10A04. Salary of mayor.

3(a) General rule.--The salary of the mayor shall be
4established by ordinance and shall not exceed the following:

5(1) In a borough with a population of less than 5,000, a
6maximum of $2,500 per year.

7(2) In a borough with a population of 5,000 or more but
8less than 10,000, a maximum of $5,000 per year.

9(3) In a borough with a population of 10,000 or more but
10less than 15,000, a maximum of $7,500 per year.

11(4) In a borough with a population in excess of 15,000,
12a maximum of $500 per year per 1,000 residents or fraction of
131,000, the population to be determined by the latest official
14census figures.

15(a.1) Treatment of benefits.--Benefits provided to the mayor
16under section 1202(26) (relating to specific powers) shall not
17be considered pay, salary or compensation, but payment for all
18or a part of the premiums or charges for the benefits shall be
19in accordance with section 1202(26).

20(b) Change in salary.--A change in salary, compensation or
21emoluments of the elected office shall become effective at the
22beginning of the next term of the mayor.

23§ 10A05. Salaried mayor not to receive certain fees.

24(a) General rule.--Except as provided in subsection (b), any
25salary paid under an ordinance shall be in lieu of all costs and
26fees allowed by a mayor. Costs and fees shall be collected by
27the mayor and deposited into the borough treasury.

28(b) Marriage ceremony fees.--

29(1) Nothing in this part shall be construed to prevent a
30mayor from receiving a monetary fee for the performance of a

1marriage ceremony in this Commonwealth, if the fee does not
2exceed $150 for each ceremony performed.

3(2) Prior to performing these ceremonies, the mayor
4shall notify council in writing of the mayor's intention to
5perform marriage ceremonies.

6(3) The notification to council shall remain in effect
7for the term of the mayor or until the notification is
8rescinded by the mayor.

9(4) The mayor shall maintain accurate accounts of the
10fees received relating to the performance of marriage
11ceremonies and provide council each quarter with a report of
12money received for that period. The quarterly report shall
13include the amount of money received and the names of persons
14from whom money was received, along with the date and the
15location of the performed ceremony, and the quarterly report
16shall be considered a public record.

17(5) The receipt of a fee under this subsection shall not
18be considered a violation of 65 Pa.C.S. Ch. 11 (relating to
19ethics standards and financial disclosure) and shall not be
20considered compensation under this part.

21§ 10A06. General powers of mayor.

22(a) Oaths and affirmations.--The mayor may administer oaths
23and affirmations in matters pertaining to borough affairs.

24(b) Emergencies.--

25(1) In addition to the power granted to mayors by 35
26Pa.C.S. Pt. V (relating to emergency management services) and
27in order to enable the mayor to effectually preserve the
28public peace within the borough, the mayor shall have the
29power to prevent and suppress mobs, riots and unlawful and
30tumultuous assemblies.

1(2) In the event that a state of emergency exists, a
2mayor shall have the authority to request aid and assistance
3from law enforcement officers and agencies from a neighboring
4municipality.

5(3) In response to a request of a mayor made in
6accordance with this subsection, a municipal police officer
7shall, within the borough from which the request was made,
8have the power and authority to enforce the laws of this
9Commonwealth or otherwise perform the functions of that
10office as if enforcing those laws or performing those
11functions within the territorial limits of the officer's
12primary jurisdiction, subject to the limitations and
13conditions set forth in 42 Pa.C.S. § 8953(b), (c), (d) and
14(e) (relating to Statewide municipal police jurisdiction).

15(4) If the mayor considers that a state of emergency
16exists, the mayor may issue a proclamation, which shall be in
17writing and posted in one or more conspicuous places and the
18contents of which shall be made available to all news media,
19declaring a state of emergency for a period not to exceed
20seven days unless sooner rescinded, modified or ratified or
21extended by resolution of council.

22(5) The mayor may prohibit in the proclamation for all
23or part of the borough:

24(i) Any person being on the public streets or in the
25public parks or at any other public place during the
26hours declared by the mayor to be a period of curfew.

27(ii) The entry or departure of persons into or from
28any restricted area.

29(iii) The sale, purchase or dispensing of any
30commodities or goods as designated by the mayor.

1(iv) The transportation, possession or use of
2gasoline, kerosene or other combustible, flammable or
3explosive liquids or materials except in connection with
4the normal operation of motor vehicles, normal home use
5or legitimate commercial use.

6(v) Any other activities as the mayor reasonably
7believes should be prohibited to help preserve life,
8health, property or the public peace.

9(6) The proclamation shall describe the specific
10restricted area with particularity and shall specify the
11hours when restrictions are to be in effect.

12(7) A person violating the proclamation of emergency
13commits a summary offense and shall, upon conviction, be
14sentenced to pay a fine not to exceed $300 and costs or to a
15term of imprisonment not to exceed 30 days.

16§ 10A07. Duties of mayor.

17The mayor shall have the following duties:

18(1) To preserve order in the borough, to enforce the
19ordinances and regulations, to remove nuisances, to exact a
20faithful performance of the duties of the officers appointed
21and to perform any other duties as shall be vested in the
22mayor's office by law or ordinance.

23(2) Except as provided in section 1006(4) (relating to
24duties of council), to sign papers, contracts, obligations
25and documents as may be required by law.

26(3) To collect any costs and fees received and to pay
27the money into the treasury, except as provided in section
2810A05(b) (relating to salaried mayor not to receive certain
29fees), to report to the council from time to time on the
30state of the borough and to make recommendations to the

1council on matters of borough concern. The borough shall
2furnish the mayor with the necessary dockets, books, forms
3and files as are necessary for the conduct of the mayor's
4office and which shall be and remain the property of the
5borough and be surrendered to the mayor's successor in
6office.

7§ 10A08. President or vice president of council to act as
8mayor.

9(a) General rule.--If the mayor is absent or incapacitated
10or there is a vacancy in the office, the duties of the office
11shall be discharged by the president of council or, in the
12absence or incapacity of the president of council or if there is
13a vacancy in the office, by the vice president of council.

14(b) Salary.--While discharging the duties of mayor, the
15president or vice president of council shall be entitled to the
16same salary as the mayor would receive and, during the time the
17salary is paid to the president or vice president of council as
18acting mayor, the mayor shall not be paid compensation.

19(c) Veto and voting power.--The president or vice president
20of council while acting as mayor shall have power to veto a
21proposed ordinance or to break a tie but shall not have power to
22vote as a member of council.

23CHAPTER 11

24POWERS, DUTIES AND RIGHTS OF

25APPOINTED OFFICERS AND EMPLOYEES

26Subchapter

27A. General Provisions

28B. Treasurer

29C. Secretary

30D. Solicitor

1E. Police

2F. Police Pension Fund in Boroughs Having Police Force of
3Less Than Three Members

4G. Manager

5H. Planning Commission (Reserved)

6I. Mine and Quarry Inspection and Surface Support (Reserved)

7J. Civil Service for Police and Fire Apparatus Operators

8K. Independent Auditor (Reserved)

9SUBCHAPTER A

10GENERAL PROVISIONS

11Sec.

121101. Compensation, hours and days of work and outside
13employment.

141102. Accounts.

151103. Bonds.

161104. Appointments and incompatible offices.

171105. Compensation of certain employees.

181105.1. Retirement benefits of employees transferred to
19authorities.

20§ 1101. Compensation, hours and days of work and outside
21employment.

22Appointed officers and employees of the borough shall receive
23compensation for their services as the council shall prescribe.
24Council may also establish the hours and days of work and may
25restrict the outside employment of borough employees or any
26class or category of employment.

27§ 1102. Accounts.

28All officers and employees appointed by a council shall, if
29directed, render their accounts to the council for settlement.

30§ 1103. Bonds.

1If an appointed officer or employee of a borough is required
2by law or action of council to give bond for the faithful
3performance of the officer's or employee's duties, the borough
4may pay the premium on the bond. All bonds required to be given
5by borough officials or employees shall be with a surety company
6authorized by law to act as surety. The borough shall pay a
7proportionate share of the cost of the bond of an appointed tax
8collector in the same ratio as provided in section 804 (relating
9to term and bonds) for elected tax collectors.

10§ 1104. Appointments and incompatible offices.

11(a) General rule.--Unless there is incompatibility in fact,
12an elective or appointive officer of the borough shall be
13eligible to serve on any board, commission, bureau or other
14agency created by or for the borough or any borough office
15created or authorized by statute and may accept appointments
16under the statute.

17(b) Prohibition.--

18(1) Except as set forth in paragraph (2), no elected
19borough official of a borough with a population of 3,000 or
20more may serve as an employee of that borough.

21(2) Paragraph (1) shall not apply to a borough official
22serving as an employee of that borough prior to the
23certification of the 2010 official census or a subsequent
24latest official census which indicates an increase in the
25population of that borough to 3,000 or more.

26(c) Multiple offices.--If there is no incompatibility in
27fact and subject to subsection (a) as to compensation,
28appointees of council may hold two or more appointive borough
29offices, but no mayor or member of council may serve as borough
30manager, secretary or treasurer.

1(d) Magisterial district judges.--No person holding the
2office of magisterial district judge may at the same time hold
3any elected or appointed borough office.

4(e) Secretary and treasurer.--The offices of secretary and
5treasurer may be held by the same person if authorized by
6ordinance.

7(f) Police officers and firefighters.--

8(1) No police officer or firefighter may hold an
9elective office of the borough that employs the police
10officer or firefighter.

11(2) No police officer or firefighter who is employed by
12a regional department, council of government or other
13cooperative venture may hold an elective office of any
14municipality that participates in the regional department,
15council of government or other cooperative venture.

16(3) No police officer or firefighter may hold an
17elective office of the borough in which the police officer or
18firefighter resides if the department employing the police
19officer or firefighter is providing police or fire protection
20service to that borough by contract.

21(g) Majority vote required.--All appointments to be made by
22the council shall be made by a majority of the members of
23council unless a different vote is required by statute.

24(h) Construction.--Nothing contained in this section shall
25be construed to affect the eligibility of a borough official to
26hold any other public office or receive compensation.

27§ 1105. Compensation of certain employees.

28(a) General rule.--A borough may provide, by ordinance, to
29appointees and employees of not less than ten years of
30satisfactory service and who are not less than 60 years of age

1upon termination of active employment with the borough, a
2proportion of the compensation last paid to them but not in
3excess of 50% of the compensation, including benefits received
4under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et
5seq.), if any, as fixed in the ordinance or amendment of the
6ordinance.

7(b) Postretirement compensation.--Any arrangement to provide 
8postretirement compensation to retired appointees and employees 
9under this section shall be a pension plan within the meaning of 
10that term under the act of December 18, 1984 (P.L.1005, No.205), 
11known as the Municipal Pension Plan Funding Standard and 
12Recovery Act, and the borough establishing such plan shall 
13provide funding of the pension plan in an amount sufficient to 
14meet the minimum obligation of the municipality with respect to 
15the pension plan under that act.

16(c) Funding.--The expenditures authorized in this section
17shall be paid out of the general tax levy for the current
18expenditures of the year and not by any special tax.

19(d) Construction.--Nothing in this section shall be 
20construed to preclude an appointee or employee of the borough 
21from joining in any pension system or municipal retirement 
22system that the borough may adopt.

23§ 1105.1. Retirement benefits of employees transferred to
24authorities.

25(a) Required membership.--The following employees of 
26municipal authorities shall be members of the borough retirement 
27system upon a written election as provided in this section:

28(1) An employee of a wastewater authority created by a 
29borough and one or more townships under 53 Pa.C.S. Ch. 56 
30(relating to municipal authorities) that commenced operations
 

1after December 1, 2001, who satisfies the requirements of 
2subsection (b), has past service credits under the borough 
3retirement plan and has filed a written election to be a 
4member of the borough retirement system with council and the 
5wastewater authority prior to September 14, 2005.

6(2) An employee of a municipal authority created by a
7borough under 53 Pa.C.S. Ch. 56 that commenced operations
8after October 4, 2010, who satisfies the requirements of
9subsection (b), has past service credits under the borough
10retirement plan and files a written election with the council
11and the authority to be a member of the borough retirement
12system within one year of July 16, 2012.

13(b) Eligibility criteria.--

14(1) In order to qualify for the option under subsection
15(a), the employee must satisfy both of the following
16requirements:

17(i) Immediately prior to the date of transfer of
18employment to the authority, be an employee of the
19borough that, either alone or together with one or more
20municipalities, established the authority.

21(ii) Be an active member of the borough's retirement
22system on the date that the employee's employment was
23transferred to the authority.

24(2) For an employee who files an election under
25subsection (a), the affected authority shall:

26(i) Deduct from the employee's salary an amount
27equal to the employee contribution that would have been
28deducted had the employee continued to be a borough
29employee and shall pay the deducted amount to the
30borough's retirement fund.

1(ii) Pay to the borough's retirement fund an 
2employer contribution equal to the employer normal cost 
3plus anticipated administrative expenses and amortization 
4payments less general municipal pension system State aid 
5expressed as a percentage of the system's total payroll 
6as calculated by the borough under the act of December 
718, 1984 (P.L.1005, No.205), known as the Municipal 
8Pension Plan Funding Standard and Recovery Act, and 
9applied to the payroll of the employee.

10(c) State aid calculation.--All employees who elect to be
11members of the borough retirement system under this section
12shall be treated as borough employees in determining the
13borough's annual allocation of general municipal pension system
14State aid under section 402(e) of the Municipal Pension Plan
15Funding Standard and Recovery Act, and the annual allocation of
16general municipal pension system State aid under section 402(e)
17of the Municipal Pension Plan Funding Standard and Recovery Act
18shall be payable to the borough.

19SUBCHAPTER B

20TREASURER

21Sec.

221106. Bond and duties.

231107. Assistant treasurer.

24§ 1106. Bond and duties.

25(a) General rule.--The borough treasurer shall, before
26entering upon the duties of office, give bond in an amount
27determined by council, conditioned for the faithful performance
28of the treasurer's duties.

29(b) Specific duties.--The treasurer shall:

30(1) Receive all money due the borough and deposit the

1money promptly in a designated depository in the name of the
2borough.

3(2) Keep distinct and accurate accounts of all sums
4received from taxes and other sources, which accounts shall
5be open to the inspection of council and any citizen of this
6Commonwealth.

7(3) (i) Pay out all money only on direction by the
8council, upon an order signed by the president of council
9and the borough secretary and also by the borough
10controller, if any. The order shall not be executed
11unless there is money in the treasury available.

12(ii) Nothing in this part shall be construed to
13preclude the use of electronic signatures and
14transactions to the extent authorized by the act of
15December 16, 1999 (P.L.971, No.69), known as the
16Electronic Transactions Act, or any other law.

17(4) Annually submit the accounts to the elected
18auditors, independent auditor or controller for settlement.

19(5) Preserve the account books, papers, documents and
20other records of the office and turn them over to the
21successor in office.

22(c) Payment of all other money.--All money received by any
23officer or other person for the use of the borough shall be paid
24to the borough treasurer.

25§ 1107. Assistant treasurer.

26A council may, by resolution, appoint an assistant treasurer
27who may not be a member of the council. Council may appoint the
28assistant treasurer as the assistant secretary if the assistant
29treasurer is not a member of council. The assistant treasurer
30shall assist the treasurer in the performance of the treasurer's

1duties and, in case of absence or disability of the treasurer,
2shall perform the duties and may exercise the powers of the
3treasurer.

4SUBCHAPTER C

5SECRETARY

6Sec.

71111. Duties.

81112. Assistant secretary.

91113. Records open to inspection.

10§ 1111. Duties.

11(a) Attendance at meetings and maintenance of minutes.--The
12secretary shall attend all meetings of the council and shall
13maintain full minutes of its proceedings.

14(b) Other duties.--The secretary shall:

15(1) Record or transcribe the bylaws, rules, regulations,
16resolutions and ordinances of the borough in accordance with
17section 1009 (relating to typewritten, printed, photocopied,
18microfilmed and electronically or digitally stored records
19valid and recording or transcribing records).

20(2) Preserve the records and documents of the borough,
21have custody of the corporate seal and deliver to the
22secretary's successor the seal and all books, papers and
23other records and things belonging to the borough.

24(3) Certify copies of any book, paper, record, bylaw,
25rule, regulation, resolution, ordinance or proceeding of the
26borough under the seal of the borough. The copies, if
27certified, shall be admissible in evidence in any court of
28this Commonwealth.

29(4) Attest the execution of all instruments, record all
30ordinances and attest the same by the secretary's signature

1and file of record proof of service of all notices required
2by law. The secretary's certificate shall be good evidence of
3notice.

4(5) Inform council and the public as required by 65
5Pa.C.S. Ch. 7 (relating to open meetings) of all borough
6meetings, including special meetings of council.

7(c) Necessary documents.--The borough shall furnish the
8secretary with the necessary dockets, books, forms and files as
9are necessary for the conduct of the office, which documents
10shall be and remain the property of the borough.

11§ 1112. Assistant secretary.

12A council may, by resolution, appoint an assistant secretary.
13The assistant secretary shall assist the secretary in the
14performance of the secretary's duties and, in case of absence or
15disability of the secretary, perform the duties and may exercise
16the powers of the secretary. The assistant secretary may be
17appointed from the membership of the council but shall not be
18any other officer of the council. Council may appoint the
19assistant secretary as the assistant treasurer if the assistant
20secretary is not a member of council.

21§ 1113. Records open to inspection.

22The fiscal records and documents and the minute book and
23other records and documents of every borough shall be open in
24accordance with the act of February 14, 2008 (P.L.6, No.3),
25known as the Right-to-Know Law.

26SUBCHAPTER D

27SOLICITOR

28Sec.

291116. Solicitor to have control of legal matters.

301117. Duties of solicitor and outside counsel.

11118. Assistant solicitor.

2§ 1116. Solicitor to have control of legal matters.

3The legal matters of the borough shall be under the control
4of the borough solicitor. No department or officer of the
5borough, except as otherwise provided by law, shall employ an
6additional counsel without the assent or ratification of the
7council. The borough solicitor must be licensed to practice law
8in this Commonwealth and may be one person or a law firm,
9partnership, association or professional corporation. The
10borough solicitor serves at the pleasure of council. In the
11absence of the solicitor, the law firm of which the solicitor is
12a member or associate may perform any of the duties or functions
13of the solicitor.

14§ 1117. Duties of solicitor and outside counsel.

15(a) General rule.--The borough solicitor shall:

16(1) Prepare or approve, if directed or requested to do
17so by council or the mayor, any bonds, obligations,
18contracts, leases, conveyances, ordinances and assurances to
19which the borough or any department of the borough may be a
20party.

21(2) Commence and prosecute all actions brought by the
22borough for or on account of any of the estates, rights,
23trusts, privileges, claims or demands of the borough, as well
24as defend the borough or any borough officer against all
25actions or suits brought against the borough or borough
26officer in which any of the estates, rights, privileges,
27trusts, ordinances or accounts of the borough may be brought
28in question before any court in this Commonwealth.

29(3) Furnish the council or committees of the council,
30the mayor or the head of a department, upon request, with an

1opinion in writing upon any question of law which may be
2submitted by any of them in their official capacities.

3(4) Perform every other professional act incident to the
4office which the borough solicitor may be authorized or
5required to do by the council or the mayor.

6(b) Outside counsel.--In the case of a legal dispute between
7the mayor and council or in any other case in which
8representation of the mayor and council by the borough solicitor
9would create a conflict of interest for the borough solicitor,
10the mayor may employ outside counsel at borough expense, not to
11exceed $4,000 in any 12-month period, to perform necessary legal
12services.

13§ 1118. Assistant solicitor.

14A council may, by resolution, appoint an assistant solicitor
15to assist the solicitor in the performance of the solicitor's
16duties and, in the absence or disability of the solicitor, to
17perform the duties and exercise the powers of the solicitor.

18SUBCHAPTER E

19POLICE

20Sec.

211121. Council's powers concerning police.

221122. Police serving under cooperative agreement or contract.

231123. Police badge.

241123.1. Mayor's powers concerning police.

251124. Suspension by mayor.

261125. Compensation.

271126. (Reserved).

281127. School crossing guards.

29§ 1121. Council's powers concerning police.

30(a) Establishment of police department.--Council may, by

1ordinance, establish a police department. If council establishes
2a police department, the following shall apply:

3(1) Council may appoint police officers, subject to
4Subchapter J (relating to civil service for police and fire
5apparatus operators).

6(2) Council may remove, suspend or reduce in rank any
7police officer:

8(i) in accordance with the act of June 15, 1951
9(P.L.586, No.144), entitled "An act regulating the
10suspension, removal, furloughing and reinstatement of
11police officers in boroughs and townships of the first
12class having police forces of less than three members,
13and in townships of the second class"; or

14(ii) subject to Subchapter J.

15(3) Council shall designate the ranks in the police
16department and the duties of each rank and may designate one
17of the police officers as chief of police.

18(4) Council may assign any member of the police
19department to attend training classes offered by the Federal
20or State Government and may pay the police officer's expenses
21while attending the school.

22(5) Council shall determine the total weekly hours of
23employment that shall apply to the police officers.

24(b) Powers of borough police officers.--A borough police
25officer shall have those powers and abilities as are granted to
26police officers under the laws of this Commonwealth, the rules
27of the Supreme Court or the ordinances of the borough for which
28a fine or penalty is imposed unless otherwise excepted in this 
29part.

30(c) Ratification.--In any case in which a borough has

1previously appointed police officers or established a police
2department by action of council but not under an ordinance
3regularly enacted, the action shall be deemed to have been a
4valid exercise of the legislative power of the borough, and all
5police officers appointed shall occupy the same status and shall
6have the same rights and privileges as in the case of police
7officers appointed under authority of an ordinance.

8(d) Political participation.--No police officer may
9participate in any political or election campaign while on duty
10or in uniform or while using borough property otherwise than to
11exercise the officer's right of suffrage.

12§ 1122. Police serving under cooperative agreement or contract.

13(a) General rule.--If a borough enters into a cooperative
14agreement or contract with any municipal corporation, regional
15police force or other governmental entity created by two or more
16municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A
17(relating to intergovernmental cooperation) for the furnishing
18or receiving of police protection as authorized by section
191202(35) (relating to specific powers), the police force of the
20municipal corporation, regional police force or other
21governmental entity furnishing the police protection shall be
22appointed and accepted as the police force of the borough
23receiving the police service by resolution of the council.

24(b) Employment status.--Police officers of the police force
25of a municipal corporation, regional police force or other
26government entity so appointed shall, insofar as civil service
27and pensions are concerned, be deemed to be appointees and
28employees only of the municipal corporation, regional police
29force or other government entity furnishing their service and
30making the original appointment.

1§ 1123. Police badge.

2Borough police officers shall wear a shield or badge with the
3word "Police" when on duty.

4§ 1123.1. Mayor's powers concerning police.

5(a) General rule.--The mayor shall have full charge and
6control of the chief of police and the police force.

7(b) Direction.--The mayor shall direct the time during
8which, the place where and the manner in which the chief of
9police and the police force perform the duties of their rank.

10(c) Delegation of duties.--The mayor may delegate to the
11chief of police or other officer supervision over and
12instruction to subordinate officers in the manner of performing
13their duties.

14(d) Appointment of special police.--The mayor may appoint
15special police during an emergency in which the safety and
16welfare of the borough and the public is endangered.

17(e) Auxiliary police.--The mayor may activate auxiliary
18police in accordance with general law and, notwithstanding any
19other provision of law, may activate auxiliary police for
20purposes of crowd and traffic control for limited periods during
21events if, in the mayor's discretion, public safety is promoted
22by the activation of the auxiliary police.

23§ 1124. Suspension by mayor.

24(a) General rule.--In addition to the powers of council to
25suspend police officers, the mayor may, for cause and without
26pay, suspend any police officers until the succeeding regular
27meeting of the council at which time or later the council may,
28subject to Subchapter J (relating to civil service for police 
29and fire apparatus operators), if they are in effect at the
30time, suspend, discharge, reduce in rank or reinstate with pay

1the police officers.

2(b) Reinstatement.--

3(1) A police officer suspended by the mayor may not be
4reinstated by council at a date earlier than ten working days
5from the date fixed by the mayor for the suspension to
6commence.

7(2) In any case in which the council has reinstated a
8police officer after having been suspended by the mayor, the
9mayor shall not suspend the police officer for reasons:

10(i) arising from the same act for which the first
11suspension was made; or

12(ii) that the council, in reinstating the police
13officer, determined not to be grounds for suspension.

14§ 1125. Compensation.

15Borough police and special police appointed by the mayor
16shall receive compensation as fixed by the council.

17§ 1126. (Reserved).

18§ 1127. School crossing guards.

19(a) Appointment.--

20(1) Upon request by the board of school directors of the
21school district in which a borough is wholly or partially
22located, the council may appoint school crossing guards who
23shall have the duty of controlling and directing traffic and
24pedestrians at or near schools and who shall be in suitable
25and distinctive uniform.

26(2) While on duty, school crossing guards shall be under
27and subject to the direction of the mayor, shall serve at the
28pleasure of the council, except as noted in subsection (b),
29shall not be subject to Subchapter J (relating to civil
30service for police and fire apparatus operators) and shall

1not be entitled to participate in any borough pension plan or
2plans.

3(3) (i) The compensation of the school crossing guards,
4if any, shall be fixed by the council and shall be
5jointly paid by the council and the board of school
6directors, in a ratio to be determined by the council and
7board of school directors.

8(ii) If the council and board of school directors
9are unable to determine the ratio of compensation of the
10school crossing guards to be paid by the council and the
11board, each shall pay one-half of the compensation of the
12crossing guards.

13(4) Notwithstanding any other provision of law,
14auxiliary police officers, appointed as prescribed by general
15law, may be designated to serve as crossing guards.

16(b) Ordinance.--

17(1) The council may enact an ordinance allowing a board 
18of school directors to assume hiring and oversight of school 
19crossing guards. Before the council may enact the ordinance, 
20the board of directors of the school district must adopt a 
21resolution requesting the authority to assume the hiring and 
22oversight of school crossing guards.

23(2) The ordinance enacted by the council shall outline 
24how the police department will provide any necessary training 
25and assistance of the school crossing guards while on duty.

26(3) School crossing guards shall be authorized in the
27management of traffic and pedestrians in and around areas
28identified by the police department and the school district
29superintendent or the superintendent's designees.

30(4) School crossing guards shall not:

1(i) Be subject to the civil service provisions of 
2this part.

3(ii) Be considered part of the bargaining unit of 
4the school district.

5(iii) Be considered:

6(A) An employee as defined under section 1101-A 
7of the act of March 10, 1949 (P.L.30, No.14), known 
8as the Public School Code of 1949.

9(B) A school employee as defined under 24 
10Pa.C.S. § 8102 (relating to definitions).

11(C) An employee under any plan.

12(5) After the ordinance is enacted by the council, the 
13school district shall assume the cost of compensation, 
14including fixing compensation, if any, of the school crossing 
15guards.

16(6) Notwithstanding any other provision of law,
17auxiliary police officers, appointed as prescribed by general
18law, may be hired by the school district to serve as school
19crossing guards.

20(7) The board of school directors shall notify the
21council of the individuals hired to serve as school crossing
22guards and request the necessary training or assistance be
23provided as outlined by the ordinance.

24SUBCHAPTER F

25POLICE PENSION FUND IN

26BOROUGHS HAVING POLICE FORCE

27OF LESS THAN THREE MEMBERS

28Sec.

291131. Police pension fund.

301132. Private police pension funds and optional transfers.

1§ 1131. Police pension fund.

2(a) Authorization to establish.--If a police force of less
3than three full-time members is being maintained, the borough
4may, unless there is a private organization or association
5constituting and managing an existing pension fund for the
6members of the police force in the borough, by ordinance,
7establish a police pension fund into which each member of the
8police force shall pay an equal and proportionate monthly charge
9to be withheld from the pay of the member.

10(b) Investment and insurance instruments as alternative.--In
11lieu of establishing a pension fund in accordance with
12subsection (a), the borough may, by ordinance, provide
13investment or insurance instruments for the purpose of the
14payment of pensions or annuities to the members of the police
15force who receive honorable discharge by reason of age or
16disability and to the families of police officers injured or
17killed in service.

18(c) Administration.--

19(1) All pension funds or investment or insurance
20instruments established under this section shall be under the
21direction of the council, or a committee as it may designate,
22and shall be applied under regulations as the council may, by
23ordinance, prescribe for the benefit of the members of the
24police force who receive honorable discharge by reason of age
25or disability and the families of police officers injured or
26killed in service.

27(2) Council shall appoint by resolution a chief
28administrative officer who shall have the primary
29responsibility for the execution of the administrative
30affairs of the pension plan, subject to the direction of

1council.

2(3) Any allowances made to individuals who retire by
3reason of disability or age shall be in conformity with a
4uniform scale.

5(d) Eligibility.--The ordinance establishing the police
6pension fund shall prescribe a minimum period of total service,
7a minimum age or both after which members of the force may be
8eligible for retirement from active duty.

9(e) Obligation of payments.--Payments made on account of
10police pensions shall not be a charge on any fund in the
11treasury of the borough or under its control except the police
12pension fund.

13(f) Funding.--A borough establishing a police pension fund
14by ordinance under this section shall provide from any available
15borough revenue source funding of the police pension fund in an
16amount sufficient to meet the minimum obligation of the borough
17with respect to the police pension fund under the act of
18December 18, 1984 (P.L.1005, No.205), known as the Municipal
19Pension Plan Funding Standard and Recovery Act.

20(g) Management.--

21(1) A borough may take, by gift, grant, devise or
22bequest, any money or property, real, personal or mixed, in
23trust for the benefit of the police pension fund.

24(2) The care, management, investment and disposal of the
25trust funds or property shall be vested in the officers as
26the borough shall direct by ordinance and shall be governed
27by the officers, subject to any directions not inconsistent
28with the ordinance as the donors of the funds and property
29may prescribe.

30(h) Right to equal and proportionate share.--No person

1participating in the police pension fund and becoming entitled
2to receive a benefit from the fund may be deprived of the
3person's right to an equal and proportionate share of the fund
4upon the basis upon which the person first became entitled to
5the benefit.

6(i) Applicable law.--The act of May 29, 1956 (1955 P.L.1804,
7No.600), referred to as the Municipal Police Pension Law, or the
8act of February 1, 1974 (P.L.34, No.15), known as the
9Pennsylvania Municipal Retirement Law, shall govern any borough
10police pension fund not established under the provisions of this
11section.

12§ 1132. Private police pension funds and optional transfers.

13(a) General rule.--If there is a private organization or
14association constituting and managing an existing pension fund
15for the members of the police force in any borough, the borough
16shall establish a police pension for the purpose of paying
17pensions to the members of its police force if the membership of
18the organization or association by a two-thirds vote elects to
19transfer its funds with all its assets and liabilities into a
20borough pension fund as required to be established by this part.

21(b) Assumption of liability--The transfer in subsection (a)
22may be made by the transfer of securities. After the transfer,
23the borough police pension fund shall assume the liability of
24continuing the payment of pensions to members of the police
25force retired prior to the transfer, in accordance with the laws
26and regulations under which the members were retired.

27SUBCHAPTER G

28MANAGER

29Sec.

301141. Borough manager created by ordinance and election.

11142. Powers and duties.

21143. Other offices not incompatible.

3§ 1141. Borough manager created by ordinance and election.

4(a) General rule.--The council of a borough may, at its
5discretion at any time, create by ordinance the office of
6borough manager and may in like manner abolish the office. While
7the office exists, the council shall, from time to time, and if
8there is a vacancy, elect, by a vote of a majority of all the
9members, one person to fill the office.

10(b) Subject to employment agreement.--The borough manager
11shall serve at the pleasure of council, subject to contractual
12rights that may arise under an employment agreement that may be
13entered in accordance with section 1142 (relating to powers and
14duties).

15§ 1142. Powers and duties.

16(a) General rule.--The powers and duties of the borough
17manager shall be regulated by ordinance.

18(b) Employment agreement.--

19(1) Council may enter into an employment agreement with
20the borough manager that specifies the terms and conditions
21of employment.

22(2) The employment agreement may remain in effect for a
23specified period terminating no later than two years after
24the effective date of the agreement or the date of the
25organizational meeting of council following the next
26municipal election, whichever shall occurs first.

27(3) An employment agreement entered into under this
28section may specify conditions under which a borough manager
29will be entitled to severance compensation, but in no event
30may the employment agreement guarantee employment through the

1term of the agreement or confer upon the borough manager any
2legal remedy based on specific performance.

3(4) An employment agreement with a borough manager
4executed on or after a municipal election but before the
5first meeting in January the year after the municipal
6election shall be void.

7(5) The council may delegate to the borough manager by
8ordinance and subject to recall, any of the nonlegislative
9and nonjudicial powers and duties of the council, the
10planning commission and the shade tree commission. With
11approval of council, the mayor may delegate to the borough
12manager any of the mayor's nonlegislative and nonjudicial
13powers and duties.

14§ 1143. Other offices not incompatible.

15The offices of borough manager, street commissioner,
16secretary, treasurer and chief of police shall not be
17incompatible, and any two or more or all of offices may be held
18by one person. Neither the mayor nor any member of the council
19shall be eligible to hold the office of borough manager.

20SUBCHAPTER H

21PLANNING COMMISSION

22(Reserved)

23SUBCHAPTER I

24MINE AND QUARRY INSPECTION

25AND SURFACE SUPPORT

26(Reserved)

27SUBCHAPTER J

28CIVIL SERVICE FOR POLICE AND

29FIRE APPARATUS OPERATORS

30Sec.

11170. Definitions.

21171. Appointments of police and fire apparatus operators.

31172. Civil service commission.

41173. Offices incompatible with civil service commissioner.

51174. Organization of commission.

61175. Clerks, supplies and solicitor.

71176. Rules and regulations.

81177. Minutes and records.

91178. Investigations.

101179. Subpoenas.

111180. Annual report.

121181. General provisions relating to examinations.

131182. Application for examination.

141183. Rejection of applicant and hearing.

151184. Eligibility list and manner of filling appointments.

161185. Age and residency of applicants.

171186. Probationary period.

181187. Provisional appointments.

191188. Promotions.

201189. Physical and psychological medical examination.

211190. Removals.

221191. Hearings on dismissals and reductions.

231192. Employees exempted.

241193. Discrimination on account of political or religious
25affiliations.

261194. Penalty.

27§ 1170. Definitions.

28The following words and phrases when used in in this
29subchapter shall have the meanings given to them in this section
30unless the context clearly indicates otherwise:

1"Fire apparatus operator." A person who operates fire
2apparatus and devotes his normal working hours to operating any
3piece of fire apparatus or other services connected with fire
4protection work and who is paid a stated salary or compensation
5for the work by the borough.

6"Police force." A police force organized and operating as
7prescribed by law, the members of which devote their normal
8working hours to police duty or duty in connection with the
9bureau, agencies and services connected with police protection
10work and who are paid a stated salary or compensation for the
11work by the borough. As used in this subchapter, the term shall
12not include any of the following:

13(1) Special police appointed by the mayor to act in
14emergencies.

15(2) A person appointed solely for parking meter
16enforcement duties.

17(3) Special school police.

18(4) Extra police serving from time to time or on an
19hourly or daily basis.

20(5) An auxiliary policeman appointed under the act of
21January 14, 1952 (1951 P.L.2016, No.561), entitled "An act
22providing for supplementing the police forces of cities,
23boroughs, towns and townships, for the appointment, powers
24and control of auxiliary police therein, and for the transfer
25during disasters and emergencies of such auxiliary police,
26members of the regular police forces, and police equipment
27thereof."

28§ 1171. Appointments of police and fire apparatus operators.

29(a) Nonapplicability of subchapter.--This subchapter shall
30not apply to:

1(1) a borough that has a police force of less than three
2members;

3(2) a borough that has a police force of three or more
4members if those members in excess of two are appointed on a
5temporary basis through a federally funded program;

6(3) a volunteer fire department or company that employs
7its own operators; or

8(4) a borough that has less than three salaried fire
9apparatus operators.

10(b) Compensation.--This subchapter is subject to the power
11of council to determine compensation.

12(c) Appointments and promotions.--An appointment to and
13promotion in the police force or as fire apparatus operator paid
14directly by a borough and in the borough shall be made only
15according to qualifications and fitness, to be ascertained by
16examinations which shall be competitive as provided in this
17part.

18(d) Suspension, removal and reduction in rank.--No person
19shall be suspended, removed or reduced in rank as a paid
20employee in any police force or as a paid fire apparatus
21operator of a borough, except in accordance with this
22subchapter.

23(e) Retirement.--Nothing in this subchapter shall apply to
24retirement, nor shall anything in this subchapter be construed
25to prevent a borough from adopting a compulsory retirement age
26for its employees or for any class of employees and from
27retiring all employees automatically when they reach that age.

28§ 1172. Civil service commission.

29(a) Establishment.--A civil service commission is
30established in each borough where a police force or paid fire

1apparatus operators are maintained.

2(b) Membership and terms.--The commission shall consist of
3three commissioners who shall be qualified electors of the
4borough and appointed by the council initially to serve for the
5terms of two, four and six years. As terms expire, the
6commissioners shall be appointed for terms of six years.

7(c) Vacancies.--A vacancy occurring in the commission for
8any reason shall be filled by the council for the unexpired term
9within the period of 30 days after the vacancy occurs.

10(d) Alternate members.--

11(1) Council may appoint no more than three qualified
12electors of the borough to serve as alternate members of the
13commission. The term of office of the alternate members shall
14be six years.

15(2) If seated under section 1174 (relating to 
16organization of commission), an alternate shall be entitled
17to participate in all proceedings and discussions of the
18commission to the same and full extent as provided by law for
19commission members, including specifically the right to cast
20a vote as a voting member during the proceedings, and shall
21have all the powers and duties specified in this part and as
22otherwise provided by law.

23(3) An alternate member may not hold another office in
24the borough.

25(4) An alternate may participate in any proceeding or
26discussion of the commission but may not vote as a member of
27the commission unless designated as a voting alternate member
28under section 1174.

29(e) Oath or affirmation of office.--Each member of the
30commission, before entering upon the discharge of the duties of

1office, shall take an oath or affirmation of office under 53
2Pa.C.S. § 1141 (relating to form of oaths of office).

3(f) Compensation prohibited.--The civil service
4commissioners shall receive no compensation.

5§ 1173. Offices incompatible with civil service commissioner.

6No commissioner shall at the same time hold an elective or
7appointed office under the Federal Government, this Commonwealth
8or any political subdivision of the Commonwealth, except that
9one member of the commission may be a member of the council and
10one may be a member of the teaching profession.

11§ 1174. Organization of commission.

12(a) General rule.--The commission first appointed shall
13organize within ten days of its appointment and shall elect one
14of its members as the chair and one as the secretary. The
15commission shall meet and organize on the first Monday of each
16even-numbered year. Each commissioner shall be notified in
17writing of each and every meeting.

18(b) Quorum.--Three members of the commission shall
19constitute a quorum. If, by reason of absence or
20disqualification of a member a quorum is not reached, the chair
21shall designate as many alternate members of the commission to
22sit on the commission as may be needed to provide a quorum.

23(c) Alternate members.--

24(1) An alternate member of the commission shall continue
25to serve on the commission in all proceedings involving the
26matter or case for which the alternate was initially
27designated until the commission has made a final
28determination of the matter or case.

29(2) Designation of an alternate member under this
30section shall be made on a case-by-case basis in rotation

1according to declining seniority among the alternates.

2(d) Validity of commission action.--No action of the
3commission may be valid unless it shall have the concurrence of
4at least two members.

5§ 1175. Clerks, supplies and solicitor.

6The borough shall:

7(1) Furnish to the commission, on its requisition,
8clerical assistance that may be necessary for the work of the
9commission.

10(2) Provide a suitable and convenient room for the use
11of the commission. The commission shall order from the
12borough the necessary stationery, postage, printing and
13supplies.

14(3) Provide the services of a solicitor for the
15commission to be appointed by the commission and paid by the
16borough. The borough may place a reasonable limit on the
17amount allowed each year for the services of the commission
18solicitor.

19(4) Through its elected and appointed officials, aid the
20commission in all proper ways in carrying out the provisions
21of this subchapter relating to civil service.

22§ 1176. Rules and regulations.

23(a) General rule.--The commission may prescribe, amend and
24enforce rules and regulations for carrying into effect this
25subchapter and shall be governed by the rules and regulations.
26Before the effective date of the rules and regulations or
27amendments to them, they shall be first approved by council. If
28the rules and regulations or amendments have been approved, they
29shall not be annulled, amended or added to without the approval
30of council.

1(b) Public distribution and inspection.--All rules and
2regulations and modifications shall be made available by the
3borough for public distribution or inspection.

4§ 1177. Minutes and records.

5The commission shall maintain minutes of its proceedings and
6records of examinations and other official actions. All
7recommendations of applicants for appointment received by the
8commission shall be kept and preserved for a period of five
9years, and all records and all written causes of removal filed
10with the commission, except as otherwise provided in section
111191 (relating to hearings on dismissals and reductions), shall
12be open to public inspection and subject to reasonable
13regulation.

14§ 1178. Investigations.

15The commission may conduct investigations concerning all
16matters touching the administration and enforcement of this
17subchapter and rules and regulations adopted under this
18subchapter. The chair of the commission may administer oaths and
19affirmations in connection with the investigations.

20§ 1179. Subpoenas.

21(a) General rule.--The commission may issue subpoenas over
22the signature of the chair to require the attendance of
23witnesses and the production of records and papers pertaining to
24any investigation or inquiry. The fees of witnesses for
25attendance and travel shall be the same as for witnesses
26appearing in the courts and shall be paid from appropriations
27for the incidental expenses of the commission.

28(b) Persons required to attend.--All officers in public
29service and employees shall attend and testify if required to do
30so by the commission.

1(c) Penalty for violation.--If any person refuses or
2neglects to obey a subpoena issued by the commission, the person
3shall, upon conviction, be sentenced to pay a fine not to exceed
4$100 and, in default of the payment of the fine and costs, shall
5be imprisoned for a term not to exceed 30 days.

6(d) Petition to court.--If a person refuses or neglects to
7obey a subpoena issued by the commission, the commission may
8apply by petition to the court of common pleas of the county for
9its subpoena requiring the attendance of the person before the
10commission or the court to testify and to produce any records
11and papers necessary and, if the person defaults, the person
12shall be held in contempt of court.

13§ 1180. Annual report.

14The commission shall make an annual report to the council
15containing a brief summary of its work during the year which
16shall be available for public inspection.

17§ 1181. General provisions relating to examinations.

18(a) Rules and regulations.--

19(1) The commission shall make rules and regulations, to
20be approved as provided in section 1176 (relating to rules
21and regulations), providing for the examination of applicants
22for positions in the police force and as paid fire apparatus
23operators and for promotions, which rules and regulations
24shall prescribe the minimum qualifications of all applicants
25to be examined and the passing grades.

26(2) All examinations for positions or promotions shall
27be practical in character and shall relate to matters and
28include inquiries as will fairly test the merit and fitness
29of the persons examined to discharge the duties of the
30employment sought by them.

1(3) All examinations shall be open to all applicants who
2have the minimum qualifications required by the rules and
3regulations.

4(4) Each applicant for an original position shall:

5(i) Be subject to the regulations adopted by the
6commission.

7(ii) Either before or after the written examination,
8submit to a physical fitness or agility examination that
9is job related and consistent with business necessity.

10(iii) If made a conditional offer of employment, be 
11given a physical and psychological medical examination as
12provided in section 1189 (relating to physical and 
13psychological medical examination).

14(iv) Be subject to a background investigation.
15Background investigations may be restricted to those
16candidates on an eligibility list or those to be
17certified to council for appointment in accordance with
18section 1184 (relating to eligibility list and manner of 
19filling appointments).

20(a.1) Promotions.--

21(1) An applicant for promotion shall be subject to the
22regulations adopted by the commission and to examination and
23selection in accordance with section 1188 (relating to 
24promotions).

25(2) A physical fitness or agility examination that is
26job related and consistent with business necessity and
27physical and psychological medical examinations may, but need
28not, be required for a promotion.

29(b) Public notice.--Public notice of the time and place of
30every examination, together with the information as to the kind

1of position to be filled, shall be given by publication once in
2a newspaper of general circulation, at least two weeks prior to
3each examination, and a copy of the notice shall be prominently
4posted in the office of the commission or other public place.

5(c) Posting of eligibility list.--The commission shall post
6in its office the eligibility list containing the names and
7grades of those who have passed the examination.

8§ 1182. Application for examination.

9A person who desires to apply for examination must file with
10the commission a formal application in which the applicant shall
11provide, under oath or affirmation, the following information:

12(1) Full name and residence or post office address.

13(2) Citizenship and place and date of birth.

14(3) Condition of health and physical capacity for public
15service.

16(4) Business or employment and the applicant's residence
17for the past five years.

18(5) Other information as may be required by the
19commission's rules and regulations, showing the applicant's
20qualifications for the position for which the applicant is
21being examined.

22§ 1183. Rejection of applicant and hearing.

23(a) General rule.--The commission may refuse to examine or, 
24if examined, may refuse to certify after examination as eligible 
25any applicant who:

26(1) is found to lack any of the minimum qualifications
27for examination prescribed in the rules and regulations
28adopted for the position or employment for which the
29applicant has applied;

30(2) is physically unfit for the performance of the

1duties of the position to which the applicant seeks
2employment;

3(3) is illegally using a controlled substance, as 
4defined in section 102 of the Controlled Substances Act 
5(Public Law 91-513, 21 U.S.C. § 802);

6(4) has been guilty of any crime involving moral 
7turpitude or of infamous or notoriously disgraceful conduct;

8(5) has been dismissed from public service for
9delinquency or misconduct of office; or

10(6) is affiliated with any group whose policies or
11activities are subversive to the form of government
12enumerated in the Constitutions and laws of the United States
13and this Commonwealth.

14(b) Hearing requirements.--

15(1) If an applicant is aggrieved by the refusal of the
16commission to certify the applicant as eligible after
17examination or a person is aggrieved by refusal of the
18commission to examine the person, the commission shall, at
19the request of the applicant or person aggrieved, within ten
20days, appoint a time and place for a public hearing.

21(2) At the hearing, the applicant or person aggrieved
22may appear with or without counsel, and the commission shall
23take testimony and review its refusal to provide examination
24or certification.

25(3) The deliberations of the commission, including
26interim rulings on evidentiary or procedural issues, may be
27held in the nature of a closed executive session.

28(4) The commission's disposition of the matter shall
29constitute official action which shall occur at a public
30meeting held under 65 Pa.C.S. Ch. 7 (relating to open

1meetings).

2(5) The decision of the commission shall be final.

3§ 1184. Eligibility list and manner of filling appointments.

4(a) Ranking of candidates.--

5(1) At the completion of the testing process, including
6a physical agility or other examination, with the exception
7of a background investigation to be conducted after the
8establishment of an eligibility list and physical and
9psychological medical examination under section 1189
10(relating to physical and psychological medical examination),
11the commission shall rank the candidates who have satisfied
12the minimum requirements for appointment on an eligibility
13list.

14(2) The eligibility list shall contain the names of
15individuals eligible for appointment listed from highest to
16lowest based on their scores on the examinations administered
17by the commission and any points for which an applicant was
18entitled by virtue of 51 Pa.C.S. Ch. 71 (relating to
19veterans' preference).

20(3) The eligibility list will be valid for one year from 
21the date the commission formally adopts the eligibility list.

22(4) Prior to expiration of the one-year period, the 
23commission may extend the validity of the eligibility list 
24for up to an additional 12 months by a majority vote of the 
25commission at a duly authorized commission meeting.

26(5) In the absence of a lawful extension by the
27commission under paragraph (4), the list shall expire.

28(b) Procedure for filling positions.--Except as provided in
29subsection (c), every original position or employment in the
30police force or as paid fire apparatus operators, except that of

1chief of police or chief of the fire department, or equivalent,
2shall be filled only in the following manner:

3(1) The council shall notify the commission of any
4vacancy which is to be filled and shall request the
5certification of an eligibility list.

6(2) The commission shall certify for each existing
7vacancy from the eligibility list the names of the three
8persons or a lesser number, if three are not available, who
9have received the highest average.

10(3) The council shall make a conditional appointment
11from the three names certified, based solely on the merits
12and fitness of the candidates, unless council makes
13objections to the commission regarding one or more of the
14certified persons for any of the reasons stated in section
151183 (relating to rejection of applicant and hearing).

16(4) If the objections are sustained by the commission as
17provided in section 1183 or the conditional appointee is
18determined to be unqualified in accordance with the
19procedures specified in section 1189, the commission shall
20strike the name of the person from the eligibility list and
21certify the next highest name for each name stricken from the
22eligibility list.

23(5) As each subsequent vacancy occurs in the same or
24another position, the same procedure shall be followed.

25(c) Vacancies in existing positions.--

26(1) Any vacancy in an existing position in the police
27force or as a paid fire apparatus operator which occurs as a
28result of retirement, resignation, disability or death may be
29filled by council by the reappointment or reinstatement of a
30former employee of the police force or fire department who

1had previously complied with this section.

2(2) No examination, other than a physical examination as
3directed by the civil service commission, shall be required
4in any case of reappointment or reinstatement.

5(d) Vacancies in certain offices.--

6(1) In the case of a vacancy in the office of chief of
7police or chief of the fire department, or equivalent
8official, the council may nominate a person to the
9commission.

10(2) The commission shall subject the nominated person to
11a noncompetitive examination and, if the person is certified
12by the commission as qualified, the person may then be
13appointed to the position and shall be subject to this
14subchapter.

15§ 1185. Age and residency of applicants.

16No person shall be eligible to apply for examination unless
17the person is at least 18 years of age at the date of
18application. An applicant need not be a resident of the borough.
19The council of the borough may authorize the commission, by rule
20or regulation, to require police officers and paid fire
21apparatus operators to become residents of the borough after
22appointment to the positions.

23§ 1186. Probationary period.

24(a) General rule.--An original appointment to a position in
25the police force or as a paid fire apparatus operator shall be
26for a probationary period of not less than six months and not
27more than one year, but during the probationary period an
28appointee may be dismissed only for a cause specified in section
291183 (relating to rejection of applicant and hearing) or because 
30of incapacity for duty due to the use of alcohol or drugs.

1(b) Notice denying permanent appointment.--

2(1) If, at the close of a probationary period, the
3conduct or fitness of the probationer has not been
4satisfactory to the council, the probationer shall be
5notified in writing that the probationer will not receive a
6permanent appointment and the appointment shall cease.

7(2) If the probationer is not notified or dismissed in
8accordance with this section, the probationer's retention
9shall be equivalent to a permanent appointment.

10(c) Finality of decision.--The decision of a borough to
11suspend or discharge a probationer shall be final and shall not
12be subject to the hearing provisions of section 1191 (relating
13to hearings on dismissals and reductions).

14§ 1187. Provisional appointments.

15(a) General rule.--If there are urgent reasons for the
16filling of a vacancy in a position in the police force and there
17are no names on the eligibility list for the appointment, the
18council may nominate a person to the commission for
19noncompetitive examination, and, if the nominee shall be
20certified by the commission as qualified after noncompetitive
21examination, the nominee may be appointed provisionally to fill
22the vacancy.

23(b) Competitive examination required.--

24(1) Within three weeks of the provisional appointment,
25the commission shall hold a competitive examination and
26certify an eligibility list. A regular appointment shall then
27be made from the name or names submitted by the commission.

28(2) Nothing in this section shall be construed to
29prevent the appointment, without examination, of persons
30temporarily as police officers in cases of riot or other

1emergencies or as fire apparatus operators in emergency
2cases.

3§ 1188. Promotions.

4(a) General rule.--A promotion shall be based on merit to be
5ascertained by an examination to be prescribed by the
6commission. All questions relative to a promotion shall be
7practical in character and fairly test the merit and fitness of
8persons seeking promotion.

9(b) Notification of vacancy.--Council shall notify the
10commission of a vacancy in the police force or as a paid fire
11apparatus operator in the borough which is to be filled by
12promotion and shall request the certification of an eligibility
13list.

14(c) Certification required.--

15(1) The commission shall certify for each vacancy the
16names of three persons on the eligibility list who have
17received the highest average in the last preceding
18promotional examination held within a period of two years
19preceding the date of the request for the eligibility list.

20(2) If three names are not available, the commission
21shall certify the names remaining on the eligibility list.

22(3) The council shall make an appointment from the names
23certified, based solely on the merits and fitness of the
24candidate, unless council makes objections to the commission
25regarding one or more of the persons so certified for any
26reason provided under section 1183 (relating to rejection of
27applicant and hearing).

28(d) Increase in salary as promotion.--The council may
29determine in each instance whether an increase in salary
30constitutes a promotion.

1§ 1189. Physical and psychological medical examination.

2(a) Conditional offer of employment.--

3(1) An applicant selected from the eligibility list
4shall receive a conditional offer of employment. The offer of
5employment shall be conditioned upon the conditional
6appointee undergoing a physical and psychological medical
7examination and a determination that the conditional
8appointee is capable of performing all the essential
9functions of the position.

10(2) Physical medical examinations shall be conducted
11under the direction of a physician or other qualified medical
12professional.

13(3) Psychological medical examinations shall be
14conducted under the direction of a psychiatrist or
15psychologist.

16(b) Opinion to be rendered.--The physician, other qualified
17medical professional, psychiatrist or psychologist must be
18appointed by council and shall render an opinion as to whether
19the conditional appointee has a physical or mental condition
20which calls into question the person's ability to perform all of
21the essential functions of the position for which the person was
22conditionally appointed.

23(c) Interactive discussion with conditional appointee.--If
24the opinion rendered by the physician, other qualified medical
25professional, psychiatrist or psychologist calls into question
26the conditional appointee's ability to perform all essential
27functions of a position, the person designated by council shall
28meet with the conditional appointee for the purpose of having
29one or more interactive discussions on whether the conditional
30appointee can, with or without reasonable accommodation, perform

1all the essential functions of the position.

2(d) Written notice after interactive discussion.--If, at the
3conclusion of the interactive discussion conducted under
4subsection (c), council determines that the conditional
5appointee is not qualified, council shall give written notice to
6the conditional appointee and the commission.

7(e) Construction.--Nothing in this part shall be construed
8to authorize physical or psychological medical examinations
9prior to conditional appointment.

10(f) Definitions.--The following words and phrases used in 
11this section shall have the meanings given to them in this 
12subsection unless the context clearly indicates otherwise:

13"Medical examination." An examination, procedure, inquiry or 
14test designed to obtain information about medical history or a 
15physical or mental condition which might disqualify an applicant 
16for a position if it would prevent the applicant from 
17performing, with or without a reasonable accommodation, all of 
18the essential functions of the position.

19"Physician." The term shall have the meaning given to it
20under 1 Pa.C.S. § 1991 (relating to definitions).

21"Qualified medical professional." An individual, in
22collaboration with or under the supervision or direction of a
23physician, as may be required by law, who is licensed:

24(1) as a physician assistant under the act of December
2520, 1985 (P.L.457, No.112), known as the Medical Practice Act
26of 1985, or the act of October 5, 1978 (P.L.1109, No.261),
27known as the Osteopathic Medical Practice Act; or

28(2) as a certified registered nurse practitioner under
29the act of May 22, 1951 (P.L.317, No.69), known as The
30Professional Nursing Law.

1§ 1190. Removals.

2(a) General rule.--No person employed in any police or fire
3force of any borough may be suspended without pay, removed or
4reduced in rank except for the following reasons:

5(1) Physical or mental disability affecting the person's
6ability to continue in service, in which cases the person
7shall receive an honorable discharge from service.

8(2) Neglect or violation of any official duty.

9(3) Violation of any law if the violation constitutes a
10misdemeanor or felony.

11(4) Inefficiency, neglect, intemperance, immorality,
12disobedience of orders or conduct unbecoming of an officer.

13(5) Intoxication while on duty.

14(6) Engaging or participating in the conduct of a
15political or election campaign while on duty or in uniform or
16while using borough property otherwise than to exercise the
17person's own right of suffrage.

18(7) Engaging or participating in the conduct of a
19political or election campaign for an incompatible office as
20provided in section 1104(f) (relating to appointments and
21incompatible offices).

22(b) Restriction.--A person employed by a police or fire 
23force shall not be removed for religious, racial or political
24reasons.

25(c) Statement of charges.--A written statement of charges
26made against a person shall be furnished to the person within
27five days after the statement of charges is filed. The person
28shall have ten days from the date of receiving the notice to
29submit a written request for a hearing to the civil service
30commission under section 1191 (relating to hearings on
 

1dismissals and reductions).

2(d) Furlough.--If, for reasons of economy or other reasons, 
3it shall be deemed necessary by any borough to reduce the number 
4of paid employees of the police or fire force, the borough shall 
5furlough the person, including a probationer, last appointed to 
6the respective force. The removal shall be accomplished by 
7furloughing in numerical order commencing with the person last 
8appointed until the reduction shall have been accomplished. In 
9the event the police force or fire force shall again be 
10increased, the employees furloughed shall be reinstated in the 
11order of their seniority in the service. This subsection as to 
12reductions in force is not applicable to a chief of police.

13§ 1191. Hearings on dismissals and reductions.

14(a) Time of answer and hearing.--A person suspended, removed
15or reduced in rank may make written answers to any charges filed
16against the person not later than the day scheduled for the
17hearing. The commission shall grant the person a hearing that
18shall be held within a period of ten days from the filing of
19written charges, unless continued by the commission for cause at
20the request of the council or the accused. The failure of the
21commission to hold a hearing within ten days from the filing of
22the written charges shall not result in the dismissal of the
23charges filed.

24(b) Conduct of hearing.--At any hearing, the person against
25whom the charges are made may be present in person and by
26counsel. The council may suspend the person, without pay,
27pending the determination of the charges against the person,
28but, in the event the commission fails to uphold the charges,
29the person sought to be suspended, removed or reduced in rank
30shall be reinstated with full pay for the period during which

1the person was suspended, removed or reduced in rank, and no
2charges shall be officially recorded against the person's
3record. A stenographic record of all testimony taken at the
4hearings shall be filed with and preserved by the commission,
5which record shall be sealed and not be available for public
6inspection in the event the charges are dismissed.

7(c) Appeal.--All parties shall have an immediate right of
8appeal to the court of common pleas of the county, and the case
9shall there be determined as the court deems proper. No order of
10suspension made by the commission may be for a longer period
11than one year. The appeal shall be taken within 30 days from the
12date of entry by the commission of its final order and shall be
13by petition. Upon the appeal being taken and docketed, the court
14of common pleas shall schedule a day for a hearing and shall
15proceed to hear the appeal on the original record and additional
16proof or testimony as the parties concerned may desire to offer
17in evidence. The decision of the court affirming or revising the
18decision of the commission shall be final, and the employee
19shall be suspended, discharged, reduced in rank or reinstated in
20accordance with the order of court.

21(d) Proceedings.--The council and the person sought to be
22suspended, removed or reduced in rank shall at all times have
23the right to employ counsel before the commission and upon
24appeal to the court of common pleas. Unless the council or the
25person sought to be suspended, removed or reduced in rank
26requests that the proceedings before the commission be open to
27the public, the proceedings before the commission under this
28section shall be held in the nature of a closed executive
29session that shall not be open to the public. The request shall
30be presented to the commission before the civil service hearing

1commences. The deliberations of the commission, including
2interim rulings on evidentiary or procedural issues, may be held
3in private and shall not be subject to a request for being open
4to the public, the council or the person sought to be suspended,
5removed or reduced in rank. The commission's disposition of the
6disciplinary action shall constitute official action which shall
7occur at a public meeting held pursuant to 65 Pa.C.S. Ch. 7
8(relating to open meetings).

9§ 1192. Employees exempted.

10All appointments in the police or fire forces of boroughs,
11including the chief of police or equivalent official, prior to
12the creation of a commission, shall continue to hold their
13positions and shall not be required to take any examination
14under the provisions of this subchapter, except that which may
15be required for promotion. This section shall not be construed
16to apply to persons employed temporarily in emergency cases.

17§ 1193. Discrimination on account of political or religious
18affiliations.

19(a) Information.--No question in any form of application for
20examination or in any examination shall be so framed as to
21elicit information concerning the political or religious
22opinions or affiliations of any applicant nor shall inquiry be
23made concerning the opinions or affiliations, and all
24disclosures of opinions or affiliations shall be ignored.

25(b) Prohibition.--No discrimination shall be exercised,
26threatened or promised by any person against or in favor of any
27applicant or employee because of political or religious opinions
28or affiliations or race, and no offer or promise or reward,
29favor or benefit, directly or indirectly, shall be made to or
30received by any person for any act done or duty omitted or to be

1done under this subchapter.

2§ 1194. Penalty.

3A member of council who, by vote, appoints any person to the
4police force or as a fire apparatus operator contrary to the
5provisions of this subchapter, or a member of council or member
6of the commission who willfully refuses to comply with or
7conform to the provisions of this subchapter, commits a
8misdemeanor and, upon conviction, shall be sentenced to pay a
9fine not exceeding $100 or to imprisonment not exceeding 90
10days, or both.

11SUBCHAPTER K

12INDEPENDENT AUDITOR

13(Reserved)

14CHAPTER 12

15CORPORATE POWERS

16Sec.

171201. General powers.

181201.1. Real property.

191201.2. Personal property.

201201.3. Exceptions.

211202. Specific powers.

221203. Reserved powers.

23§ 1201. General powers.

24A borough may:

25(1) Have succession perpetually by its corporate name.

26(2) Sue and be sued and complain and defend in the
27courts of this Commonwealth.

28(3) Make and use a common seal and alter the same at its
29discretion.

30(4) Purchase, exchange, acquire by gift or otherwise,

1hold, lease, let and convey, by sale or lease, real and
2personal property deemed to be in the best interest of the
3borough, subject to the restrictions, limitations or
4exceptions as set forth in this chapter.

5§ 1201.1. Real property.

6(a) Sale.--No real estate owned by the borough may be sold
7except upon approval of council by resolution. Additionally, no
8real estate owned by the borough may be sold for a consideration
9in excess of $1,500, except to the highest bidder after due
10notice by advertisement for bids or advertisement of a public
11auction.

12(a.1) Advertisement.--The advertisement shall be published
13once in one newspaper of general circulation not less than ten
14days prior to the date scheduled for the opening of bids or
15public auction. The date for opening bids or public auction
16shall be announced in the advertisement.

17(a.2) Award of contracts.--The award of contracts shall be
18made only by public announcement at a regular or special meeting
19of council or at the public auction. All bids shall be accepted
20on the condition that payment of the purchase price in full
21shall be made within 60 days of the acceptance of bids. If no
22compliant bids are received after advertisement, the applicable
23procedures in the act of October 27, 1979 (P.L.241, No.78),
24entitled, "An act authorizing political subdivisions,
25municipality authorities and transportation authorities to enter
26into contracts for the purchase of goods and the sale of real
27and personal property where no bids are received," shall be
28followed.

29(b) Rejection of bids.--The council shall have the authority
30to reject all bids if the bids are deemed to be less than the

1fair market value of the real property. In the case of a public
2auction, the council may establish a minimum bid based on the
3fair market value of the real property.

4(c) Exception.--Real estate owned by a borough may be sold
5at a consideration of $1,500 or less without advertisement or
6competitive bidding only after council estimates the value of
7the property upon receipt of an appraisal by a qualified real
8estate appraiser.

9(d) Exchange of real property.--

10(1) Notwithstanding this section, council shall have the
11authority to exchange real property for real property of
12equal or greater value without complying with this section,
13if the property being acquired by the borough is to be used
14for municipal purposes. Municipal purposes as used in this
15subsection include a subsequent sale or lease of the property
16to any of the entities listed in section 1201.3 (relating to 
17exceptions).

18(2) Any conveyance of real property acquired in an
19exchange to an entity listed in section 1201.3 may contain a
20clause under which the lands and buildings will revert to the
21borough if they are no longer being used for the purposes of
22the entity.

23(3) If council chooses to exercise its power of real
24property exchange under this section, it shall be by
25resolution adopted by council. Notice of the resolution,
26including a description of the properties to be exchanged,
27shall be published once in one newspaper of general
28circulation not more than 60 days nor fewer than seven days
29prior to adoption.

30(4) Participation in a real property exchange shall not

1prohibit the application of the requirements of the act of
2October 4, 1978 (P.L.851, No.166), known as the Flood Plain
3Management Act.

4§ 1201.2. Personal property.

5(a) Sale.--Except as provided in subsection (b), no borough
6personal property may be disposed of, by sale or otherwise,
7except upon approval of council by resolution. In cases when
8council approves a sale of the property, council shall estimate
9the fair market value of the entire lot to be disposed of. If
10council estimates the fair market value to be $1,000 or more,
11the entire lot shall be advertised for sale once in at least one
12newspaper of general circulation not less than ten days prior to
13the date scheduled for the opening of bids or public auction.
14The date of opening of bids or public auction shall be announced
15in the advertisement, and sale of the property advertised shall
16be made to the best responsible bidder.

17(a.1) Electronic auction sale.--A public auction of personal 
18property may be conducted by means of an online or electronic 
19auction sale. During an electronic auction sale, bids shall be 
20accepted electronically at the time and in the manner designated 
21in the advertisement. During the electronic auction, each bidder 
22shall have the capability to view the bidder's bid rank or the 
23high bid price. Bidders may increase their bid prices during the 
24electronic auction. The record of the electronic auction shall 
25be accessible for public inspection. The purchase price shall be 
26paid by the highest bidder immediately or at a reasonable time 
27after the conclusion of the electronic auction as determined by 
28council. In the event that shipping costs are incurred, they 
29shall be paid by the highest bidder. A borough that has complied 
30with the advertising requirements of this section may provide
 

1additional public notice of the sale by bids or public auction 
2in any manner deemed appropriate by council. The advertisement 
3for electronic auction sales authorized in this paragraph shall 
4include the Internet address or means of accessing the 
5electronic auction and the date, time and duration of the 
6electronic auction.

7(a.2) Rejection of bids.--Council may reject any bids
8received if the bids are believed to be less than the fair
9market value of the property. If no bids are received after
10advertisement, the applicable procedures in the act of October
1127, 1979 (P.L.241, No.78), entitled, "An act authorizing
12political subdivisions, municipality authorities and
13transportation authorities to enter into contracts for the
14purchase of goods and the sale of real and personal property
15where no bids are received," shall be followed.

16(b) Exception for small value sales.--Council shall, by
17resolution, adopt a procedure for the sale of surplus personal
18property, either individual items or lots of items, of an
19estimated fair market value of less than $1,000. The approval of
20council shall not be required for any individual sale that shall
21be made in conformity to the procedure.

22(c) Exchange of personal property.--This section shall not
23be mandatory when borough personal property is to be traded in
24or exchanged for new or used personal property being acquired by
25the borough, except that the trade or exchange shall be by
26resolution.

27§ 1201.3. Exceptions.

28(a) Sale of property.--Nothing under this chapter requiring
29advertising for bids or sale at public auction and sale to the
30highest bidder shall apply if borough real or personal property

1is to be sold to any of the following:

2(1) A county, city, borough, town, township, institution
3district, school district, volunteer fire company, volunteer
4ambulance service or volunteer rescue squad located within
5the borough.

6(2) A council of government, consortium, cooperative or 
7other similar entity created pursuant to 53 Pa.C.S. Ch. 23 
8Subch. A (relating to intergovernmental cooperation).

9(3) An authority as defined in 53 Pa.C.S. § 5602
10(relating to definitions).

11(4) A nonprofit corporation engaged in community
12development or reuse only upon entering into a written
13agreement with the nonprofit corporation that requires the
14property to be used for industrial, commercial or affordable
15housing purposes. This exemption shall not apply to property
16on which existing governmental functions are conducted. This
17exemption shall also not apply to property owned and operated
18by the borough or subcontracted or operated on behalf of the
19borough in order to conduct existing government functions.

20(5) A person for the person's exclusive use in an
21industrial development program.

22(6) A nonprofit corporation organized as a public
23library for its exclusive use as a library.

24(7) A nonprofit medical service corporation as
25authorized under section 1202(50) (relating to specific 
26powers).

27(8) A nonprofit housing corporation as authorized by
28section 1202(51).

29(9) The Federal Government or the Commonwealth.

30(10) A nonprofit museum or historical society for its

1exclusive use as a nonprofit museum or historical society.

2(b) Sales to certain nonprofit corporations.--When real
3property is to be sold to a nonprofit corporation organized as a
4public library for its exclusive use as a library or to a
5nonprofit medical service corporation or to a nonprofit housing
6corporation, council may elect to accept nominal consideration
7for the sale as it shall deem appropriate.

8(c) Reversion.--Real property sold under this section to a
9volunteer fire company, volunteer ambulance service or volunteer
10rescue squad, nonprofit medical service corporation or nonprofit
11housing corporation shall be subject to the condition that when
12the property is not used for the purposes of the company,
13service, squad or corporation the property shall revert to the
14borough.

15§ 1202. Specific powers.

16The powers of the borough shall be vested in the council. In
17the exercise of any specific powers involving the enactment of
18an ordinance or the making of any regulation, restriction or
19prohibition, the borough may provide for enforcement and
20penalties for violations. The specific powers of the borough
21shall include the following:

22(1) To prescribe reasonable fees for the services of the
23borough's officers and to enforce the payment of the fees.
24This paragraph shall not be applicable to the services
25rendered by borough police officers in responding to motor
26vehicle accidents pursuant to 53 Pa.C.S. § 1392 (relating to
27prohibition of fees for police services).

28(2) In the operation of its utilities, parking meters,
29parking lots, recreational facilities and other facilities
30and services, to make and regulate charges for them for

1general borough purposes.

2(3) To impose fines and penalties, incurring partial or
3total forfeiture, or to remit the same.

4(4) To prohibit and remove any nuisance or dangerous
5structure on public or private grounds, including, but not
6limited to, accumulations of garbage and rubbish, the storage
7of abandoned or junked automobiles and obstructions or
8nuisances in the streets of the borough. The borough may
9require the removal of any nuisance or dangerous structure by
10the owner or occupier of the grounds or remove the nuisance
11or dangerous structure itself and collect the cost of
12removal, together with a penalty of 10% of the cost, in the
13manner provided by law for the collection of municipal
14claims, or by action of assumpsit, or the borough may seek
15relief by bill in equity.

16(5) To make regulations as may be necessary for the
17health, safety, morals, general welfare and cleanliness and
18beauty, convenience, comfort and safety of the borough.

19(6) To make regulations respecting vaults, cesspools and
20drains.

21(7) To make regulations relative to the accumulation of
22manure, compost and the like to the extent authorized by 3
23Pa.C.S. Ch. 5 (relating to nutrient management and odor
24management).

25(8) To provide for garbage and other refuse material as
26follows:

27(i) To prohibit, individually or jointly with other
28municipal corporations pursuant to an agreement,
29accumulations of garbage or other refuse material upon
30public and private property and to make regulations for

1the care, removal and collection of garbage or other
2refuse material, including:

3(A) To provide for the collection and imposition
4of reasonable fees and charges for the collection of
5garbage and other refuse material.

6(B) To erect, operate and maintain refuse
7disposal or incineration facilities or sanitary
8landfills, either within or without the limits of the
9borough, or provide other means for the collection,
10destruction or removal of garbage and other refuse
11material and provide for the payment of the cost or
12expense of the activity, either in whole or in part,
13out of the funds of the borough.

14(C) To purchase real estate for the purpose of
15erecting, operating and maintaining refuse disposal
16or incineration facilities or sanitary landfills if,
17prior to any acquisition of property pursuant to this
18paragraph, the borough, individually or jointly, as
19the case may be, obtains the approval of the court of
20common pleas for the location of the facilities or
21landfill after a hearing and subject to notice as the
22court shall require. If no objections are heard at
23the hearing, the court shall approve the location. If
24any objection is made, the court shall proceed to
25hear the matter and determine whether the location is
26a detriment to neighboring properties. The finding of
27the court shall be conclusive but in no way shall
28adjudicate any question relating to damages for
29injury to property.

30(D) To take and appropriate real estate for

1purposes of refuse disposals or incineration
2facilities or sanitary landfills in accordance with
3Chapter 15 (relating to eminent domain, assessment of
4damages and damages for injury to property) if a
5purchase price cannot first be agreed upon. No real
6estate located outside the limits of the borough or
7outside the limits of the joint municipal
8corporations in the case of a joint effort shall be
9taken and appropriated if the real estate currently
10contains or is being used for a refuse disposal or
11incineration facility or a sanitary landfill.

12(ii) Regulations enacted under this paragraph shall
13be consistent with the act of July 7, 1980 (P.L.380,
14No.97), known as the Solid Waste Management Act, the act
15of July 28, 1988 (P.L.556, No.101), known as the
16Municipal Waste Planning, Recycling and Waste Reduction
17Act, and subject to any other necessary Federal or State
18approval.

19(9) To the extent not otherwise prohibited by the act of
20December 7, 1982 (P.L.784, No.225), known as the Dog Law, to
21destroy dogs found at large contrary to laws of this
22Commonwealth, to prohibit or regulate, by ordinance, the
23running at large of dogs, cats or other pets and, in the
24enforcement of the regulations, to direct the seizure,
25detention or killing of dogs, cats or other pets, prescribing
26reasonable charges for their seizure and detention and to
27provide for their sale for the benefit of the borough in
28default of the redemption of the pet by its owners.

29(10) To enact ordinances prohibiting or regulating the
30keeping or running at large of livestock and fowls and any

1other animals not covered in paragraph (9) and authorizing
2their seizure, detention or, in the case of unowned pigeons,
3humane destruction. The borough may prescribe reasonable
4charges for the seizure and detention of the animals and
5provide for their sale for the benefit of the borough in
6default of the redemption of the animals by their owners.
7Ordinances enacted under this paragraph shall not
8unreasonably interfere with any agricultural operation to the
9extent prohibited by applicable State law.

10(11) To regulate the emission of smoke from chimneys,
11smokestacks and other sources to the extent the regulation is
12not otherwise prohibited by applicable Federal or State law.
13This paragraph shall not apply to locomotive smokestacks.

14(12) To regulate the streets, sewers, public squares,
15common grounds, sidewalks, curbs, gutters, culverts and
16drains, and the heights, grades, widths, slopes and their
17construction, and to prohibit the erection or construction of
18any building or other obstruction to the convenient use of
19the same.

20(13) To prohibit or regulate the riding, driving,
21parking or other passage of any animal or vehicle over, along
22and across sidewalks. As used in this paragraph, the term
23"vehicle" shall include any device in, upon or by which any
24person or property may be transported. The term shall not
25include a self-propelled wheelchair or an electrical mobility
26device operated by and designed for the exclusive use of a
27person with a mobility-related disability.

28(14) To adopt ordinances defining disorderly conduct or
29disturbing the peace within the limits of the borough and to
30provide for the imposition of penalties for the conduct in

1amounts, without limitation except as provided under this 
2part, as council shall establish, and notwithstanding any
3laws of this Commonwealth upon disorderly conduct or
4disturbing the peace and the penalties.

5(15) To adopt and enforce a construction code, a
6property maintenance code and a fire prevention code and
7exercise any additional reserved powers pursuant to Chapter
832A (relating to uniform construction code, property 
9maintenance code and reserved powers).

10(16) To prohibit and regulate the smoking or carrying of
11lighted cigarettes, cigars, pipes or matches and the use of
12matches or fire-producing devices. An ordinance enacted or
13regulation or resolution adopted under this paragraph shall
14not regulate smoking in a manner that conflicts with the act
15of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor
16Air Act.

17(17) To provide for fireworks and inflammable articles
18as follows:

19(i) To regulate and prohibit, by ordinance, the
20manufacture of fireworks or inflammable or dangerous
21articles.

22(ii) To grant permits for supervised public displays
23of fireworks and adopt rules and regulations governing
24the displays.

25(iii) To adopt, by ordinance, rules and regulations
26not inconsistent with State regulations relating to the
27storage of inflammable articles.

28(iv) To impose, by ordinance, other safeguards
29concerning inflammable articles as may be necessary.

30(18) To require and regulate the numbering of buildings

1and lots.

2(19) To make regulations respecting partition fences and
3the foundations and party walls of buildings.

4(20) To provide for the prohibition, licensing and
5regulation of business as follows:

6(i) In addition to licensing in accordance with
7Chapter 29 (relating to licenses and license fees), to
8prohibit, license and regulate by ordinance the
9following:

10(A) The carrying on of any manufacture, art,
11trade or business which may be noxious or offensive
12and prejudicial to the public health or safety of the
13inhabitants.

14(B) The establishment and maintenance of junk
15yards, salvage yards and other places used and
16maintained for the collection, storage and disposal
17of used or second-hand goods and materials.

18(C) With respect to marketplaces:

19(I) regulate markets whether for individual
20use or for resale;

21(II) purchase and own ground;

22(III) erect, establish and maintain
23marketplaces for which purposes parts of a street
24or sidewalk may be temporarily used;

25(IV) contract with a person or association
26of persons, companies or corporations for the
27erection, maintenance and regulation of
28marketplaces, on terms and conditions, and in a
29manner, as the council may prescribe;

30(V) provide and enforce suitable regulations

1respecting marketplaces;

2(VI) provide for the payment of the cost or
3expense of marketplaces, either in whole or in
4part, out of the funds of the borough; and

5(VII) levy and collect a suitable license
6fee from every person who may be authorized by
7council to occupy any portion of marketplaces or
8any portion of the streets or sidewalks for
9temporary market purposes.

10(ii) Notwithstanding subparagraph (i), boroughs may
11prohibit, license and regulate businesses unless
12prohibited by law.

<-13(iii) To issue licenses under the act of July 31,
141963 (P.L.410, No.217), entitled "An act regulating and
15licensing all sales at retail when such sales are
16advertised as 'Closing Out Sale,' 'Fire, Smoke or Water
17Damage Sale,' or 'Defunct Business Sale,' with
18exceptions; requiring filing of inventory and bond; and
19providing for appeals and penalties."

20(21) To plan for and regulate the development of the
21borough by:

22(i) establishing and maintaining uniform building
23lines upon any or all borough streets under applicable
24law; and

25(ii) utilizing powers delegated by the Pennsylvania
26Municipalities Planning Code and other applicable laws by
27adopting zoning, subdivision and land use and development
28regulations.

29(22) (i) To provide for the creation of capital reserve
30fund for anticipated capital expenditures as follows:

1(A) Create and maintain a separate capital
2reserve fund for anticipated legal capital
3expenditures. The money in the fund shall be used,
4from time to time, for the construction, purchase,
5replacement of or expansion of municipal buildings,
6equipment, machinery, motor vehicles or other capital
7assets of the borough and for no other purpose.

8(B) Appropriate money from the general borough
9funds to be paid into the capital reserve fund or
10place in the fund any money received from the sale,
11lease or other disposition of any borough property or
12from any other source, unless received or acquired
13for a particular purpose. The fund shall be
14controlled, invested, reinvested and administered and
15the money expended for any of the purposes for which
16the fund is created in a manner as may be determined
17by council. The money in the fund, when invested,
18shall be invested in securities designated by 53
19Pa.C.S. Pt. VII Subpt. B (relating to indebtedness
20and borrowing) as legal investments for sinking funds
21of municipalities.

22(ii) This paragraph shall not be construed to limit
23the powers of the borough to the use of money in the
24capital reserve fund in making lawful capital
25expenditures.

26(23) To create and maintain a separate operating reserve
27fund from which appropriations may be made to meet
28emergencies involving the health, safety and welfare of the
29residents of the borough, to counterbalance potential budget
30deficits resulting from shortfalls in anticipated revenues or

1program receipts from whatever source, <-to counterbalance
2potential budget deficits resulting from increases in
3anticipated costs for goods or services or to provide
4anticipated operating expenditures related either to the
5planned growth of existing projects or programs or to the
6establishment of new projects or programs if, for a project
7or program appropriations, have been made and allocated to a
8separate restricted account established within the operating
9reserve fund. Council may annually make appropriations from
10the general fund to the operating reserve fund, but no
11appropriation may be made to the operating reserve fund if
12the effect of the appropriation would cause the fund to
13exceed <-5% 25% of the estimated revenues of the borough's
14general fund in the current fiscal year. The operating
15reserve fund shall be invested, reinvested and administered
16in a manner consistent with the provisions of section 1316
17(relating to investment of funds).

18(24) To enter into agreements with other political
19subdivisions, in accordance with existing laws, in making
20joint purchases of materials, supplies or equipment and in
21performing governmental powers, duties and functions and in
22carrying into effect provisions of 53 Pa.C.S. Ch. 23 Subch. A
23(relating to intergovernmental cooperation), and agreements
24with the proper authorities of municipal corporations,
25regional police or fire forces or other public safety or
26governmental entities created by two or more municipal
27corporations under 53 Pa.C.S. Ch. 23 Subch. A (relating to
28intergovernmental cooperation), either for mutual aid or
29assistance in police and fire protection or any other public
30safety services, or for the furnishing to or receiving from

1the municipal corporations or governmental entities police
2and fire protection or any other public safety services, and
3to make appropriations for public safety services. In
4connection with agreements for police or fire protection or
5any other public safety services, it shall not be necessary
6to advertise for bids or receive bonds as required for
7contracts under existing law. When an agreement has been
8entered into, the police, firefighters, fire police or any
9other public safety services of the employing municipal
10corporation or governmental entity shall have the powers and
11authority conferred by law on police, firefighters, fire
12police or any other public safety services in the territory
13of the municipal corporation which has contracted to secure
14the service.

15(25) To make contracts of insurance, with any mutual or
16other fire insurance company, association or exchange, duly
17authorized by law to transact insurance business in this
18Commonwealth, on any building or property owned or leased by
19the borough.

20(26) To provide for other insurance as follows:

21(i) To appropriate an amount as may be necessary to
22secure insurance or compensation in accordance with
23Article VI of the act of June 2, 1915 (P.L.736, No.338),
24known as the Workers' Compensation Act, for:

25(A) volunteer firefighters of companies duly
26recognized by the borough, by motion or resolution,
27killed or injured while going to, returning from or
28attending fires or while performing their duties as
29special fire police; and

30(B) other borough employees as "employe" is

1defined in section 601 of the Workers' Compensation
2Act.

3(ii) To make contracts of insurance with any
4insurance company, association or exchange authorized to
5transact business in this Commonwealth insuring borough
6employees or any class or classes of employees, or mayor
7and council or their dependents, under a policy or
8policies of insurance covering life, health,
9hospitalization, medical and surgical service or accident
10insurance.

11(iii) To contract with an insurance company,
12granting annuities or pensions, for the pensioning of
13borough employees or any class or classes of employees,
14and to agree to pay part or all of the premiums or
15charges for carrying the contracts and to appropriate
16money from the borough treasury for those purposes.

17(iv) To make contracts with any insurance company,
18association or exchange authorized to transact business
19in this Commonwealth to insure any public liability of
20the borough and to appropriate money from the borough
21treasury for that purpose.

22(v) Nothing in this paragraph shall affect any
23contract, right or coverage of insurance vested or
24existing on July 16, 2012. Contract, as used in this
25paragraph, includes an annuity contract if the option to
26renew continues to provide the same rights to the
27annuitant that existed on July 16, 2012.

28(27) To contract with a company owning, leasing or
29operating a light rail or similar transportation system,
30whether surface, elevated or underground, within the limits

1of the borough, for the acquisition, leasing or regulation of
2the franchises, properties, powers, duties and liabilities of
3the company for the purpose of providing public
4transportation. A contract may provide that the companies may
5make payments to the borough in lieu of the performance of
6certain duties or may include a provision that municipal
7consent shall not be granted to any other company for the
8same services covered by the contract. A contract may also
9provide, subject to any required approval by the Pennsylvania
10Public Utility Commission and consistent with the
11jurisdictional limits established under 49 U.S.C. (relating 
12to transportation), for the laying, installation or removal
13of tracks or lines, to prevent the laying or installation of
14otherwise authorized tracks or lines or to change the route
15of any tracks or lines for the consideration and upon
16conditions as may be agreed upon. Council may acquire,
17maintain and operate any existing inclined plane passenger
18transportation facilities and may acquire or may establish
19vehicular feeder lines for those facilities.

20(28) To do any of the following:

21(i) Acquire land or buildings by purchase, gift,
22exchange or eminent domain.

23(ii) Erect a building or lease land or buildings,
24within the borough limits, for community purposes or for
25public facilities such as comfort and waiting stations
26and drinking fountains.

27(iii) Erect watering troughs.

28(iv) Maintain the public facilities.

29(v) Provide for the payment of the cost and
30maintenance of the items under this paragraph from the

1funds of the borough.

2(29) To provide a lockup for the temporary detention of
3persons.

4(30) To display the flag of the United States or of the
5Commonwealth, the official POW/MIA flag or the flag of any
6county, city, borough or other municipality in this
7Commonwealth on the public buildings or grounds and in public
8places of the borough.

9(31) To provide for parking as follows:

10(i) to acquire by lease, purchase or eminent domain
11any land that the council may deem necessary or desirable
12for the purpose of establishing and maintaining parking
13lots;

14(ii) to regulate the use of parking lots;

15(iii) to regulate parking and provide parking
16accommodations to promote the convenience and protection
17of the public; and

18(iv) to establish or designate, at the discretion of
19the council, areas exclusively reserved for parking by
20handicapped individuals and to post signs regulating the
21areas.

22The right to regulate the use of the lots shall include the
23right to impose fines and fees for violation of any law or
24ordinance regulating parking. Regulation of parking lots
25shall be consistent with 75 Pa.C.S. (relating to vehicles)
26and the act of October 27, 1955 (P.L.744, No.222), known as
27the Pennsylvania Human Relations Act.

28(32) To acquire by purchase or by gift and to repair,
29supervise, operate and maintain ancient landmarks and other
30property of historical or antiquarian interest and to make

1appropriations to nonprofit associations or corporations
2organized for the purpose of acquiring and maintaining
3historical properties. The appropriations shall only be used
4by the association or corporation for the acquisition,
5restoration and maintenance of the historical properties.

6(33) To provide against all hazards of war, terrorism
7and other disasters and their consequences, and for those
8purposes to have the power of eminent domain, to cooperate
9with any other unit and agency of government, Federal, State
10or local in every lawful way for purposes of defense against
11the hazards of war and terrorism and to further provide
12against the hazards of manmade or natural disasters in
13conjunction with the powers applicable to boroughs in 35
14Pa.C.S. Pt. V (relating to emergency management services).

15(34) (i) To purchase vehicles and other equipment
16necessary for the towing of motor vehicles, tractors,
17trailers, recreational trailers and other vehicles from
18highways, roads, streets and public property of the
19borough.

20(ii) To impose fees for towing if the towing
21equipment is used for the lawful removal of motor
22vehicles, tractors, trailers, recreational trailers and
23other vehicles from highways, roads, streets and public
24property of the borough.

25(iii) To authorize or contract with commercial
26towers that agree to tow vehicles for a negotiated price
27as the official towers for the borough for the lawful
28removal of motor vehicles, tractors, trailers,
29recreational trailers and other vehicles from highways,
30roads, streets and public property of the borough in

1accordance with Federal and State law.

2(iv) To impose fees in the same manner as authorized
3when the towing is performed with borough vehicles and
4equipment.

5A commercial tower that agrees not to charge in excess of the
6negotiated price and is otherwise lawfully authorized to tow
7vehicles in accordance with Federal and State law shall be
8put on an official rotation list for the borough if council
9provides for a list. This paragraph shall apply only when the
10borough is requesting a vehicle to be towed. In all other
11cases, the owner or operator of a vehicle shall be permitted
12to select and pay for the tower.

13(35) To purchase or contribute to the purchase of fire 
14engines and fire apparatus, boats, rescue and lifesaving 
15equipment and supplies for the use of the borough for fire, 
16rescue and lifesaving services, including community ambulance 
17service, and to appropriate money for fire companies and 
18rescue units located within the borough, including for the 
19construction, repair and maintenance of buildings for fire 
20companies and rescue units, and to acquire land for those 
21purposes. Appropriations may include funds to establish, 
22equip, maintain and operate lawfully organized or 
23incorporated fire training schools within the county or 
24regional firefighters' associations or an entity created 
25pursuant to 53 Pa.C.S. Ch. 23 Subch. A for the purpose of 
26giving instruction and practical training in the prevention, 
27control and fighting of fire and related fire department 
28emergencies to the members of fire departments and volunteer 
29fire companies in any municipal corporation within this 
30Commonwealth. Annual appropriations may also be made to an
 

1ambulance service, or council may enter into contracts for 
2use in providing community ambulance service.

3(36) To appropriate money for the expense of municipal
4music.

5(37) To accept, purchase and plant or contribute to the
6purchasing and planting of shade trees along the streets and
7sidewalks of the borough and to have the care, custody and
8control of shade trees pursuant to Chapter 27 (relating to 
9recreation places, shade trees and forests).

10(38) To appropriate money for the support of any
11incorporated hospital that is engaged in charitable work and
12extends treatment and medical attention to residents of the
13borough, but no appropriation shall exceed in any year the
14cost of free service extended to residents of the borough
15that is in excess of any amount paid by the Commonwealth
16towards free service.

17(39) To appropriate money toward the maintenance and
18support of any medical center or hospital building and
19further appropriate from the funds toward the purchase and
20erection of medical or hospital facilities. When the total
21cost of the purchase or erection exceeds $100,000, it will
22necessitate approval by the appropriate health planning
23agency.

24(40) To appropriate money annually for the expense of
25community nurse services to any nonprofit associations or
26corporations that provide community nursing services for the
27elderly and other needy persons, the control of communicable
28disease, the immunization of children, the operation of child
29health centers (Well-Baby Clinics), instructive visits to
30parents of new babies, beginning in the prenatal period, and

1family health guidance, including nutrition, detection and
2correction of defects all of which relate to the
3responsibilities of local boards of health.

4(41) To appropriate in any year out of the general funds
5of the borough for the observance of holidays or centennials
6or other anniversaries or for borough celebrations or other
7civic projects or programs.

8(42) To appropriate from borough funds money for the
9handling, storage and distribution of surplus foods obtained
10through either a Federal, State or local agency. All
11appropriations of money made by any borough for the handling,
12storage and distribution of surplus foods obtained through
13either a Federal, State or local agency are validated.

14(43) To make appropriations to an industrial development
15agency.

16(44) To appropriate money annually to any tourist
17promotion agency, as defined in the act of July 4, 2008
18(P.L.621, No.50), known as the Tourism Promotion Act, to
19assist the agencies in carrying out tourist promotional
20activities.

21(45) To appropriate money to assist any municipality or
22municipal airport authority to acquire, establish, operate
23and maintain any and all air navigation facilities lying
24either within or without the limits of the borough.

25(46) To issue nondebt revenue bonds pursuant to
26provisions of 53 Pa.C.S. Pt. VII Subpt. B to provide
27sufficient money for and toward the acquisition,
28construction, reconstruction, extension or improvement of
29municipal facilities, including water systems or facilities,
30sewers, sewer systems and sewage disposal systems or

1facilities, systems for the treatment or disposal of garbage
2and refuse, gas plants or, gas distribution systems <-for its
3own municipal purposes <-or other gas works, electric light or
4power plants or power distribution systems, aeronautical
5facilities, including, but not limited to, airports,
6terminals and hangars and park and recreational facilities
7and parking lots and facilities to be secured solely by the
8pledge of the whole or part of the rent, toll or charge for
9the use or services of the facilities. Included in the cost
10of the issue may be any costs and expenses incident to
11construction and financing the facilities and selling and
12distributing the bonds.

13(47) To offer rewards for the arrest and conviction of
14persons guilty of capital or other crimes within the borough.

15(48) To appropriate funds for urban common carrier mass
16transportation purposes from current revenues and to make
17annual contributions to county departments of transportation
18or to urban common carrier mass transportation authorities to
19assist the departments or the authorities to meet costs of
20operation, maintenance, capital improvements and debt service
21and to enter into long-term agreements providing for the
22payment of the contributions.

23(49) To undertake community development programs,
24including, but not limited to, urban renewal, public housing,
25model cities programs and neighborhood development projects.

26(50) To sell to a nonprofit medical service corporation
27borough-owned:

28(i) real property for its exclusive use as a site
29for a medical service facility; and

30(ii) personal property for use at the medical

1service facility.

2(51) To sell to a nonprofit housing corporation borough-
3owned:

4(i) real property for its exclusive use for housing
5for the elderly; and

6(ii) personal property for its use at the nonprofit
7housing corporation.

8(52) To make grants annually to nonprofit art
9corporations for the conduct of their artistic and cultural
10activities. For the purposes of this paragraph, the term
11"nonprofit art corporation" shall mean a local arts council,
12commission or coordinating agency or any other nonprofit
13corporation engaged in the production or display of works of
14art, including the visual, written or performing arts.
15Artistic and cultural activities include the display or
16production of theater, music, dance, painting, architecture,
17sculpture, arts and crafts, photography, film, graphic arts
18and design and creative writing.

19(53) To appropriate annually an amount toward a
20neighborhood crime watch program. Notwithstanding any other
21provision of law, no borough or official of a borough may
22become subject to contractual, tort or other liability as a
23result of having made an appropriation under this paragraph.

24(54) To appropriate funds for programs that benefit
25senior citizens or make grants to civic organizations that
26represent senior citizens, provide services to senior
27citizens or of which its members are senior citizens.

28(55) To appropriate money to nonprofit watershed
29associations for watersheds serving the borough.
30Appropriations may not be used to undertake litigation

1against any municipality or to seek redress against any
2individual landowner.

3(56) To ensure that fire and emergency medical services
4are provided within the borough by the means and to the
5extent determined by the borough, including the appropriate
6financial and administrative assistance for these services.
7The borough shall consult with fire and emergency medical
8services providers to discuss the emergency services needs of
9the borough. The borough shall require any emergency services
10organization receiving borough funds to provide to the
11borough an annual itemized listing of all expenditures of
12these funds before the borough may consider budgeting
13additional funding to the organization.

14(57) To appropriate money to the conservation district,
15as defined in the act of May 15, 1945 (P.L.547, No.217),
16known as the Conservation District Law, in which the borough
17is located.

18(58) To require the owner, operator or superintendent of
19every mine, colliery or quarry located wholly or partially
20within the limits of the borough to furnish to the borough
21maps, plans and drawings of workings, excavations and surface
22support as the council may require. In the case of coal mines
23and collieries, the map or plan shall exhibit the workings or
24excavations in every seam of coal on a separate sheet and the
25tunnels and passages connecting with the workings or
26excavations. It shall show in degrees the general inclination
27of the strata, with any material deflection in the strata in
28the workings or excavations, and shall also show the tidal
29elevations of the bottom of every shaft, slope, tunnel and
30gangway and of any other point in the mine or on the surface

1where the elevation shall be deemed necessary by the borough.
2The map or plan shall show the number of the last survey on
3the gangways or the most advanced workings. Every owner,
4operator or superintendent of a mine, colliery or quarry
5shall update, at least once every three months, the pertinent
6maps, plans and drawings to reflect any extensions made in
7any mine, colliery or quarry during the three preceding
8months, except those made within 30 days immediately
9preceding the time of placing the extensions upon the map or
10drawing. A borough engineer, assistant or other person
11authorized by council may enter and survey any mine, colliery
12or quarry within the limits of the borough, at all reasonable
13times, but not so as to impede or obstruct the workings of
14the mine, colliery or quarry. The owner, operator or
15superintendent of the mine, colliery or quarry shall furnish
16the means necessary for the entry, survey and exit.

17(59) To petition the court of common pleas for the
18appointment of viewers to assess the total cost of an
19improvement as set forth in Chapter 21A (relating to 
20assessments and charges for public improvements). The viewers
21shall assess the total cost of the improvement, or so much of
22the cost as may be just and reasonable, upon the lands or
23properties peculiarly benefited.

24(60) To authorize any borough to:

25(i) purchase, own, use, operate and control any
26natural gas well or wells for the purpose of supplying
27natural gas for its own municipal purposes; and

28(ii) purchase, own, use, operate and control natural
29gas works.

30(61) To establish, by ordinance, and maintain a real

1estate registry for the purpose of procuring accurate
2information in reference to the ownership of real estate in
3the borough in a manner not inconsistent with the act of
4October 9, 2008 (P.L.1400, No.110), known as the Uniform
5Municipal Deed Registration Act. Council shall designate a
6person to have charge of the registry who shall cause to be
7made and carefully preserve all necessary books, maps and
8plans as may show the location and ownership of every lot,
9piece of real estate and subdivision of real estate. For
10purposes of establishing or maintaining the registry, the
11person in charge of the registry shall have access to public
12records without charge. Information contained within a real
13estate registry shall not affect the validity of any
14municipal claim or tax claim of the borough. Nothing in this
15paragraph shall prohibit a borough from requiring owners to
16provide information relevant to the enforcement of any
17borough ordinance in accordance with law.

18(62) To manufacture, purchase or otherwise supply
19electricity pursuant to Chapter 24A (relating to manufacture
20and supply of electricity).

21(63) To provide the following:

22(i) telecommunications services to the extent that
23provision of services is not inconsistent with 66 Pa.C.S.
24Ch. 30 (relating to alternative form of regulation of
25telecommunications services); and

26(ii) cable television services in a manner
27consistent with Federal law.

28(64) To acquire, by purchase or condemnation, or to
29construct underground conduits within which electrical,
30communication and other types of wires shall be placed and,

1by ordinance and subject to approval by the Pennsylvania
2Public Utility Commission, to regulate the manner and terms
3and conditions of the use of any underground conduits.
4Council may define reasonable districts of the borough within
5which underground conduits shall be used for the placement of
6wires without the approval of the Pennsylvania Public Utility
7Commission. The powers reserved by this paragraph shall not
8be bartered away or surrendered by the borough.

9(65) In addition to the remedies provided by law for the
10filing of liens for the collection of municipal claims,
11including, but not limited to, water rates, sewer rates and
12the removal of nuisances, to proceed for the recovery and
13collection of claims by action of assumpsit against the
14person or persons who were the owner or owners of the
15property at the time of the completion of the improvement or
16at the time the water or sewer rates or the cost of the
17removal of nuisances first became payable, notwithstanding
18the fact that there was a failure on the part of the borough
19or its agents to enter the municipal claim as a lien against
20the property assessed for the improvement, or for the
21furnishing of water or sewer services and for the removal of
22nuisances and for the recovery of which the action of
23assumpsit was brought. The action in assumpsit shall be
24commenced either within six years after the completion of the
25improvement from which the claim arises or within six years
26after the water or sewer rates or the cost of abating a
27nuisance first became payable.

28§ 1203. Reserved powers.

29The council may make and adopt all ordinances, bylaws, rules
30and regulations not inconsistent with or restrained by the

1Constitution of Pennsylvania and laws of this Commonwealth as
2may be expedient or necessary for the proper management, care
3and control of the borough and its finances and the maintenance
4of peace, good government, safety and welfare of the borough and
5its trade, commerce and manufactures.

6CHAPTER 13

7TAXATION AND FINANCE

8Sec.

91301. Fiscal year.

101302. Tax levy.

111302.1. Different and separate tax levies.

121303. Special levy to pay debts.

131304. Special road fund tax.

141305. Date tax duplicate to issue.

151306. Additions and revisions to duplicates.

161307. Preparation of budget.

171308. Notice of proposed budget and penalty.

181309. Revision and completion of budget.

191310. Adoption of budget.

201310.1. Tax ordinance.

211311. Amending budget and notice.

221312. Modification of budget and supplemental appropriations
23and transfers.

241313. Payment from borough funds.

251313.1. Creation of special funds and investments.

261314. Uniform financial report and forms.

271315. Capital improvements to certain public service
28facilities.

291316. Investment of funds.

301317. (Reserved).

1§ 1301. Fiscal year.

2The fiscal year of every borough shall coincide with the
3calendar year, beginning January 1 and ending December 31.

4§ 1302. Tax levy.

5(a) Authority.--The council of the borough shall have power,
6by ordinance, to levy and collect annually a tax not exceeding
730 mills for general borough purposes, unless the council by
8majority action, upon due cause shown by resolution, petitions
9the court of common pleas, in which case the court may order a
10rate of not more than five mills additional to be levied and in
11addition any of the following taxes:

12(1) An annual tax sufficient to pay interest and 
13principal on any indebtedness incurred pursuant to 53 Pa.C.S. 
14Pt. VII Subpt. B (relating to indebtedness and borrowing) or 
15any prior or subsequent act governing the incurrence of 
16indebtedness of the borough.

17(2) To provide for pensions, retirement or the purchase
18of annuity contracts for borough employees, not exceeding
19one-half mill.

20(3) To defray the cost and expenses of caring for shade
21trees as provided in section 2720.1 (relating to maintenance 
22by borough and tax levy) and the expense of publishing the
23notice referred to in section 2720.1, not exceeding one-tenth
24mill.

25(4) For lighting and illuminating the streets, highways
26and other public places, not exceeding eight mills.

27(5) For gas, water and electric, not exceeding eight
28mills, additional millage permitted only following a
29favorable referendum on the matter held in accordance with
30the election laws of this Commonwealth.

1(6) For the purchase of fire engines, fire apparatus and
2fire hose for the use of the borough or for assisting any
3fire company in the borough in the purchase, renewal or
4repair of any of its fire engines, fire apparatus or fire
5hose, for the purposes of making appropriations to fire
6companies both within and without the borough and of
7contracting with adjacent municipalities or volunteer fire
8companies in adjacent municipalities for fire protection, for
9the training of fire personnel and payments to fire training
10schools and centers or for the purchase of land upon which to
11erect a firehouse, or for the erection and maintenance of a
12firehouse or fire training school and center, not exceeding
13three mills. The following shall apply:

14(i) The borough may appropriate up to one-half, but
15not to exceed one mill, of the revenue generated from a
16tax under this paragraph for the purpose of paying
17salaries, benefits or other compensation of fire
18suppression employees of the borough or a fire company
19serving the borough.

20(ii) If an annual tax for the purposes specified in
21this paragraph is proposed to be set at a level higher
22than three mills, the question shall be submitted to the
23voters of the borough, and the county board of elections
24shall frame the question in accordance with the election
25laws of this Commonwealth for submission to the voters of
26the borough.

27(7) For building a firehouse, fire training school and
28center, lockup or municipal building, not exceeding two
29mills, additional millage permitted only following a
30favorable referendum on the matter held in accordance with

1the election laws of this Commonwealth.

2(8) To establish and maintain a local library or to
3maintain or aid in the maintenance of a local library
4established by deed, gift or testamentary provision, for the
5use of the residents of the borough, in accordance with 24
6Pa.C.S. Ch. 93 (relating to public library code).

7(9) For the purpose of supporting ambulance, rescue and
8other emergency services serving the borough, not to exceed
9one-half mill, except as provided in subsection (e). The
10borough may appropriate up to one-half of the revenue
11generated from a tax under this paragraph for the purpose of
12paying salaries, benefits or other compensation of employees
13of the ambulance, rescue or other emergency service.

<-14(10) An annual tax sufficient for the purpose of
15maintaining and operating recreation places or for paying the
16borough's share of a joint action with one or more political
17subdivisions, in accordance with section 2701 (relating to
18general powers).

19(b) Amount.--The taxes shall be levied on the dollar on the
20valuation assessed for county purposes, as now is or may be
21provided by law. All real property, offices, professions and
22persons made taxable by the laws of this Commonwealth for county
23rates and levies may, in the discretion of council, be taxed
24after the same manner for those purposes. An action on the part
25of the borough authorities fixing the tax rate for any year at a
26mill rate shall not be required to include a statement
27expressing the rate of taxation in dollars and cents on each
28$100 of assessed valuation of taxable property.

29(c) Use of taxes for general purposes.--Nothing contained in
30this section may prevent the application of money received from

1taxes levied for general purposes to the purposes of paying
2interest and sinking fund charges on indebtedness.

3(d) Proceeds.--The proceeds of all taxes for which
4additional millage is authorized under this section shall be
5kept in a separate fund and used only for the purposes provided
6under this section. The additional taxes authorized by
7referendum shall continue to be levied annually for the period
8provided under this section in the question submitted in the
9referendum and, if any taxes for which the question voted upon
10shall not have stated the duration of the tax, until the tax
11shall be abolished by vote of the electors in a subsequent
12referendum.

13(e) Tax for ambulance and rescue squads.--The tax for
14supporting ambulance and rescue squads serving the borough shall
15not exceed the rate specified in subsection (a)(9) except when
16the question is submitted to the voters of the borough in the
17form of a referendum which will appear on the ballot in
18accordance with the election laws of the Commonwealth, in which
19case the rate shall not exceed two mills. The county board of
20elections shall frame the question to be submitted to the voters
21of the borough in accordance with the election laws of this
22Commonwealth.

23§ 1302.1. Different and separate tax levies.

24(a) General rule.--A borough may in any year levy separate
25and different rates of taxation for municipal purposes on all
26real estate classified as nonfarmland, exclusive of the
27buildings on the real estate, and on all real estate classified
28as either buildings on land or farmland. When real estate tax
29rates are so levied:

30(1) The rates shall be determined by the requirements of

1the borough budget.

2(2) A higher rate may be levied on real estate
3classified as nonfarmland than on real estate classified as
4either buildings on land or farmland if the respective rates
5on nonfarmland and on buildings or farmland are so fixed as
6not to constitute a greater levy in the aggregate than the
7levy to result from the maximum rate allowed by law on all
8real estate.

9(3) The rates shall be uniform as to all real estate
10within the classification.

11(b) Nonseverability.--Notwithstanding section 104 (relating 
12to constitutional construction), the provisions of this section
13are nonseverable. If any provision of this section or its
14application to any person or circumstance is held invalid, the
15remaining provisions or applications of this section are void.

16(c) Definitions.--As used in this section, the following
17words and phrases shall have the meanings given to them in this
18subsection:

19"Farmland." Any tract of land that is actively devoted to 
20agricultural use, including, but not limited to, the commercial 
21production of crops, livestock and livestock products as defined 
22in section 3 of the act of June 30, 1981 (P.L.128, No.43), known 
23as the Agricultural Area Security Law.

24"Nonfarmland." Any tract of land that is not farmland.

25§ 1303. Special levy to pay debts.

26In addition to the levies provided for in section 1302.1 
27(relating to different and separate tax levies) if the council
28refuses or neglects to levy a sufficient tax to pay the debts
29due by the borough, a court may, after ascertaining the amount
30of the indebtedness of the borough, direct a writ of mandamus to

1the proper officers of the borough to collect by special
2taxation an amount sufficient to pay the indebtedness in one or
3more annual installments, as determined reasonable by the court.

4§ 1304. Special road fund tax.

5(a) Authority.--Any borough shall be empowered, within its
6general power to levy taxes, to collect annually a tax upon all
7real property taxable for borough purposes, not to exceed five
8mills on the dollar in any one year, for the purpose of creating
9and maintaining a special fund to be used by its borough in
10making permanent street improvements and to pay contract prices
11for paving and other permanent street improvements, prior to the
12collection of the cost and expense from the property owners
13adjoining or abutting the property by the borough under existing
14laws.

15(b) Application.--If the cost and expense or any part of the
16cost and expense of the construction of any permanent street
17improvement, which has been made under existing laws and which
18has been aided in its construction from the special fund
19provided for under this section, has been assessed and collected
20from the owners of the real property adjoining or abutting upon
21the improvement, it shall be applied to the credit of the
22special fund, to the extent of the withdrawal from the special
23fund for that purpose.

24§ 1305. Date tax duplicate to issue.

25Council shall, within 30 days after adoption of the budget or
26within 30 days after receipt of the assessment roll from the
27county, whichever is later, issue their duplicate of taxes
28assessed to the collector of taxes of the borough.

29§ 1306. Additions and revisions to duplicates.

30(a) Inspection and reassessment.--If in any borough there is

1any construction of a building or buildings not otherwise exempt
2as a dwelling after the council has prepared a duplicate of the
3assessment of borough taxes and the building is not included in
4the tax duplicate of the borough, the county assessment office
5shall, upon the request of the council, direct the assessor in
6the county assessment office to inspect and reassess, subject to
7the right of appeal and adjustment provided by statute, all
8taxable property in the borough to which major improvements have
9been made after the original duplicates were prepared and to
10give notice of the reassessments within ten days to the
11authority responsible for assessments, the borough and the
12property owner. The real property shall then be added to the
13duplicate and shall be taxable for borough purposes at the
14reassessed valuation for that proportionate part of the fiscal
15year of the borough remaining after the real property was
16improved. Any improvement made during the month shall be
17computed as having been made on the first of the month.

18(b) Copy of additions or revisions.--A certified copy of the
19additions or revisions to the duplicate shall be furnished by
20the council to the borough tax collector, together with their
21warrant for collection of the taxes, and, within ten days, the
22borough tax collector shall notify the owner of the real
23property of the taxes due to the borough.

24§ 1307. Preparation of budget.

25Beginning at least 30 days prior to the adoption of the
26budget, a proposed budget or annual estimate of revenues and
27expenditures for the ensuing year shall be prepared in a manner
28designated by the council. The proposed budget shall be kept on
29file with the borough secretary and be made available for public
30inspection by the borough secretary for a period of ten days.

1§ 1308. Notice of proposed budget and penalty.

2(a) Notice.--Notice that the proposed budget is available
3for inspection shall be published by the borough secretary in a
4newspaper of general circulation, except in boroughs in which
5the estimated budget receipts are less than $50,000 in 2012,
6where, in lieu of the newspaper publications, notice may be
7conspicuously posted during the ten-day period in a place
8readily viewable by the public at the office of the borough
9secretary and with further notice as shall be prescribed by
10council.

11(b) Failure.--Any borough secretary who fails or refuses to
12give the notice that the proposed budget is available for
13inspection, as required, shall, upon conviction in a summary
14proceeding, be sentenced to pay a fine not exceeding $100 and
15costs of prosecution.

16§ 1309. Revision and completion of budget.

17After the expiration of the ten days, council shall make the 
18revision in the budget as deemed advisable. The budget must be 
19as comprehensive and exact as the information available will 
20permit. In addition to expenditures proposed for the current 
21fiscal year, council may include as proposed expenditures a sum 
22sufficient to pay any existing indebtedness and to pay the 
23ordinary operating expenses for the subsequent year until the 
24taxes of the subsequent year are received and may also include a 
25sum to provide in whole or in part for any deferred maintenance, 
26depreciation and replacements. Within the tax levy and debt 
27limitations, council may also include, in whole or in part, 
28expenditures for capital investments and purchases. Expenditures 
29of a legislative character must be made, authorized or ratified 
30by ordinance. Other expenditures allowed by law may be made or
 

1ratified by motion in council. The expenditures, whether by 
2ordinance or motion, must then be considered as appropriations 
3affecting the budget. A balance of revenues over expenditures 
4may be expended in a subsequent year for a lawful purpose.

5§ 1310. Adoption of budget.

6Upon completion of the budget containing the estimated
7receipts and expenditures, the council shall adopt the budget by
8motion of the council, which may not be later than December 31.

9§ 1310.1. Tax ordinance.

10After council has adopted the budget, it is the duty of the
11council to enact an ordinance levying the taxes referred to in
12this part for the fiscal year subject to approval of the mayor
13or enactment over the mayor's veto under the procedure
14established in section 3301.3(c) (relating to enactment, 
15approval and veto).

16§ 1311. Amending budget and notice.

17During the month of January next following a municipal
18election, the council of a borough may amend the budget and the
19levy and tax rate to conform with its amended budget. A period
20of ten days' public inspection at the office of the borough
21secretary of the proposed amended budget, after notice by the
22borough secretary to that effect is published once in a
23newspaper of general circulation, must intervene between the
24proposed amended budget and its adoption. An amended budget must
25be adopted by council on or before the 15th day of February.

26§ 1312. Modification of budget and supplemental appropriations
27and transfers.

28The council in its reasonable discretion may, in any year, by
29motion, modify the budget after its final adoption. New
30appropriations, supplementary appropriations and transfers from

1one appropriation to another may be made during the fiscal year,
2either before or after the expenditure is authorized or ratified
3after the expenditure is made, if it is within the current
4year's revenues, or the money is promptly made available through
5borrowing as allowed by law.

6§ 1313. Payment from borough funds.

7The payments made by the council from the borough funds must
8be made by proper borough orders, drawn upon the treasurer. No
9borough order may be authorized by council or signed by the
10president or secretary of a council unless there are sufficient
11funds in the treasury of the borough to pay the order, and no
12orders may be made payable at any time in the future or draw
13interest. A separate borough order must be drawn for each
14account or payment.

15§ 1313.1. Creation of special funds and investments.

16Council may set aside in a separate fund any money received
17out of or from the sale, lease or other disposition of any
18borough property or received from any source unless the money
19was received or acquired for a particular purpose. The fund must
20be controlled, invested and administered, and the income arising
21from the fund expended, in the manner as may be determined by
22action of the council under the ordinance creating the fund. The
23ordinance may provide that only the income from the fund may be
24used or expended, and that neither principal nor any part of the
25principal may be used or expended unless upon authorization of a
26majority vote of the qualified electors of the borough. The
27ordinances previously enacted by a borough creating and
28establishing a separate fund as authorized by this section must
29be deemed and taken as valid and effectual for all purposes if
30the other requirements of law concerning the enactment of the

1separate fund have been complied with.

2§ 1314. Uniform financial report and forms.

3(a) Preparation of uniform forms.--The uniform forms for the
4annual financial statement required to be made by the auditors
5or the controller must be prepared by a committee consisting of
6four representatives from the Pennsylvania State Association of
7Boroughs, the Secretary of Community and Economic Development,
8or the secretary's designee, and any additional members
9appointed under statute.

10(b) Appointment of representatives.--The representatives of
11boroughs must be appointed by the president of the Pennsylvania
12State Association of Boroughs. The representatives shall be
13chosen from among the finance officers or other officers of the
14borough who have knowledge of the borough's fiscal procedures.
15As far as possible, they must be chosen to represent boroughs in
16the various population groups. The president of the organization
17shall supply to the Department of Community and Economic
18Development the names and addresses of the representatives
19immediately upon their appointment.

20(c) Compensation of representatives.--The representatives
21shall serve without compensation but shall be reimbursed by the
22Commonwealth for the necessary expenses incurred in attending
23meetings of the committee.

24(d) Meetings.--The committee shall meet from time to time as
25conditions may warrant at the call of the Secretary of Community
26and Economic Development, or the secretary's designee, who shall
27serve as chair of the committee.

28(e) Duty of secretary and cooperation.--It shall be the duty
29of the Secretary of Community and Economic Development, or the
30secretary's designee, to ensure that the forms required by this
 

1chapter are prepared in cooperation with the committee. In the
2event that the committee should for any reason fail to furnish
3the cooperation, the Secretary of Community and Economic
4Development, or the secretary's designee, shall prepare the
5forms. After their preparation, the secretary shall issue the
6forms and distribute them annually, as needed to the proper
7officers of each borough.

8§ 1315. Capital improvements to certain public service
9facilities.

10(a) Authority.--For the purpose of financing the cost and
11expense or its share of the cost and expense of capital
12improvements, including the purchase and installation of
13machinery and equipment, by altering, improving or enlarging any
14of the following, a borough owning the plant or facility may
15issue nondebt revenue bonds as provided in section 1202(46)
16(relating to specific powers):

17(1) its sewer, sewer system or sewage treatment works,
18either singly or jointly, with other municipalities;

19(2) its water works, either singly or jointly, with
20other municipalities;

21(3) its electric power plant or power distribution
22system; or

23(4) its gas plant or, gas distribution system <-for its
24own municipal purposes <-or other gas works.

25(b) Rates.--A borough issuing nondebt revenue bonds under
26the authority of this section shall adjust and, when necessary,
27increase the rates of rentals or charges pledged as security for
28the bonds in order to provide sufficient revenue. The revenue
29must be set aside as reserve funds to cover depreciation of the
30properties involved and for future improvements to the plant or

1facility involved as well as for the payment of the interest on
2the bonds and the principal at the time of maturity.

3§ 1316. Investment of funds.

4(a) Duty of council.--Council shall invest borough funds
5consistent with sound business practice.

6(b) Investment program.--Council shall provide for an
7investment program subject to restrictions contained in this 
8part and in another applicable statute and any rules and
9regulations adopted by council.

10(c) Authorized types of investments.--Authorized types of
11investments for borough funds are:

12(1) United States Treasury bills.

13(2) Short-term obligations of the United States
14Government or its agencies or instrumentalities.

15(3) Deposits in savings accounts or time deposits, other
16than certificates of deposit, or share accounts of
17institutions insured by the Federal Deposit Insurance
18Corporation or the National Credit Union Share Insurance Fund
19to the extent that the accounts are so insured, and, for the
20amounts above the insured maximum, if approved collateral as
21provided by law shall be pledged by the depository.

22(4) Obligations of:

23(i) the United States or its agencies or
24instrumentalities backed by the full faith and credit of
25the United States;

26(ii) the Commonwealth or its agencies or
27instrumentalities backed by the full faith and credit of
28the Commonwealth; or

29(iii) a political subdivision of the Commonwealth or
30its agencies or instrumentalities backed by the full

1faith and credit of the political subdivision.

2(5) Shares of an investment company registered under the
3Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. §
480a-1 et seq.), whose shares are registered under the
5Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et
6seq.), if the only investments of the company are in the
7authorized investments for borough funds listed in paragraphs
8(1) through (4).

9(6) Certificates of deposit purchased from institutions
10insured by the Federal Deposit Insurance Corporation or the
11National Credit Union Share Insurance Fund to the extent that
12the accounts are so insured. For amounts above the insured
13maximum, the certificates of deposit must be collateralized
14by a pledge or assignment of assets of the institution, and
15the collateral may include loans, including interest in pools
16of loans, secured by first mortgage liens on real property.
17Certificates of deposit purchased from commercial banks must
18be limited to an amount equal to 20% of a bank's total
19capital and surplus. Certificates of deposit purchased from
20savings and loan associations or savings banks must be
21limited to an amount equal to 20% of an institution's assets
22minus liabilities.

23(7) An investment authorized by 20 Pa.C.S. Ch. 73 
24(relating to municipalities investments) must be an 
25authorized investment for a pension or retirement fund.

26(8) Bonds of a municipal authority or parking authority
27created solely by the borough for the purpose of either
28investment or possible retirement of the bonds and
29acquisition of authority projects at an earlier date than
30originally contemplated, using for the purpose either surplus

1funds of the borough or money appropriated in the annual
2budget for the purpose.

3(d) In making investments of borough funds, council has
4authority to:

5(1) Permit assets pledged as collateral under subsection 
6(c)(3), to be pooled in accordance with the act of August 6, 
71971 (P.L.281, No.72), entitled "An act standardizing the 
8procedures for pledges of assets to secure deposits of public 
9funds with banking institutions pursuant to other laws; 
10establishing a standard rule for the types, amounts and 
11valuations of assets eligible to be used as collateral for 
12deposits of public funds; permitting assets to be pledged 
13against deposits on a pooled basis; and authorizing the 
14appointment of custodians to act as pledgees of assets."

15(2) Combine money from more than one fund under borough
16control for the purchase of a single investment, if each of
17the funds combined for the purpose shall be accounted for
18separately in all respects and the earnings from the
19investment are separately and individually computed and
20recorded and credited to the accounts from which the
21investment was purchased.

22(3) Join with one or more other political subdivisions 
23and municipal authorities in accordance with 53 Pa.C.S. Ch. 
2423 Subch. A (relating to intergovernmental cooperation) in 
25the purchase of a single investment, provided the 
26requirements of paragraph (2) are adhered to regarding 
27separate accounting of individual funds and separate 
28computation, recording and crediting of the earnings from the 
29funds.

30§ 1317. (Reserved).

1CHAPTER 14

2CONTRACTS

3Sec.

41401. Power to make contracts.

51402. Regulation of contracts.

61403. Evasion of advertising requirements.

71404. Personal interest in contracts or purchases.

81404.1. Purchase contracts for petroleum products and fire
9company, etc., participation.

101405. Separate bids for plumbing, heating, ventilating and
11electrical work.

121406. Bonds for the protection of labor and materials.

131407. (Reserved).

141408. (Reserved).

151409. (Reserved).

161410. Acceptance by contractor of Workers' Compensation Act.

171411. (Reserved).

18§ 1401. Power to make contracts.

19(a) Authority of borough.--Each borough may make contracts
20for lawful purposes and for the purposes of carrying into
21execution this part and laws of this Commonwealth.

22(b) Contracts and purchases.--Except as otherwise
23specifically provided in this title, all contracts and purchases
24must be made with and from the lowest qualified and responsible
25bidder. In awarding contracts and making purchases, council has
26the right to take into consideration such factors as the
27availability, cost and quality of service and may establish
28prequalification standards for contracts and purchases. A
29prequalification standard must be reasonably designed to assist
30council in determining the ability of a bidder to successfully

1complete a contract or purchase.

2(c) Electronic submission of bids.--A borough may permit the
3electronic submission of bids and may receive bids
4electronically for competitively bid purchases and contracts
5pursuant to 62 Pa.C.S. Ch. 46 (relating to electronic bidding by
6local government units).

7§ 1402. Regulation of contracts.

8(a) Requirements.--All contracts or purchases in excess of
9the base amount of $18,500, subject to adjustment under 
10subsection (a.2), except those mentioned in this section and
11except as provided by the act of October 27, 1979 (P.L.241,
12No.78), entitled, as amended, "An act authorizing political
13subdivisions, municipality authorities and transportation
14authorities to enter into contracts for the purchase of goods
15and the sale of real and personal property where no bids are
16received," shall not be made except with and from the lowest
17qualified and responsible bidder after due notice in one
18newspaper of general circulation, at least two times at
19intervals of not less than three days where daily newspapers of
20general circulation are available for publication and, in case
21of weekly newspapers, notice once a week for two successive
22weeks. The first advertisement shall be published not more than
2345 days and the second advertisement not less than ten days
24prior to the date fixed for the opening of bids. Advertisements
25for contracts or purchases must also be posted in a conspicuous
26place within the borough. Advertisements for contracts and
27purchases must contain the date, time and location for opening
28of bids and must state the amount of the performance bond
29determined under subsection (c). The amount of the contract must
30in all cases, whether of straight sale price, conditional sale,

1lease, lease purchase or otherwise, be the entire amount which
2the borough pays to the successful bidder or the bidder's
3assigns in order to obtain the services or property, or both,
4and may not be construed to mean only the amount that is paid to
5acquire title or to receive another particular benefit of the
6whole bargain.

7(a.1) Price quotations.--Written or telephonic price
8quotations from at least three qualified and responsible
9contractors must be requested for contracts in excess of the 
10base amount of $10,000, subject to adjustment under subsection 
11(a.2), and less than the amount requiring advertisement and
12competitive bidding, or, in lieu of price quotations, a
13memorandum must be kept on file showing that fewer than three
14qualified contractors exist in the market area within which it
15is practicable to obtain quotations. A written record of
16telephonic price quotations must be made and must contain at
17least the date of the quotation, the name of the contractor and
18the contractor's representative, the construction,
19reconstruction, repair, maintenance or work that was the subject
20of the quotation and the price. Written price quotations,
21written records of telephonic price quotations and memoranda
22must be retained for a period of three years. Written price
23quotations as used throughout this section include electronic
24mail.

25(a.2) Adjustments to base amounts.--Adjustments to the base
26amounts specified under subsections (a) and (a.1) must be made
27as follows:

28(1) The Department of Labor and Industry shall determine
29the percentage change in the Consumer Price Index for All
30Urban Consumers: All Items (CPI-U) for the United States City

1Average as published by the United States Department of
2Labor, Bureau of Labor Statistics, for the 12-month period
3ending September 30, 2012, and for each successive 12-month
4period.

5(2) If the department determines that there is no
6positive percentage change, then no adjustment to the base
7amounts may occur for the relevant time period provided for
8in this subsection.

9(3) (i) If the department determines that there is a
10positive percentage change in the first year that the
11determination is made under paragraph (1), the positive
12percentage change must be multiplied by each base amount,
13and the products must be added to the base amounts,
14respectively, and the sums must be preliminary adjusted
15amounts.

16(ii) The preliminary adjusted amounts must be
17rounded to the nearest $100 to determine the final
18adjusted base amounts for purposes of subsections (a) and
19(a.1).

20(4) In each successive year in which there is a positive
21percentage change in the CPI-U for the United States City
22Average, the positive percentage change must be multiplied by
23the most recent preliminary adjusted amounts, and the
24products must be added to the preliminary adjusted amount of
25the prior year to calculate the preliminary adjusted amounts
26for the current year. The sums must be rounded to the nearest
27$100 to determine the new final adjusted base amounts for
28purposes of subsections (a) and (a.1).

29(5) The determinations and adjustments required under
30this subsection must be made in the period between October 1

1and November 15 of each year.

2(6) The final adjusted base amounts and new final
3adjusted base amounts obtained under paragraphs (3) and (4)
4become effective January 1 for the calendar year following
5the year in which the determination required under paragraph
6(1) is made.

7(7) The department shall publish notice in the
8Pennsylvania Bulletin prior to January 1 of each calendar
9year of the annual percentage change determined under
10paragraph (1) and the unadjusted or final adjusted base
11amounts determined under paragraphs (3) and (4) at which
12competitive bidding is required under subsection (a) and
13written or telephonic price quotations are required under
14subsection (a.1), respectively, for the calendar year
15beginning January 1 after publication of the notice. The
16notice must include a written and illustrative explanation of
17the calculations performed by the department in establishing
18the unadjusted or final adjusted base amounts under this
19subsection for the ensuing calendar year.

20(8) The annual increase in the preliminary adjusted base
21amounts obtained under paragraphs (3) and (4) may not exceed
223%.

23(b) Awarding contracts and authority of council.--

24(1) The award of contracts must be made by public
25announcement at the meeting at which bids are received, or at
26a subsequent meeting, the time and place of which shall be
27publicly announced when bids are received. If for any reason
28one or both of the meetings are not held, the same business
29may be transacted at a subsequent meeting if at least five
30days' notice shall be published in the newspaper of general

1circulation. At council's request, the bids advertised for
2must be accompanied by cash, money order, a certified or
3cashier's good faith check or other irrevocable letter of
4credit drawn upon a bank authorized to do business in this
5Commonwealth or by a bond with corporate surety in the amount
6as council determines, and, when requested, no bid may be
7considered unless so accompanied.

8(2) Notwithstanding paragraph (1), council may direct
9that a committee of council, a member of council or a member
10of the borough staff receive, open and review bids during
11normal business hours and forward the information to council
12for subsequent award at a public meeting. Bidders must be
13notified and other interested parties, upon request, must be
14notified of the date, time and location of the opening of
15bids and may be present when the bids are opened.

16(c) Security.--The successful bidder when advertising is
17required may, at the discretion of council, be required to
18furnish a bond or irrevocable letter of credit or other security
19with suitable reasonable requirements guaranteeing the work to
20be done with sufficient surety in an amount as determined by
21council that must be not less than 10% nor more than 100% of the
22amount of the liability under the contract within 20 days after
23the contract has been awarded, unless council shall prescribe a
24shorter period of not less than ten days, and, upon failure to
25furnish the security within the time, the previous award is
26void. Deliveries, accomplishment and guarantees may be required
27in all cases of expenditures.

28(d) Contracts or purchases.--The contracts or purchases made
29by council, which shall not require advertising, bidding or
30price quotations as provided in this part, are as follows:

1(1) Those for maintenance, repairs or replacements for
2water, electricity or public works of the borough, if they do
3not constitute new additions, extensions or enlargements of
4existing facilities and equipment, but security may be
5required by council, as in other cases of work done.

6(2) Those made for improvements, repairs and maintenance
7of any kind, made or provided by a borough, through its own
8employees, if the materials used for street improvement,
9maintenance or construction in excess of the amount specified
10or adjusted under subsection (a.1) are subject to the
11relevant price quotation or advertising requirements
12contained in this section.

13(3) Those under which particular types, models or pieces
14of new equipment, articles, apparatus, appliances, computer
15software, vehicles or parts of vehicles are desired by
16council, which are patented and manufactured or copyrighted
17products.

18(3.1) Those for used equipment, articles, apparatus,
19appliances, vehicles or parts of vehicles being purchased
20from a public utility, municipal corporation, county, school
21district, municipal authority, council of government or
22Federal or State Government.

23(4) (i) Those involving a policy of insurance or a
24surety company bond.

25(ii) Those made for utility service for borough
26purposes, including, but not limited to, those made for
27natural gas or telecommunications services.

28(iii) Those made for electricity with the entities
29set forth in paragraph (6)(i), (ii), (iii), (iv), (v),
30(vi) and (vii)(A).

1(iv) Those made with another political subdivision,
2or a county, or council of government, consortium,
3cooperative or other similar entity created under 53
4Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
5cooperation) or the Commonwealth, the Federal Government,
6an agency of the Commonwealth or the Federal Government,
7or a municipal authority, including the sale, lease or
8loan of any supplies or materials by the Commonwealth or
9the Federal Government or their agencies. The price may
10not be in excess of that fixed by the Commonwealth, the
11Federal Government or their agencies.

12(5) Those involving personal or professional services.

13(6) Those made relating to the purchase of electricity
14and associated energy and related services by a borough
15owning or operating electric generation or distribution
16facilities on January 1, 1966, with any of the following:

17(i) A political subdivision.

18(ii) Another state.

19(iii) The Commonwealth or a Commonwealth agency.

20(iv) The Federal Government.

21(v) A private corporation.

22(vi) An electric cooperative corporation under 15
23Pa.C.S. Ch. 73 (relating to electric cooperative
24corporations).

25(vii) A nonprofit membership corporation. As used in
26this subparagraph, the term "nonprofit membership
27corporation" means an entity, the membership of which:

28(A) consists solely of Commonwealth boroughs,
29such as a consortium, buying group or municipal power
30agency under section 24A04 (relating to municipal
 

1power agencies); or

2(B) consists of Commonwealth boroughs and
3political subdivisions of another state.

4(viii) An electric cooperative of another state.

5Nothing in this paragraph prohibits council from engaging in
6advertising, bidding or price quotations if the council
7determines that the advertising, bidding or price quotations
8are in the public interest.

9(e) Council shall award contracts subject to the
10requirements of and may exercise any powers granted by the
11following acts to the extent applicable:

12(1) The act of August 15, 1961 (P.L.987, No.442), known
13as the Pennsylvania Prevailing Wage Act.

14(2) The act of December 20, 1967 (P.L.869, No.385),
15known as the Public Works Contractors' Bond Law of 1967.

16(3) The act of January 17, 1968 (P.L.11, No.5), known as
17The Minimum Wage Act of 1968.

18(4) The act of January 23, 1974 (P.L.9, No.4), referred
19to as the Public Contract Bid Withdrawal Law.

20(5) The act of March 3, 1978 (P.L.6, No.3), known as the
21Steel Products Procurement Act.

22(6) The act of February 17, 1994 (P.L.73, No.7), known
23as the Contractor and Subcontractor Payment Act.

24(7) 62 Pa.C.S. Pt. II (relating to general procurement
25provisions).

26(f) Prohibition.--No person, consultant, firm or corporation
27contracting with the borough for purposes of rendering personal
28or professional services to the borough may share with a borough
29officer or employee, and no borough officer or employee may
30accept, a portion of the compensation or fees paid by the

1borough for the contracted services provided to the borough
2except under the following terms or conditions:

3(1) Full disclosure of the relevant information
4regarding the sharing of the compensation or fees must be
5made to the council of the borough.

6(2) The council of the borough must approve the sharing
7of a fee or compensation for personal or professional
8services prior to the performance of the services.

9(3) No fee or compensation for personal or professional
10services may be shared except for work actually performed.

11(4) No shared fee or compensation for personal or
12professional services may be paid at a rate in excess of that
13commensurate for similar personal or professional services.

14§ 1403. Evasion of advertising requirements.

15(a) Prohibition.--

16(1) No member of council may evade section 1402
17(relating to regulation of contracts) as to advertising for
18bids by purchasing or contracting for services and personal
19properties piecemeal for the purpose of obtaining prices
20under the amount specified or adjusted under section 1402(a)
21upon transactions, which transactions should, in the exercise
22of reasonable discretion and prudence, be conducted as one
23transaction amounting to more than the amount specified or
24adjusted under section 1402(a).

25(2) This subsection is intended to make unlawful the
26evading of advertising requirements by making a series of
27purchases or contracts, each for less than the advertising
28requirement price, or by making several simultaneous
29purchases or contracts, each below the price, when, in either
30case, the transactions involved should have been made as one

1transaction for one price.

2(3) Any members of council who vote in violation of this
3subsection and know that the transaction upon which they vote
4is or should be a part of a larger transaction and is being
5divided in order to evade the requirements as to advertising
6for bids shall be jointly and severally subject to surcharge
7for 10% of the full amount of the contract or purchase.

8(4) If it appears that a member of council may have
9voted in violation of this section, but the purchase or
10contract on which the member of council voted was not
11approved by council, this section shall not apply.

12(b) Penalty.--Any council member who votes to unlawfully
13evade the provisions of section 1402 and knows that the
14transaction upon which the member voted is or should be a part
15of a larger transaction and is being divided in order to evade
16the requirements as to advertising for bids commits a
17misdemeanor of the third degree for each contract entered into
18as a direct result of that vote. The penalty under this
19subsection shall be in addition to a surcharge that may be
20assessed under subsection (a).

21§ 1404. Personal interest in contracts or purchases.

22Elected and appointed borough officials and borough employees
23are restricted from an interest in borough contracts and
24purchases to the extent provided in 65 Pa.C.S. Ch. 11 (relating 
25to ethics standards and financial disclosure).

26§ 1404.1. Purchase contracts for petroleum products and fire
27company, etc., participation.

28The council of each borough shall have power to permit,
29subject to terms and conditions as it may and, as specifically
30provided, shall, prescribe, a paid or volunteer fire company,

1paid or volunteer rescue company and paid or volunteer ambulance
2company in the borough to participate in purchase contracts for
3petroleum products entered into by the borough. A company
4desiring to participate in purchase contracts shall file with
5the borough secretary a request to authorize it to participate
6in contracts for the purchase of petroleum products of the
7borough and agreeing that it will be bound by the terms and
8conditions as the borough may and, as specifically provided,
9shall, prescribe and that it will be responsible for payment
10directly to the vendor under each purchase contract. Among the
11terms and conditions, the borough shall prescribe that the
12prices must be F.O.B. destination.

13§ 1405. Separate bids for plumbing, heating, ventilating and
14electrical work.

15If, in the preparation for the erection, construction and
16alteration of a public building, the entire cost of the work
17exceeds the amount specified or adjusted under section 1402(a)
18(relating to regulation of contracts), the architect, engineer
19or other person preparing the specifications may, if requested
20by the council, prepare separate specifications for the
21plumbing, heating, ventilating and electrical work. The person
22authorized to enter into contracts for the erection,
23construction or alteration of the public buildings may, if the
24separate specifications have been proposed, receive separate
25bids upon each of the branches of work and shall award the
26contract to the lowest responsible bidder for each of the
27branches.

28§ 1406. Bonds for the protection of labor and materials.

29Before a contract exceeding $10,000 is awarded to a prime
30contractor or construction manager for the construction,

1erection, installation, completion, alteration, repair of or
2addition to a public work or improvement of any kind, the
3contractor shall furnish to the borough a payment bond for the
4protection of claimants supplying labor or materials to the
5prime contractor to whom the contract is awarded, at 100% of the
6contract amount, conditioned for the prompt payment of the
7materials furnished or labor supplied or performed in the
8prosecution of the contract under the act of December 20, 1967
9(P.L.869, No.385), known as the Public Works Contractors' Bond
10Law of 1967. The bond requirement is in addition to any other
11bond requirement required by law to be given in connection with
12the contract.

13§ 1407. (Reserved).

14§ 1408. (Reserved).

15§ 1409. (Reserved).

16§ 1410. Acceptance by contractor of Workers' Compensation Act.

17(a) Contract provision.--A contract executed by a borough or
18an officer of a borough, which involves the construction or
19doing of work involving the employment of labor, must contain a
20provision that the contractor shall accept, insofar as the work
21covered by the contract is concerned, the provisions of the act
22of June 2, 1915 (P.L.736, No.338), known as the Workers'
23Compensation Act, and the supplements and amendments to the
24Workers' Compensation Act, and that the contractor will insure
25his liability under the act and will file with the borough with
26which the contract is made a certificate of insurance providing
27evidence of the coverage or file with the borough with which the
28contract is made a certificate of exemption from insurance from
29the Bureau of Workers' Compensation of the Department of Labor
30and Industry. The certificate of exemption from insurance may be

1issued on the basis of either individual self-insurance or group
2self-insurance. Additionally, a contractor shall file with the
3borough with which the contract is made any applications to be
4excepted by the provisions of the Workers' Compensation Act in
5respect to certain employees on religious grounds if the
6applications have been accepted by the Department of Labor and
7Industry.

8(b) Violation.--A contract executed in violation of
9subsection (a) is null and void.

10§ 1411. (Reserved).

11CHAPTER 15

12EMINENT DOMAIN, ASSESSMENT OF DAMAGES AND

13DAMAGES FOR INJURY TO PROPERTY

14Subchapter

15A. General Provisions Relating to Eminent Domain

16B. Procedure for Assessment of Benefits by Viewers
17(Reserved)

18C. Damages for Injury to Property

19SUBCHAPTER A

20GENERAL PROVISIONS RELATING

21TO EMINENT DOMAIN

22Sec.

231501. Exercise of eminent domain.

241502. Restrictions as to certain property.

251502.1. Declaration of intention.

261503. Application of 26 Pa.C.S.

27§ 1501. Exercise of eminent domain.

28A borough may enter upon, appropriate, injure or destroy
29private lands, property or material, or lands previously granted
30or dedicated to public use that are no longer used for the

1purpose for which the lands were granted, according to the
2proceedings set forth in 26 Pa.C.S. (relating to eminent
3domain), for any of the following purposes:

4(1) The laying out, opening, widening, extending,
5vacating, grading or changing the grades or lines of streets.

6(2) The construction of bridges and the piers and
7abutments for bridges.

8(3) The construction of slopes, embankments and sewers.

9(4) The erection and extension of water systems, wharves
10and docks, public buildings, public auditoriums, memorials,
11monuments, public works, filtration plants, sewerage systems,
12sewage treatment works, refuse disposal or incineration
13plants, sanitary landfills, gas plants, electric plants and
14libraries.

15(5) The establishing of parks, playgrounds and
16recreation places, the changing of watercourses.

17(6) For all other purposes authorized by this part.

18§ 1502. Restrictions as to certain property.

19(a) Historically significant property.--In addition to a
20restriction made by another provision of this part in a
21particular case, no borough may exercise the right of eminent
22domain against:

23(1) land now occupied by a building that was used during
24the Colonial or Revolutionary period as a place of assembly
25by the Council of the Colony of Pennsylvania, the Supreme
26Executive Council of the Commonwealth of Pennsylvania or the
27Congress of the United States;

28(2) the land occupied by a fort, redoubt or blockhouse
29erected during the Colonial or Revolutionary period or a
30building used as headquarters by the Commander-in-Chief of

1the Continental Army; or

2(3) the site of a building, fort, redoubt, blockhouse,
3or headquarters that is preserved for its historic
4associations and not for private profit.

5(a.1) Colonial or Revolutionary period.--For the purposes of
6subsection (a), the Colonial and Revolutionary period terminates
7on September 3, 1783.

8(b) Prohibition.--No land or property used for a cemetery,
9burying ground or place of public worship may be taken or
10appropriated by virtue of a power contained in this chapter.

11§ 1502.1. Declaration of intention.

12A borough shall declare its intention to acquire, enter upon,
13take, use and appropriate any private property or land for any
14of the purposes authorized by this chapter through a duly
15enacted ordinance.

16§ 1503. Application of 26 Pa.C.S.

17Eminent domain proceedings must conform to the provisions of
1826 Pa.C.S. (relating to eminent domain), including, but not
19limited to, payment of damages and costs.

20SUBCHAPTER B

21PROCEDURE FOR ASSESSMENT OF BENEFITS BY VIEWERS

22(Reserved)

23SUBCHAPTER C

24DAMAGES FOR INJURY TO PROPERTY

25Sec.

261561. Right to damages given in certain cases.

271562. (Reserved).

281563. (Reserved).

291564. (Reserved).

301565. (Reserved).

1§ 1561. Right to damages given in certain cases.

2The right to damages against a borough is given to an owner
3or tenant of land, property or material, abutting on, or through
4which pass, streets, injured by the vacating of the streets, or
5the vacation of bridges and piers, abutments and approaches.

6§ 1562. (Reserved).

7§ 1563. (Reserved).

8§ 1564. (Reserved).

9§ 1565. (Reserved).

10CHAPTER 16

11LAND SUBDIVISION

12(Reserved)

13CHAPTER 17

14STREETS

15Subchapter

16A. General Provisions

17B. Plan of Streets

18C. Laying out Streets

19D. Opening, Acceptance and Vacation of Streets

20E. Vacating Streets (Reserved)

21F. Straightening and Relocating Streets

22G. Improvement of Borough Streets

23H. Improvement of Streets Outside or Partly Outside Borough
24Limits

25I. Acquisition or Use of Abutting Lands

26SUBCHAPTER A

27GENERAL PROVISIONS

28Sec.

291701. Definitions.

301702. (Reserved).

11703. (Reserved).

21704. Streets connecting with street of other municipality.

31705. Entry on land to maintain marks and monuments.

41706. Exclusive nature of provisions.

51707. Failure of council to hold hearing.

61708. Street lighting, ornamental lighting and traffic control
7signals and devices.

8§ 1701. Definitions.

9The following words and phrases when used in this chapter
10shall have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Improving a street." The term includes work upon a street
13or portion thereof done or proposed to be done in order to open
14the street, if the street has not previously been opened or, if
15previously opened, to make the street more usable or more
16suitable for use by the traveling public or safer for the use.
17The term includes, but is not limited to, grading, paving,
18curbing and macadamizing.

19"Laying out." The term includes the plotting of:

20(1) An unopened street or portion of the street on a
21borough plan or official map adopted in accordance with the
22Pennsylvania Municipalities Planning Code on a subdivision or
23land development plan or by the enactment of an ordinance
24adopted in accordance with this chapter.

25(2) An unopened street in a case where any of the lines
26of the street are proposed to be revised or in a case where
27the street was never previously laid out although the street
28may have been opened and used.

29"Opened streets." The term includes the streets within the
30borough used as public passageways.

1"Opening a street." The term includes the construction and
2grading of a street or portion thereof and the act of physically
3taking possession of an area or laid-out street for the purpose
4of making the same usable to the traveling public.

5"Person." The term includes a natural person, association,
6firm, corporation or political subdivision.

7"Personal notice." The term includes notice upon the owner
8of a premises either by personal service upon the owner or by
9certified mail to the owner at the owner's last known address.
10Where service has not been successfully made by either of the
11two methods first mentioned, it may be made by leaving the
12notice at or upon the premises.

13"Portion." The term includes a portion either of the width
14or length of a street. Opening a portion of a street may mean
15extending or widening a street and vacating a portion of a
16street may mean closing or narrowing a street.

17"Street." The term includes a street, road, lane, court,
18cul-de-sac, alley, public way and public square, either for or
19intended for public use, and includes the cartway, sidewalk,
20gutter and the right-of-way area, whether or not the street or a
21part of the street is owned in fee by others than the borough.
22Streets are of two classes, opened and unopened.

23"Unopened streets." The term includes the streets within the
24borough neither used as a public passageway, nor accepted or
25maintained, but plotted in one of the following:

26(1) a borough plan or official map adopted in accordance
27with the Pennsylvania Municipalities Planning Code;

28(2) an ordinance laying out the street in accordance
29with this chapter;

30(3) a subdivision or land development plan; or

1(4) an individual deed.

2§ 1702. (Reserved).

3§ 1703. (Reserved).

4§ 1704. Streets connecting with street of other municipality.

5No action may be taken under this chapter that would result
6in the change of location or grade or the vacation of a street
7or portion thereof that connects with a street of another
8municipality, without approval of the court of common pleas of
9the county in which the municipality is located, unless the
10municipality first files with the borough secretary its approval
11of the proposed action.

12§ 1705. Entry on land to maintain marks and monuments.

13The council, its agents and employees, may enter upon any
14land or property and maintain marks and monuments, so far as the
15council may deem necessary, in carrying out its powers and
16duties under this chapter.

17§ 1706. Exclusive nature of provisions.

18No street may be dedicated, accepted, acquired, laid out,
19opened or vacated by a borough except under this chapter.

20§ 1707. Failure of council to hold hearing.

21If, after the filing of a petition under this chapter,
22council fails to hold a required hearing, an aggrieved party may
23file a mandamus action in the court of common pleas requesting
24that a hearing be held.

25§ 1708. Street lighting, ornamental lighting and traffic
26control signals and devices.

27Council may provide street lights and ornamental lighting and
28make regulations for the protection of lighting. Council may
29assess the costs for the erection of lighting in accordance with
30Chapter 21A (relating to assessments and charges for public
 

1improvements). Council may provide for the erection, maintenance
2and operation of traffic control signals and devices in
3accordance with 75 Pa.C.S. (relating to vehicles).

4SUBCHAPTER B

5PLAN OF STREETS

6Sec.

71711. (Reserved).

81712. Borough street plan.

9§ 1711. (Reserved).

10§ 1712. Borough street plan.

11(a) Adoption of plan.--A borough that has not maintained an
12accurate plan of borough streets adopted in accordance with this 
13part prior to July 16, 2012, may only adopt a plan of streets
14under the Pennsylvania Municipalities Planning Code, governing
15the adoption of an official map.

16(b) Amendments to plan.--If a borough maintains a plan of
17streets adopted prior to July 16, 2012, or maintains an official
18map containing opened and unopened streets, a street laid out in
19accordance with this part by ordinance or by final approval of a
20subdivision or land development plan must be deemed an amendment
21to the plan. Notwithstanding any other provision of law, a
22deemed amendment as provided in this section and a subsequent
23placement of the street on a plan may not be subject to public
24notice or public hearing, if the street has been laid out in
25accordance with the requirements of this chapter.

26(c) Prohibition.--The maintenance of a plan of streets or
27official map shall not be required in order for a borough to lay
28out streets in accordance with section 1721.2(b) (relating to 
29laying out streets and procedure) or lay out and open a street
30in accordance with section 1724 (relating to effect of laying
 

1out street).

2SUBCHAPTER C

3LAYING OUT STREETS

4Sec.

51721. (Reserved).

61721.1. Power to lay out, open, etc.

71721.2. Laying out streets and procedure.

81722. (Reserved).

91723. (Reserved).

101724. Effect of laying out street.

11§ 1721. (Reserved).

12§ 1721.1. Power to lay out, open, etc.

13(a) Authority of borough.--In accordance with the provisions
14of this chapter, boroughs may, with or without petition of
15abutting property owners, lay out, open, widen, straighten,
16alter, extend and improve, and may establish or reestablish the
17grades of, and keep in order and repair and in safe passable
18condition, a street or portion of a street within the borough
19limits or may vacate the street or portion of a street if deemed
20expedient for the public good and provide for the costs of
21alteration.

22(b) Laying out or opening streets.--Boroughs may lay out or
23open:

24(1) a street or portion of a street as it appears upon a
25borough plan or an official map adopted in accordance with
26the Pennsylvania Municipalities Planning Code or is described
27in an ordinance adopted in accordance with this chapter;

28(2) a street or portion of a street that the borough
29determines to acquire by eminent domain;

30(3) a street to which the public has acquired rights by

1constant use over a period exceeding 21 years; or

2(4) a street or portion of a street, laid out or
3constructed by a person that the borough sees fit to open or
4accept as provided in this chapter.

5§ 1721.2. Laying out streets and procedure.

6(a) Streets deemed to be laid out.--A street identified in a
7plan of streets, an official map adopted in accordance with the
8Pennsylvania Municipalities Planning Code or a recorded
9subdivision or land development plan is deemed to be laid out
10for purposes of this part.

11(b) Future street opening.--A borough has the authority, by
12ordinance, to lay out an area for future opening as a public
13street. The proposed ordinance laying out the street must be
14advertised in a newspaper of general circulation once a week for
15two successive weeks. On or before the publication of the first
16advertisement, personal notice must be provided to the owners of
17a property abutting the proposed street or through which the
18proposed street is to be laid out, and, if the proposed street
19will lead into an adjacent municipality, a copy of the proposed
20ordinance must be sent to the adjacent municipality. The
21proposed ordinance must have appended to the ordinance or
22referenced a map sufficient to apprise the public of the
23proposed location, profile and dimensions of the street and must
24list the names of the owners of a property through which the
25proposed street has been laid out.

26(c) Hearing, notice and enactment.--Within ten days after
27the second publication of the notice required under subsection
28(b), an interested party may petition council for a hearing,
29which council shall hold within 60 days after the date of the
30petition. Council shall give at least 15 days' notice of the

1hearing in a newspaper of general circulation and by personal
2notice to persons entitled to the notice under subsection (b).
3Council may enact the ordinance no later than 30 days following
4the date of the hearing or, where no timely petition has been
5filed, within 30 days of the second publication of the notice
6required by subsection (b). The enactment of the ordinance
7constitutes public notice of the borough's intent to recognize
8the street within the system of borough streets and the
9borough's rights in the street. Within 30 days of the enactment
10of the ordinance, a party aggrieved by council's action may
11appeal to the court of common pleas.

12(d) Filing of ordinance.--If, at the time of the enactment
13of an ordinance in accordance with subsection (c), the lines of
14the laid out street include property not subject to use as a
15public passageway, the ordinance must be filed with the recorder
16of deeds of the county where the borough is located. The
17recorder of deeds shall index the ordinance by name of borough,
18name of the property owner and, if applicable, parcel number of
19the property through which the proposed street is laid out.

20(e) Landowners.--If a street has been laid out by ordinance
21as provided in this section, the owner or subsequent owner has
22no right to damages for buildings or improvements placed on
23streets after the date of enactment, and the buildings or
24improvements must be removed at the expense of the landowner
25after the opening of the street in accordance with this part.

26(f) Laying out without opening.--The laying out of a street,
27without opening the street, creates no right to public use of
28the street and does not constitute the taking or acceptance of a
29property or obligate the borough to improve or maintain the
30street or the property on which the street has been laid out.

1(g) Previously laid out streets.--Nothing in this section
2may affect the validity or legal effect of a street laid out in
3accordance with law prior to July 16, 2012.

4§ 1722. (Reserved).

5§ 1723. (Reserved).

6§ 1724. Effect of laying out street.

7(a) Street unopened after ten years.--At any time after a
8street or portion of the street has remained laid out but not
9opened for a period of ten years or longer, an owner of 50% of
10the front feet of the land over which the street or portion of
11the street was laid out may petition the council to cancel the
12laying out of the street. Following at least 15 days' notice in
13a newspaper of general circulation and at least 15 days'
14personal notice to the owners of the real estate abutting upon
15the land over which the street or portion of the street was laid
16out, council shall hold a public hearing on the matter. Council
17may, on motion, deny the petition or, by ordinance, grant the
18petition and cancel the laying out of the street. A person
19aggrieved by the decision of the council, either granting or
20denying the petition, may appeal it. The ordinance providing for
21the cancellation of the laying out of a street must be filed
22with the recorder of deeds in accordance with section 1721.2(d)
23(relating to laying out streets and procedure).

24(b) Street unopened after 21 years.--If a street has been
25laid out and has not been opened to or used by the public for a
26period of 21 years, the street may not thereafter be opened
27without the consent of at least 51% percent of the number of
28owners of the abutting real estate and without the consent of
29the owners of at least 51% of the property abutting the street,
30based on a front foot basis.

1SUBCHAPTER D

2OPENING, ACCEPTANCE AND

3VACATION OF STREETS

4Sec.

51731. Authority to open and vacate streets and procedure.

61732. Petition for opening or vacating street and action
7thereon.

81733. Action for damages and benefits and award.

91734. Acceptance and dedication of streets.

101735. Streets not to be constructed, dedicated or opened to
11travel without the approval of council.

121736. (Reserved).

131737. (Reserved).

14§ 1731. Authority to open and vacate streets and procedure.

15(a) Authority of council authority.--By ordinance, council
16has the authority to:

17(1) Open a street or portion of a street previously laid
18out or simultaneously to lay out and open a street or portion
19thereof. A street or portion of a street so opened is a
20public street of the borough.

21(2) Vacate or close a street or portion of a street
22previously opened or laid out provided that no street or
23portion of a street providing the sole means of access to a
24tract of land is vacated without the consent of those to whom
25access would be denied. Vacation of a street terminates the
26public right in or to the street but does not affect a
27private right acquired by an owner of abutting property.

28(b) Notice.--The proposed ordinance opening or vacating a
29street or portion of a street must be advertised in a newspaper
30of general circulation once a week for two successive weeks. On

1or before the publication of the first advertisement, personal
2notice must be provided to the owners of a property abutting the
3street proposed to be opened or vacated. The proposed ordinance
4must have appended to it or reference a map or survey sufficient
5to apprise the public of the proposed location, profile and
6dimensions of the street and must list the names of the owners
7of a property abutting the street.

8(c) Hearing.--Within ten days after the second publication
9of the notice required under subsection (b), an interested party
10may petition council for a hearing, which council shall hold
11within 60 days after the date of the petition. Council shall
12give at least 15 days' notice of the hearing in a newspaper of
13general circulation and by personal notice to persons entitled
14to notice under subsection (b). Council may enact the ordinance
15no later than 30 days following the date of the hearing or,
16where no timely petition has been filed, within 30 days of the
17second publication of the notice required under subsection (b).
18Within 30 days of the enactment of the ordinance, any party
19aggrieved by council's action may appeal to the court of common
20pleas.

21§ 1732. Petition for opening or vacating street and action
22thereon.

23(a) Petitioning council.--Any person or persons constituting
24a majority in number and interest of the owner of the real
25estate abutting upon an area not opened as a street or abutting
26upon an existing street or portion of a street may petition the
27council to:

28(1) Open or lay out and open the area as a street or
29portion of a street.

30(2) Vacate a street or portion of a street.

1(b) Hearing and decision.--Council shall hold a hearing
2after receiving a petition filed with council in accordance with
3subsection (a), following at least 15 days' personal notice to
4the owners of abutting real estate not joining in the petition
5and following at least 15 days' notice thereof in a newspaper of
6general circulation. Following the hearing, council shall either
7by motion deny the petition or by ordinance open, lay out and
8open or vacate the street or portion of the street. The
9provisions of section 1731 (relating to authority to open and 
10vacate streets and procedure) applicable to ordinances enacted
11by authority of that section apply to ordinances enacted by
12authority of this section.

13(c) Release.--A petition for the vacation of a street or
14portion of a street may release the borough from the damages
15sustained as a result of the vacation if the petition is signed
16by the owners of the property abutting upon the street or
17portion of the street. Where the release has been included in
18the petition, no proceedings for award of damages may be had,
19and no damages as a result of the vacation may, under any
20conditions, be awarded to an abutting property owner.

21§ 1733. Action for damages and benefits and award.

22(a) Authority of borough.--Upon the effective date of an
23ordinance enacted to open a street or portion of a street by
24authority of section 1731 (relating to authority to open and 
25vacate streets and procedure) or 1732 (relating to petition for 
26opening or vacating street and action thereon), the borough has
27authority to enter upon and take possession of the street or
28portion of the street opened by the ordinance, if no structures
29are upon the street. If a structure has been located upon the
30street or portion of the street so opened, prior to the laying

1out of the street or prior to the simultaneous laying out and
2opening of the street, the street may not be opened until the
3owner of the structure has been given 60 days' personal notice
4to vacate the structure. Council may not be required to file any
5bond or security for the exercise of the right granted by this
6section.

7(b) Limitation.--The parties whose ground is taken in the
8opening of a street or portion of the street have three years
9from and after the effective date of the ordinance opening the
10street or portion of the street in which to bring an action for
11damages resulting from the opening of the street or portion of
12the street. In case of the assessment of damages for the opening
13of a street or portion of the street, the award of damages, if
14any, includes:

15(1) the damages resulting from the grade at which the
16street or portion of the street is to be opened; and

17(2) the plan attached to the report of the viewers
18awarding the damages must include a profile plan showing the
19existing grade as well as the grade to which the street or
20portion of the street is to be opened.

21Costs and expenses that cannot be assessed upon property
22benefited must be paid by the borough.

23(c) No agreement on damages.--If the parties cannot agree
24upon damages sustained by reason of the opening or vacation of
25any street or portion of a street, the damages shall be assessed
26by a jury of view under the law governing eminent domain.

27§ 1734. Acceptance and dedication of streets.

28(a) Accept an opened street.--A borough may, by ordinance,
29accept an opened street not previously dedicated to or laid out
30by the borough by following the procedure set forth in section

11731 (relating to authority to open and vacate streets and 
2procedure) or 1732 (relating to petition for opening or vacating 
3street and action thereon), and the effect of the acceptance
4shall be the same as of opening the street. No street may be
5accepted unless the street connects with at least one other
6previously opened street or State highway.

7(b) Prohibition.--No borough may acquire a right in or
8responsibility for a street privately constructed until
9dedication of the street has been presented to and accepted by
10the borough and until the dedication has been recorded in the
11county office for the recording of deeds.

12§ 1735. Streets not to be constructed, dedicated or opened to
13travel without the approval of council.

14(a) Requirements.--No person may construct, dedicate or open
15to travel a street or a drainage facility in connection with the
16street for public use or travel or for the common use of
17occupants of buildings abutting thereon in a borough without
18first submitting suitable plans to the council and obtaining its
19approval. The plans must:

20(1) be prepared in accordance with rules and regulations
21as may be prescribed by the council; and

22(2) show the profiles of the street, the course,
23structure and capacity of a drainage facility, and the method
24of drainage of the adjacent or contiguous territory, and any
25other or further details that may be required under the rules
26or regulations adopted by the council.

27(b) Pennsylvania Municipalities Planning Code.--The
28Pennsylvania Municipalities Planning Code shall apply to the
29construction, security requirements and dedication of streets
30and connected drainage facilities if the streets proposed to be

1constructed are part of a plan required by an ordinance adopted
2under the Pennsylvania Municipalities Planning Code.

3(c) Authority and duties of council.--

4(1) Before acting upon plans not subject to review under
5subsection (b), council may, at its discretion, arrange for a
6public hearing after giving the notice as it may deem
7desirable in each case. Council may alter the plans and
8specify changes or modifications of any kind and may make its
9approval of the plans subject to alterations, changes or
10modifications. Plans, when so approved, must be:

11(i) signed on behalf of the borough by the officer
12as the council may designate; and

13(ii) must be filed where the plans are available for
14public inspection among the records of the borough at
15reasonable times.

16(2) No approval of plans by council may obligate or
17require the borough to construct, reconstruct, maintain,
18repair or grade a street or drainage facilities associated
19therewith.

20(d) No plan approved.--If the council refuses to approve any
21plans submitted to it, a person aggrieved by the action of
22council may, within 30 days after the action, appeal from the
23action by petition to the court of common pleas of the county,
24and the court shall hear the matter de novo. After hearing, the
25court may enter a decree affirming, reversing or modifying the
26action of the council as may appear just. The court shall
27designate the manner in which notice of the hearing of an appeal
28shall be given to all parties interested. The decision of the
29court shall be final. A plan approved by the action of council
30or by the court on appeal must be recorded by the person

1applying for approval in the office of the recorder of deeds in
2the county.

3(e) Restriction.--If a street or a drainage facility in
4connection with the street is opened, constructed or dedicated
5for public use or travel, except in strict accordance with a
6plan approved by the council or the court on appeal as provided
7in this chapter, neither the council nor any other public
8authority may place, construct or operate a sewer, drain, water
9pipe or other facility or do any work in or upon the street.
10Neither council nor any other public authority has a
11responsibility with respect to the street or drainage facility,
12notwithstanding the use of the street or drainage facility by
13the public. Nothing in this chapter prevents the laying of a
14trunk sewer, drain or water or gas main, if required by
15engineering necessity for the accommodation of other territory.

16(f) Failure to comply with chapter.--A person who
17constructs, opens or dedicates a street or drainage facility in
18connection with a street, for public use or travel in a borough,
19without having first complied with this chapter is guilty of a
20misdemeanor of the third degree and is subject to a suit for the
21costs and damages incurred by the borough or property owners in
22the course of correcting the substantive violations of State law
23or borough ordinance resulting from or arising out of the
24unlawfully constructed street or facility. Nothing under this
25section may be construed to apply to the Department of
26Transportation.

27§ 1736. (Reserved).

28§ 1737. (Reserved).

29SUBCHAPTER E

30VACATING STREETS

1(Reserved)

2SUBCHAPTER F

3STRAIGHTENING AND RELOCATING STREETS

4Sec.

51751. Authority to straighten and relocate streets and
6procedure.

7§ 1751. Authority to straighten and relocate streets and
8procedure.

9Council may, by ordinance, provide for straightening or
10relocating any street previously opened which involves the
11opening of a portion of the straightened or relocated street
12over land not previously a portion of the street or the vacation
13of a portion of the previously opened street no longer to be
14used for street purposes. The straightening or relocation shall
15be considered as an opening or vacation and shall be effected in
16the same manner and by the same procedure as provided in section
171731 (relating to authority to open and vacate streets and
18procedure) but may be considered as a single proceeding to be
19effected by enactment of a single ordinance.

20SUBCHAPTER G

21IMPROVEMENT OF BOROUGH STREETS

22Sec.

231761. Proceedings with or without petition.

241762. (Reserved).

251763. (Reserved).

26§ 1761. Proceedings with or without petition.

27Boroughs may improve streets, parts of streets or a
28particular width or additional widths of streets, with or
29without the assistance or contribution of the Federal
30Government, the Commonwealth, the county or a corporation

1occupying the thoroughfare, and may assess and collect the whole
2cost of improvement, the whole cost not aided or contributed or
3any part of the cost from the owners of real estate abutting on
4the improvement in accordance with Chapter 21A (relating to 
5assessments and charges for public improvements).

6§ 1762. (Reserved).

7§ 1763. (Reserved).

8SUBCHAPTER H

9IMPROVEMENT OF STREETS OUTSIDE OR PARTLY

10OUTSIDE BOROUGH LIMITS

11Sec.

121771. Improvement of streets outside or partly outside borough
13limits.

141772. (Reserved).

151773. (Reserved).

161774. (Reserved).

171775. (Reserved).

18§ 1771. Improvement of streets outside or partly outside
19borough limits.

20(a) General rule.--

21(1) Any borough may enter into a written agreement with
22an adjoining municipality for improving streets, including
23streets that are boundaries between the borough and the
24municipality and may provide in the contract for the division
25of the damages, costs and expenses of the improvement.

26(2) The borough may assess its share of the costs 
27against the owner of property abutting upon the borough's 
28side of the improvement in the manner provided in Chapter 21A 
29(relating to assessments and charges for public improvements) 
30or may agree to pay any part of the costs, damages and
 

1expenses of the improvements out of the general funds.

2(3) The portion of the damages, costs and expenses
3agreed to be paid by the borough shall be ascertained as
4provided in the law governing eminent domain.

5(b) Street dividing borough and township.--

6(1) If the center line of any street constitutes the
7dividing line between a borough and a township located in the
8same county, any agreement to improve and maintain the street
9shall be made with the governing bodies of the township and,
10if necessary, the county.

11(2) The improvement shall be constructed and subsequent
12repairs shall be made under the supervision of the borough
13and in compliance with plans to be agreed upon, in writing,
14by the parties.

15(3) One-half of the cost of the repairs shall be borne
16by the borough. The borough may assess its share of costs
17against the owners of real property abutting on the borough's
18side of the improvement in the manner provided in Chapter
1921A.

20(c) Street dividing borough and any other municipality.--

21(1) If any street, more than one-half the width or the
22entire width of which is within the limits of any borough,
23divides the borough from any other municipality, the street
24may be improved by the borough.

25(2) The property abutting on the side of the street
26which is located outside the limits of the borough making the
27improvements may, for a depth of 150 feet, plus one-half the
28width of the street, from its center line, be assessed for
29any and all municipal improvements to or on the street in
30accordance with Chapter 21A.

1(d) Street outside limits of borough.--A borough may
2appropriate and expend money for the improvement of a street,
3not to exceed one mile in length, outside the limits of the
4borough for the purpose of connecting improved streets in the
5borough with State highways, interstate highways and county
6roads.

7§ 1772. (Reserved).

8§ 1773. (Reserved).

9§ 1774. (Reserved).

10§ 1775. (Reserved).

11SUBCHAPTER I

12ACQUISITION OR USE OF ABUTTING LANDS

13Sec.

141781. (Reserved).

151782. Acquisition of property for unobstructed view.

16§ 1781. (Reserved).

17§ 1782. Acquisition of property for unobstructed view.

18(a) General rule.--Any borough may, singly or jointly with
19another municipality, acquire, by purchase or by the right of
20eminent domain, a free and unobstructed view down and across
21lands located at or near the intersection of any two streets or
22highways or a street or highway and a railroad or railway or at
23a curve in any street or highway as may be necessary to
24accomplish the following:

25(1) Assure a free and unobstructed view in all
26directions at the crossings.

27(2) Prevent the use of the lands for any purpose or in
28any manner which may interfere with or obstruct the view of
29persons traveling upon the street or highway.

30(b) Obstructions to be abated or removed.--After

1condemnation, the borough may abate or remove or cause to be
2abated or removed any obstruction to the view over and across
3the lands except poles used in furnishing service to the public.

4(c) Condemnation proceedings.--The proceedings for the
5condemnation of the view over and across lands and for the
6assessment of damages for property taken, injured or destroyed,
7or the portion thereof agreed to be paid by the borough if the
8taking is jointly with another municipality, shall be taken in
9the manner provided in the law governing eminent domain.

10(d) Use of lands.--Upon the purchase or condemnation of a
11view, the owner of the lands may make every use of the lands as
12will not interfere with a free and unobstructed view at the
13dangerous crossing or curve.

14CHAPTER 18

15SIDEWALKS

16Sec.

171800. Definitions.

181801. Power to lay out, establish and compel construction of
19sidewalks.

201802. Sidewalks on land abutting State highways and along roads
21outside borough.

221803. Establishment of grades.

231804. Boroughs may pay all or part of cost of grading and
24curbing.

251805. Borough may do work and collect cost.

261806. Emergency repairs to sidewalks.

27§ 1800. Definitions.

28The following words and phrases when used in this chapter
29shall have the meanings given to them in this section unless the
30context clearly indicates otherwise:

1"Sidewalk." The portion of a street located outside the
2cartway and may include paved footway, unpaved grasslot, curb
3and gutter.

4§ 1801. Power to lay out, establish and compel construction of
5sidewalks.

6(a) General rule.--

7(1) Any borough may, by ordinance, lay out and establish
8sidewalks, curbs, gutters and surface water drains along any
9street and, with the consent of the Secretary of
10Transportation, along any State highway.

11(2) The borough may also require owners of property
12abutting on any street or State highway to grade, construct,
13drain, pave and repave the sidewalk, curb or gutter and keep
14them in repair and in safe and usable condition along the
15property at the grades and under the regulations and
16specifications as council may prescribe.

17(b) (Reserved).

18§ 1802. Sidewalks on land abutting State highways and along
19roads outside borough.

20Any borough may, by ordinance, lay out sidewalks, gutters,
21and surface water drains upon land abutting the sides of State
22highways and upon land abutting the sides of public roads, where
23the roads are outside the borough limits, but the land upon
24which the sidewalks, gutters and surface water drains are to be
25laid out is within the borough limits.

26§ 1803. Establishment of grades.

27Any borough may establish a grade or grades for sidewalks,
28which may be separate and apart from the grade or grades
29established for the cartway or roadway.

30§ 1804. Boroughs may pay all or part of cost of grading and

1curbing.

2The borough may pay all or any part of the cost and expenses
3of grading and curbing any sidewalk.

4§ 1805. Borough may do work and collect cost.

5(a) General rule.--Upon the failure of any property owner to
6comply with any of the requirements in sections 1801 (relating 
7to power to lay out, establish and compel the construction of 
8sidewalks), 1802 (relating to sidewalks on land abutting State 
9highways and along roads outside borough), 1803 (relating to 
10establishment of grades) and 1804 (relating to boroughs may pay 
11all or part of cost of grading and curbing), the borough may,
12after notice, cause the grading, paving, repairing, curbing and
13guttering to be done at the cost of the owner. The borough may
14collect the cost of the work and an additional 10% of the cost,
15together with all charges and expenses, from the owner and may
16file a municipal claim for the amounts or collect the amounts by
17action in assumpsit.

18(b) Notices.--

19(1) All notices shall be served upon the owner of the
20premises to which the notice refers, if the owner is a
21resident of the borough. If the owner is not a resident, then
22the notice may be served upon the agent or tenant of the
23owner or upon the occupant of the premises. If the owner has
24no agent or tenant or there is no occupier of the premises,
25then service shall be by notice posted upon the premises.

26(2) The notice required by this section shall specify a
27period of time of not less than 30 days for the owner to
28complete the specified work. If the work has not been
29completed after the specified time has elapsed, the owner
30shall be deemed to have failed to comply.

1§ 1806. Emergency repairs to sidewalks.

2(a) General rule.--

3(1) In addition to the remedies now vested in boroughs
4to make repairs to sidewalks, any borough shall have power to
5make emergency repairs to any sidewalks within the borough if
6an inspection of the sidewalk discloses that, and a
7certificate made by the officer or head of the department or
8committee lawfully having charge of sidewalk repairs
9specifies that, a dangerous condition exists that can be
10repaired by an expenditure of not more than $1,000.

11(2) Before repairs are made, a notice to make the
12repairs within 48 hours shall be served upon the owner of the
13property. If the owner cannot be served within the county,
14notice may be served upon the agent of the owner or the party
15in possession or, if there is no agent or party in
16possession, the notice may be served by posting the same upon
17the premises.

18(b) Cost.--

19(1) Upon the completion of the work, the cost shall be a
20charge against the owner of the property and shall be a lien,
21until paid, upon the abutting property if a claim is filed.
22The charge may also be collected by action of assumpsit.

23(2) This section is intended to provide an additional
24remedy for boroughs in connection with emergency repairs,
25where the actual cost of doing the work does not exceed
26$1,000. The certificate of the officer or head of the
27department or committee in charge of repairs to sidewalks
28shall be conclusive evidence of the existence of the
29emergency justifying the repair under the terms of this
30section.

1CHAPTER 19

2BRIDGES, VIADUCTS AND

3UNDERGROUND PASSAGEWAYS

4Sec.

51901. Construction or acquisition and maintenance of bridges
6and viaducts.

71902. Right to appropriate property and assessment of damages.

81903. Boundary bridges.

91904. Contracts with railroads, other companies and counties.

101905. Overhead and underground passageways.

11§ 1901. Construction or acquisition and maintenance of bridges
12and viaducts.

13(a) Authority.--Any borough may locate and build, or acquire
14by purchase, condemnation or otherwise, any bridge or viaduct
15and the piers, approaches and abutments for the bridge or
16viaduct, to be used and thereafter improved and maintained as a
17street, over any river, creek, stream, railroad or public or
18private property or over and across a combination of any of
19them, whether the bridge or viaduct shall be wholly or partly
20within the borough limits.

21(b) Proceedings.--The proceedings for laying out and opening
22a bridge or viaduct shall be the same as provided by this part 
23for the laying out and opening of streets, and the bridge or
24viaduct or portion of the bridge or viaduct may thereafter be
25vacated under the same procedure as provided in this part for
26the relocation or vacation of streets or portions of streets.

27§ 1902. Right to appropriate property and assessment of
28damages.

29In any case where the borough does not agree with the owner
30or owners for damages done or likely to be done by the erection

1of a bridge or viaduct, the borough may take and appropriate the
2land and property necessary to erect the bridge or viaduct. The
3damages caused by the taking and appropriation shall be assessed
4according to 26 Pa.C.S. (relating to eminent domain).

5§ 1903. Boundary bridges.

6If a bridge or viaduct crosses the boundary line of a borough
7and another municipality, the borough may enter into an
8intergovernmental cooperation agreement in accordance with 53
9Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
10cooperation) with the municipality in the construction and
11maintenance of the bridge and shall apportion the costs
12according to the intergovernmental agreement.

13§ 1904. Contracts with railroads, other companies and counties.

14(a) General rule.--

15(1) The borough may enter into a contract with the
16county commissioners, railroads, street railways and other
17companies or interested parties for the building and
18maintenance of bridges or viaducts and for the payment of any
19damages caused by the location or erection thereof.

20(2) The contracts may stipulate that the county,
21borough, railroad company, street railway or other company or
22interested party shall pay a certain part of the contract
23price of the work, including damages, or may stipulate that
24each shall construct a certain portion of the work and may
25provide otherwise for the payment of damages.

26(b) Payment.--

27(1) When any railroad company, street railway or other
28company or interested party agrees to pay a certain portion
29of the cost of the work, it shall pay the portion into the
30borough treasury. The borough treasurer shall pay the amount

1over to the contractor, as may be provided in the contract.
2The amount to be paid by the county shall be paid directly to
3the contractor.

4(2) The agreement may provide for the maintenance of the
5bridges and viaducts after their erection. Nothing under this
6section shall authorize any borough to contract with a county
7for the maintenance of any bridge or viaduct which does not
8cross a place over which the county is authorized to build
9bridges. The bridge or viaduct shall be maintained as a
10borough structure, and the borough may contract with any
11party interested, except the county, for the maintenance of
12the bridge or viaduct.

13(3) Nothing in this section shall affect the powers or
14duties of the Pennsylvania Public Utility Commission to the
15extent otherwise provided by law.

16§ 1905. Overhead and underground passageways.

17If the comfort and safety of the residents of a borough and
18an adjoining municipality are enhanced by any overhead or
19underground passageway connecting with adjoining streets in
20either the borough or the municipality and extending to any
21plant or place of business where residents of the borough are
22employed, the borough may, jointly with each adjoining
23municipality, construct and maintain any passageway or may join
24with other interests in the construction and maintenance of the
25passageway.

26CHAPTER 20

27SANITARY SEWERS

28Subchapter

29A. Laying Out, Construction and Operation of Sanitary Sewers
30and Construction of Sewage Treatment Works

1B. Joint Sanitary Sewers

2C. Power to Supply Sewerage Service Outside Borough Limits
3(Reserved)

4D. Acquisition of Community Collection or Disposal Systems

5E. Connection and Use of Sanitary Sewers

6F. Monthly, Quarterly or Annual Rentals

7G. Sewers on Boundary Streets (Reserved)

8SUBCHAPTER A

9LAYING OUT, CONSTRUCTION AND

10OPERATION OF SANITARY SEWERS

11AND CONSTRUCTION OF

12SEWAGE TREATMENT WORKS

13Sec.

142000. Definitions.

152001. Power to lay out and construct.

162002. Assessments.

172003. (Reserved).

182004. (Reserved).

192005. (Reserved).

202006. (Reserved).

212007. (Reserved).

222008. (Reserved).

232009. Extensions beyond borough limits and eminent domain.

242010. Notice of certain ordinances.

252011. (Reserved).

262012. Unlawful to build within right-of-way of sanitary sewers.

272013. Opening sanitary sewers.

28§ 2000. Definitions.

29The following words and phrases when used in this chapter
30shall have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2"Combined sewer." A sewer used for the receiving and
3collecting of sewage and liquid waste from the inside of
4buildings and structures, storm water, roof or surface drainage,
5sump pump discharge and draining from foundation drains.

6"Sanitary sewer" or "sanitary sewer system." A sewer or
7sewers used for receiving and collecting sewage matter and
8liquid waste from the inside of buildings and structures. Storm
9water shall not be permitted to enter into a sanitary sewer. A
10sanitary sewer or sanitary sewer system does not include a
11combined sewer.

12"Sewer system." Either a sanitary sewer or a combined sewer
13and includes pump stations and force mains.

14§ 2001. Power to lay out and construct.

15(a) General rule.--

16(1) Upon enactment of an ordinance, boroughs may lay out
17and construct sanitary sewers and branches of sanitary sewers
18in streets and on public or private property and may
19construct sewage treatment works on land owned or acquired
20for those purposes. Boroughs may pay the costs and expenses
21of sanitary sewer systems and treatment works out of borough
22funds or may assess the costs and expenses pursuant to
23Chapter 21A (relating to assessments and charges for public 
24improvements).

25(2) Boroughs may determine the location and the manner
26in which sanitary sewer systems shall be constructed.
27Sanitary sewers laid and constructed in streets may be
28located in the center of the street or in the right-of-way or
29the curb lines of the street and may be for the service and
30use of properties on both sides of the street or on only one

1side of the street in which they are laid, as directed by the
2council. Boroughs shall have the authority to lay out and
3construct sanitary sewers in any street, any portion of which
4is within the limits of the borough and which forms a portion
5of the boundary dividing the borough from any other municipal
6corporation within the same county, in the same manner and to
7the same extent as if the whole of the street was within the
8limits of the borough.

9(3) If any borough is maintaining and operating a
10sanitary sewer system and sewage treatment works, it shall be
11lawful for the borough to supply sewerage service to
12municipalities, persons and corporations outside the limits
13of the borough and to enter into contracts for service at
14rates not less than those required to be paid by persons and
15corporations within the limits of the borough. This privilege
16shall not conflict with the rights of any sewer company or
17the rights of any other borough.

18(b) Consent.--

19(1) If required by other law, a borough shall obtain the
20consent and permit of the Department of Environmental
21Protection or other Federal, State or county entity,
22including the Pennsylvania Turnpike Commission, for the
23laying out and construction of a sanitary sewer and treatment
24works.

25(2) Where construction beyond the limits of the borough
26is entirely within the limits of a State or county highway or
27the turnpike, a sanitary sewer may be constructed in or under
28the State or county highway or turnpike if written notice is
29given to the Department of Transportation, county
30commissioners or Pennsylvania Turnpike Commission,

1respectively, and consent is obtained before construction is
2commenced. Permission shall not be unreasonably withheld.

3(c) Regulations.--Council may, by ordinance, make
4regulations respecting the use and maintenance of the sanitary
5sewer system and treatment works. Violations of the ordinance
6may be enforced by penalties. The regulations may do all of the
7following:

8(1) Specify materials and substances which may or may
9not enter the public sewer or sewer system.

10(2) Require that certain types or classes of waste be
11subjected to treatment or to grinding or other reduction in
12size before entering into the sewer.

13(3) Restrict the quantity of waste material that may
14enter a sanitary sewer from any premises within any time
15interval.

16(4) Require that property owners provide means other
17than the public sanitary sewers for disposal of storm,
18surface and roof water originating or accumulating upon their
19property.

20§ 2002. Assessments.

21Assessments, whether based according to benefits conferred or
22by the front foot basis, and assessment awards, if any, shall be
23calculated pursuant to Chapter 21A (relating to assessments and 
24charges for public improvements).

25§ 2003. (Reserved).

26§ 2004. (Reserved).

27§ 2005. (Reserved).

28§ 2006. (Reserved).

29§ 2007. (Reserved).

30§ 2008. (Reserved).

1§ 2009. Extensions beyond borough limits and eminent domain.

2The borough may extend the necessary sewer mains, pipes and
3outlets beyond the limits of the borough to a point where the
4sewage is to be disposed or collected and received. The borough
5shall have power to enter upon and condemn land for the
6construction of all sewer mains, outlets and treatment works as
7may be necessary for the disposal or the collection of the
8sewage, if the extension is in conformity with 26 Pa.C.S. § 206
9(relating to extraterritorial takings) and any other applicable
10requirement of 26 Pa.C.S. (relating to eminent domain).

11§ 2010. Notice of certain ordinances.

12No ordinance for any construction of sewers or treatment
13works beyond the limits of the borough shall be enacted until
14notice of the ordinance has been given in all of the following
15manners:

16(1) By publication of the proposed ordinance, once a
17week for four weeks in one newspaper of general circulation.

18(2) By serving copies of the proposed ordinance at least
19ten days before the enactment of the ordinance upon all land
20owners through whose land the sewer is to pass or on whose
21lands any treatment works are to be located.

22§ 2011. (Reserved).

23§ 2012. Unlawful to build within right-of-way of sanitary
24sewers.

25It shall be unlawful for any person to erect any building or
26make any improvement within the right-of-way of any sanitary
27sewer after due notice of the laying out of the sanitary sewer,
28and, if any erection or improvement shall be made, no allowance
29shall be had for the building or improvement in the assessment
30of damages.

1§ 2013. Opening sanitary sewers.

2(a) General rule.--A proceeding to open a sanitary sewer
3shall be void if a borough:

4(1) lays out any sanitary sewer over or under private
5property which is located in whole or in part within the
6limits of the borough; and

7(2) does not proceed to open the sanitary sewer and to
8assess the damage arising therefrom within two years from the
9enactment of the ordinance.

10(b) Exception.--If a borough has laid out a sanitary sewer
11without the enactment of an ordinance prior to July 16, 2012,
12and has not opened the sanitary sewer, the proceedings shall not
13be deemed to be void. The borough shall have two years from July
1416, 2012, to open the sanitary sewer or the whole proceeding
15shall be void.

16SUBCHAPTER B

17JOINT SANITARY SEWERS

18Sec.

192021. Joint sanitary sewer systems.

202022. (Reserved).

212023. Connections with sanitary sewers of adjacent
22municipalities.

232024. Applications to court.

242025. Appointment of viewers.

252026. Report of viewers and appeals to court.

26§ 2021. Joint sanitary sewer systems.

27(a) General rule.--Pursuant to 53 Pa.C.S. Ch. 23 Subch. A
28(relating to intergovernmental cooperation), boroughs may
29contract with other municipal corporations providing for the
30joint construction or maintenance of sanitary sewer systems and

1for the joint construction onto existing sanitary sewer systems.
2The agreement shall provide for the apportionment of costs among
3the municipal corporations. The council may assess the borough's
4respective portion of the costs, as may be legally assessable,
5upon property benefited by the facilities pursuant to Chapter
621A (relating to assessments and charges for public 
7improvements). Any portion of the cost not assessed or
8assessable shall be paid by the respective municipal
9corporations under the agreement.

10(b) Composition of joint sanitary sewer board.--

11(1) The municipal corporations joining or contemplating
12joining in any improvement, in order to facilitate the
13building of the sanitary sewer system and in securing
14preliminary surveys and estimates, may, by ordinance, provide
15for the appointment of a joint sanitary sewer board composed
16of one representative from each of the municipal corporations
17joining. The board shall act as the advisory and
18administrative agency in the construction of the improvement
19and its subsequent operation and maintenance.

20(2) Members of the joint sanitary sewer board shall
21serve for terms of six years each from the dates of their
22respective appointments and until their successors are
23appointed. The joint sanitary sewer board shall organize by
24the election of a chair, secretary and treasurer. The
25secretary and treasurer may be the same person.

26(3) The municipal corporations may in the ordinances
27creating the joint sanitary sewer board authorize the board
28to appoint an engineer, a solicitor and other assistants as
29are deemed necessary and agree to the share of the
30compensation of those persons each municipal corporation is

1to pay.

2(4) The members of the joint sanitary sewer board shall
3receive compensation for attending board meetings as
4established in the budget that is prepared by the joint
5sanitary sewer board and submitted to and adopted by the
6municipal corporations. The members shall be entitled to
7actual expenses to be paid by the respective municipal
8corporations the members represent.

9(c) Powers of the joint sanitary sewer board.--

10(1) The joint sanitary sewer board may adopt rules and
11regulations consistent with the requirements of this part to
12govern its proceedings and shall prepare and suggest any
13practical measures and plans by which the joint improvement
14may be carried to successful completion and plan the future
15development of the system, so as to conform to a general
16plan.

17(2) The joint sanitary sewer board may prepare a joint
18agreement or agreements for submission to and adoption by the
19municipal corporations defining the advisory and
20administrative powers of the joint sanitary sewer board and
21setting forth the following:

22(i) Consents of the municipal corporations to the
23proposed improvement.

24(ii) The manner in which preliminary and final
25plans, specifications and estimates for the proposed
26improvement shall be prepared and adopted.

27(iii) How proposals for bids shall be advertised and
28contracts awarded.

29(iv) The manner in which the costs of the
30improvement and other incidental and preliminary expenses

1in connection with the improvement and the future cost of
2operation and maintenance shall be equitably shared,
3apportioned and paid.

4(v) All other matters, including the preparation and
5submission of annual and other budgets, as may be deemed
6necessary or required by law to complete the proposed
7improvement and to assure future maintenance and
8operation thereof.

9(3) The joint sanitary sewer board may not make any
10improvement or spend any public money which has not first
11been authorized by all of the municipal corporations
12proceeding with the improvement.

13(d) Eminent domain.--

14(1) When it is necessary to acquire, appropriate, injure
15or destroy private property to build a joint sanitary sewer
16system or improvement and the property cannot be acquired by
17purchase or gift, the right of eminent domain shall vest in
18the municipal corporation where the property is located.

19(2) When it is necessary to acquire, injure or destroy
20property in any territory not within the limits of any of the
21municipal corporations joining in the improvement, the right
22of eminent domain shall be vested in the municipal
23corporation adjacent to the territory where the property is
24located subject to 26 Pa.C.S. § 206 (relating to
25extraterritorial takings).

26(3) Damages for any property taken, injured or destroyed
27shall be assessed under laws relating to the municipal
28corporation exercising the right of eminent domain and shall
29be paid by the municipal corporations joining in the same
30proportion as other costs of the improvements.

1(e) Indebtedness.--Each of the boroughs joining in the
2improvement shall have power to incur or increase its
3indebtedness, not exceeding the constitutional limits, for the
4purpose of paying its share or portion of the cost of the
5improvement in the manner now provided by law for the incurring
6of indebtedness.

7§ 2022. (Reserved).

8§ 2023. Connections with sanitary sewers of adjacent
9municipalities.

10A borough may connect with an existing sanitary sewer, owned
11by an adjacent municipality, for sewerage purposes in the manner
12prescribed in sections 2024 (relating to applications to court),
132025 (relating to appointment of viewers) and 2026 (relating to
14report of viewers and appeals to court).

15§ 2024. Applications to court.

16If a borough desires to connect with the existing sanitary
17sewer of an adjacent municipality and no agreement, either upon
18the basis of a rental payment for the use of an existing
19sanitary sewer or a division of the cost of the construction or
20maintenance of the sanitary sewer, has been reached between the
21borough and the adjacent municipality, an application shall be
22made by council to the court of common pleas of the county where
23the proposed connection is to be located, setting forth that
24fact.

25§ 2025. Appointment of viewers.

26If the court determines that the connection can be made
27without impairing the usefulness of the existing sanitary sewer,
28it shall appoint three viewers who shall:

29(1) View the premises and investigate the facts of the
30case.

1(2) Assess the proportionate part of the expense of
2building the original sanitary sewer upon the borough.

3(3) Fix the proportion of the expense for repairs which
4each municipality shall thereafter bear.

5(4) Determine all other questions liable to arise in
6connection with the sanitary sewer.

7§ 2026. Report of viewers and appeals to court.

8The viewers shall report to the court the result of their
9investigation. The report shall be confirmed within 30 days
10unless exceptions are filed. After confirmation of the report or
11the disposal of any exceptions, any party interested may appeal
12from the decision of the court of common pleas.

13SUBCHAPTER C

14POWER TO SUPPLY SEWERAGE SERVICE

15OUTSIDE BOROUGH LIMITS

16(Reserved)

17SUBCHAPTER D

18ACQUISITION OF COMMUNITY COLLECTION

19OR DISPOSAL SYSTEMS

20Sec.

212040. Definitions.

222041. (Reserved).

232041.1. Power to acquire community sewage collection or
24disposal systems.

252042. (Reserved).

262043. Community sewage collection or disposal systems.

27§ 2040. Definitions.

28The following words and phrases when used in this subchapter
29shall have the meanings given to them in this section unless the
30context clearly indicates otherwise:

1"Community sewage collection or disposal system." All or 
2part of a device or devices installed on any privately or 
3publicly owned parcel of land intended to treat or dispose of 
4the sewage or equivalent volume of domestic sewage from two or 
5more residences, buildings or occupied parcels of land, or any 
6system of piping used in collection and conveyance of sewage on 
7private or public property.

8§ 2041. (Reserved).

9§ 2041.1. Power to acquire community sewage collection or
10disposal systems.

11(a) General rule.--A borough may, by ordinance, acquire
12ownership of a community sewage collection or disposal system by
13purchase or by the exercise of eminent domain pursuant to 26
14Pa.C.S. (relating to eminent domain) or by gift from the owner
15or owners.

16(b) Assessment of costs and expenses.--In eminent domain
17proceedings, the viewers shall assess the costs and expenses of
18the community sewage collection or disposal system acquired by
19the borough upon the property or properties benefited according
20to benefits. Any deficiency that is not assessed upon the
21benefited property or properties shall be paid by the borough.

22§ 2042. (Reserved).

23§ 2043. Community sewage collection or disposal systems.

24(a) General rule.--After a community sewage collection or
25disposal system has been acquired under this subchapter by the
26borough, the council shall have the power to enlarge the system
27if it deems it advisable. The cost and expenses of the
28enlargement may be distributed or assessed in the same manner as
29if the enlargement was a regular sewer constructed by the
30borough under other provisions of this part.

1(b) Acquisition and ownership.--If a community sewage
2collection or disposal system is established or constructed
3within a borough by a private owner or owners and the council is
4thereafter empowered by ordinance to acquire the ownership of
5the sewage disposal system, or when the system has been enlarged
6by the borough, the acquisition and ownership shall be subject
7to the following provisions:

8(1) An agreement shall be considered a valid agreement
9by the owners of the sewage collection or disposal system and
10shall be a transfer of ownership to the borough when any of
11the following enter into an agreement with the borough for
12the acquisition of the system by the borough:

13(i) The person or persons having established or
14constructed a community sewage collection or disposal
15system.

16(ii) More than one-half of the number of owners of
17properties which are connected with, have a right to use
18and are using a community collection or disposal system.

19(2) The borough shall operate and maintain any sewage
20collection or disposal system acquired and any enlargement or
21addition thereto for the use of the following:

22(i) Persons having acquired from the borough or from
23the former owner or owners the right to use the system.

24(ii) Other owners of property accessible to the 
25system up to the capacity of the sewage collection or
26disposal system.

27(3) All persons whose property connects with the sewage
28collection or disposal system acquired or constructed by the
29borough shall pay to the borough treasurer a monthly,
30quarterly, semiannual or annual charge prescribed by a

1resolution of the council. The amount of the charges shall
2not be in excess of the estimated amount necessary to
3maintain and operate the system and to establish a reserve
4fund sufficient for its future replacement.

5(4) All sewer rentals or charges imposed by the council
6against properties connected with a community sewage
7collection or disposal system under this section shall
8constitute liens against the properties and may be collected
9in the same manner as other sewer charges.

10(5) All money received from the sewer charges shall be
11deposited as a special reserve fund and shall be used only
12for the payment of the cost of operating and maintaining the
13sewage collection or disposal system and the replacement of
14the collection or disposal system, if necessary and
15economically desirable. If, at any time after the acquisition
16or enlargement of the community sewage system, a regular
17sewer system is made available by the borough for connection
18with the properties using the community sewage collection or
19disposal system, the owners of the properties shall be
20subject to the other provisions of this part relating to
21sewers, and all money at that time in the reserve fund which
22was received from charges for the use of that particular
23sewage collection or disposal system and which is over and
24above the amount expended for the operation and maintenance
25of that particular sewage collection or disposal system shall
26be used towards the payment of any sewer assessments charged
27against the properties under other sections of this part.

28(c) Construction.--Nothing in this section may be construed
29to supersede the requirements of the act of January 24, 1966
30(1965 P.L.1535, No.537), known as the Pennsylvania Sewage

1Facilities Act.

2SUBCHAPTER E

3CONNECTION AND USE OF SANITARY SEWERS

4Sec.

52051. Ordinances to require sanitary sewer connections.

62052. (Reserved).

72053. Tapping fees.

82054. (Reserved).

9§ 2051. Ordinances to require sanitary sewer connections.

10A borough may, by ordinance, require any owner of property
11benefited, improved or accommodated by a sanitary sewer to make
12connections with the sanitary sewer, in the manner as the
13borough may order, for the purpose of discharge of drainage or
14waste matter as the borough may specify. All connections
15required shall be uniform. The owner shall be given at least 45
16days' notice of any ordinance requiring a sanitary sewer
17connection. Upon failure of the owner to make the connection,
18the borough may make the connection and collect the cost from
19the owner by a municipal claim or by an action of assumpsit. The
20borough may by penalties enforce any ordinance it enacts with
21reference to any sanitary sewer connections.

22§ 2052. (Reserved).

23§ 2053. Tapping fees.

24The following shall apply to tapping fees:

25(1) Any borough may, by ordinance, provide for charging
26a tapping fee if the owner of any property connects the
27property with a sanitary sewer system constructed or acquired
28by the borough if the tapping fee is calculated in accordance
29with 53 Pa.C.S. § 5607 (relating to purposes and powers). The
30tapping fee shall be in addition to any charges assessed and

1collected against the property in the construction or
2acquisition of the sanitary sewer by the borough.

3(2) If a sanitary sewer system or any part or extension
4of a sanitary sewer system owned by a borough has been
5constructed by the borough at the expense of a private person
6or corporation or has been constructed by a private person or
7corporation under the supervision of the borough at the
8expense of the private person or corporation, the borough
9shall have the right to charge a tapping fee calculated in
10accordance with 53 Pa.C.S. § 5607 and refund the tapping fee
11or any part of the fee to the person or corporation who has
12paid for the construction of the sanitary sewer system or any
13part or extension of the sanitary sewer system in accordance
14with 53 Pa.C.S. § 5607. The total of the refunds shall never
15exceed the cost of the system or any part or extension of the
16system to the person or corporation paying for the
17construction of the system or any part or extension of the
18system.

19(3) Where the property connected or to be connected with
20the sanitary sewer system of the borough is not equipped with
21a water meter, the borough may install a meter at its own
22cost and expense. If the property is supplied with water from
23the facilities of a public water supply agency, the borough
24shall not install a meter without the consent and approval of
25the public water supply agency.

26§ 2054. (Reserved).

27SUBCHAPTER F

28MONTHLY, QUARTERLY OR ANNUAL RENTALS

29Sec.

302061. Ordinance for monthly, quarterly or annual rental.

12062. Rental amount.

22063. Collection of rental.

32064. (Reserved).

4§ 2061. Ordinance for monthly, quarterly or annual rental.

5If a borough constructs any sanitary sewer, sewer system or
6sewage treatment works or acquires, wholly or partially, the
7same at public expense, as authorized in this chapter, the
8council may provide, by ordinance, for the collection of a
9monthly, quarterly or annual rental or charge or a fixed sum for
10the use of the sanitary sewer, sewer system or sewage treatment
11works from the owner of property served by it.

12§ 2062. Rental amount.

13(a) Included amounts.--The monthly, quarterly or annual
14rental may include:

15(1) The amount expended monthly, quarterly or annually
16by the borough in maintenance, repair, alteration,
17inspection, depreciation or other expense of the sanitary
18sewer, sewer system or sewage treatment works.

19(2) Interest on money expended or borrowed by the
20borough in the construction of the sanitary sewer, sewer
21system or sewage treatment works or in the acquisition,
22enlargement or extension of the sanitary sewer or sewer
23system.

24(3) An amount sufficient for the amortization of debt
25incurred by the borough for the purpose of construction of a
26sanitary sewer, sewer system or sewage treatment works or for
27the purpose of acquisition, enlargement or extension of a
28sanitary sewer or sewer system.

29(b) Apportionment.--The monthly, quarterly or annual amount
30or fixed sum shall be apportioned equitably among the properties

1served by the sanitary sewers, sewer system or sewage treatment
2works.

3§ 2063. Collection of rental.

4(a) General rule.--The monthly, quarterly or annual rental
5or charge or the fixed sum shall be authorized and collected as
6provided by general ordinances and, if levied and charged, shall
7be a lien on the properties charged from the date set forth in
8the ordinance. If the rental, charge or fixed sum is not paid
9after 30 days' notice, it may be collected by an action of
10assumpsit in the name of the borough against the owner of the
11property charged or by a lien filed in the nature of a municipal
12lien.

13(b) Collection.--The council shall execute a warrant or
14warrants, authorizing the collection of the monthly, quarterly
15or annual sewer rentals or charges, or the fixed sum, to the
16officer employed by council to collect the same. The officer
17shall have the authority now vested by law for the collection of
18borough taxes.

19§ 2064. (Reserved).

20SUBCHAPTER G

21SEWERS ON BOUNDARY STREETS

22(Reserved)

23CHAPTER 21

24COLLECTION BY INSTALLMENT OF

25STREET AND SEWER ASSESSMENTS

26(Reserved)

27CHAPTER 21A

28ASSESSMENTS AND CHARGES FOR

29PUBLIC IMPROVEMENTS

30Sec.

121A00. Definitions.

221A01. Authority to assess.

321A02. Notice of assessments.

421A03. Assessment based on front foot basis.

521A04. Assessment of benefits conferred.

621A05. Assessment awards.

721A06. Petition for viewers.

821A07. Payment of assessments in installments.

921A08. Collection of assessments.

10§ 21A00. Definitions.

11The following words and phrases when used in this chapter
12shall have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Personal notice." The term shall mean and include notice
15upon the owner of a property either by personal service upon the
16owner or by certified mail to the owner at the owner's last
17known address or where service, after a reasonable attempt,
18shall not have been successfully made by either of these two
19methods, then by leaving notice at or upon the property.

20§ 21A01. Authority to assess.

21(a) General rule.--Council shall have the power to pay the
22cost, in whole or in part, of any and all public improvements of
23all natures and descriptions, including, but not limited to, the
24grading, building, paving, regrading, rebuilding and repaving of
25streets as defined in section 1701 (relating to definitions),
26the creation, extension, renovation or enlargement of water
27mains and sewage collection, transmission, treatment and
28disposal systems and the creation, extension and renovation of
29storm, surface and subsurface drainage systems, the
30construction, reconstruction and repair of wharves and docks,

1the installation of ornamental street lighting or the planting,
2removal, maintenance and protection of shade trees by any of the
3following methods:

4(1) from general borough funds;

5(2) from special borough funds created for that purpose;
6or

7(3) by assessment of costs against the benefited
8properties either on the front foot or benefit conferred
9method of assessment.

10Except as provided in subsection (c), the costs and expenses of
11sanitary sewers may be assessed against properties benefited,
12accommodated or improved regardless of the property line
13location and regardless of whether any portion of a property
14benefited, accommodated or physically improved abuts upon the
15sanitary sewer.

16(b) Payment of indebtedness.--

17(1) If a borough that incurs authorized indebtedness
18under 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness
19and borrowing) for the purposes of funding the cost and
20expense of making public improvements for which assessments
21can be made in accordance with this chapter, payments made on
22the assessment must be applied to pay the debt service for
23the indebtedness incurred for funding the cost and expense of
24making the public improvement.

25(2) Notwithstanding section 21A07 (relating to payment 
26of assessments in installments), when bonds are issued in a
27manner provided by law and an assessment is to be paid in
28installments, the assessment shall be payable in equal
29installments during the term for which the bond is issued,
30and the cost of the improvement plus interest beginning the

1first day when interest is payable on the bond shall be the
2cost of the improvement to be assessed on a property.

3(c) Property outside borough.--Property benefited, improved
4or accommodated which is located outside the limits of the
5borough that constructed a sanitary sewer may, if located no
6more than 150 feet from the sewer main, be assessed for the cost
7of the sewer in the same manner as the property would be
8assessed under the laws of this Commonwealth if it were entirely
9located within the limits of the borough, if the property is
10given permission to use the sanitary sewer and is not, at the
11time the sanitary sewer is constructed, provided with sanitary
12sewer facilities.

13(d) Water mains.--Boroughs shall have power to assess the
14whole cost or any part of the cost of construction of new water
15mains built in connection with the establishment or extension of
16a municipally owned water supply system, even if the mains are
17located outside the limits of the borough, and that serve
18abutting properties, against the properties abutting the
19boundary line. The borough may provide that the assessment be
20rebated to the owner of the assessed property out of rates
21charged for water consumed in serving the assessed property. The
22borough may also issue a negotiable credit memorandum in the
23amount of the assessment which may be used for the payment of
24any water service to the extent of the assessment.

25§ 21A02. Notice of assessments.

26The borough secretary shall cause 30 days' personal notice of
27the assessment to be served upon each property owner assessed.
28If a certificate is required to be filed with council relating
29to the public improvement as otherwise provided in this part,
30then a copy of the certificate shall accompany the notice.

1§ 21A03. Assessment based on front foot basis.

2(a) General rule.--If council elects to collect the cost,
3including any administrative fees, of any improvement on the
4front foot basis, the cost to be collected shall be divided by
5the total number of linear feet of street frontage of each
6property benefited, and there shall be assessed against each
7property that portion of the cost which is determined by
8multiplying the dividend of the prior calculation by the number
9of linear feet for street frontage of that property.

10(b) Certificate of assessment.--Council shall issue a
11certificate of assessment when assessing on the front foot basis
12duly certified under the seal of the borough and attested by the
13president of council and secretary. The certificate of
14assessment shall be prima facie evidence in any suit for
15recovery of the same of the correctness and validity of the
16assessment.

17(c) Adjustments in assessments.--Notwithstanding subsection
18(a), council may make equitable adjustments for corner lots,
19lots of irregular shape or, where special conditions exist,
20where an assessment for full frontage would be unjust.

21§ 21A04. Assessment of benefits conferred.

22(a) General rule.--In lieu of the front foot basis, council
23may elect to have the benefits of public improvements assessed,
24in whole or in part, upon property benefited, improved or
25accommodated by assessing an equal assessment on the properties
26benefited, improved or accommodated in proportion to the total
27cost of construction of the improvement. The amount of the
28charge on each property shall be determined by council.

29(b) Certificate.--Council shall issue a certificate of
30assessment when assessing benefits upon property benefited,

1improved or accommodated, duly certified under the seal of the
2borough and attested by the president of council and secretary.
3The certificate of assessment shall be prima facie evidence in
4any suit for recovery of the same of the correctness and
5validity of the assessment.

6§ 21A05. Assessment awards.

7In proceedings to assess benefits, if the land or property is
8both benefited and damaged by the public improvements, the
9excess of damages over benefits, the excess of benefits over
10damages or nothing in case the benefits and damages are equal
11shall be awarded to or assessed against the owner of land and
12property affected. Damages shall be calculated pursuant to 26
13Pa.C.S. (relating to eminent domain).

14§ 21A06. Petition for viewers.

15(a) Petition.--Taxpayers of the borough whose property is
16being assessed for benefits for a public improvement may present
17a petition to the court of common pleas stating that the
18assessment insufficiently represents the benefits accruing to
19abutting, benefited or accommodated properties. The petition may
20include a request for the appointment of viewers to assess
21benefits if at least 50% of the taxpayers whose parcels are
22abutting, benefited or accommodated by the public improvement in
23question join the petition or if taxpayers whose property
24valuation as assessed for taxable purposes within the borough
25amounts to at least 50% of the total property valuation of the
26properties being assessed for the public improvement join the
27petition. The petition must be presented within three months of
28the enactment of the ordinance levying the assessment.

29(b) Viewers.--The court shall appoint three disinterested
30viewers, none of whom shall be a resident of that portion of the

1borough that is benefited or accommodated by the public
2improvement in question, and the viewers shall proceed under
3this part and 26 Pa.C.S. (relating to eminent domain) for the
4assessment of damages and benefits by viewers. Upon the filing
5of the petition by taxpayers for the appointment of viewers, any
6assessment made by the council and any proceedings shall be
7stayed pending the disposition of the petition by the court.

8§ 21A07. Payment of assessments in installments.

9(a) Installments.--If an ordinance is passed providing for a
10public improvement, the expense of which is to be defrayed by an
11assessment against properties benefited by the improvement,
12either by the front foot or benefit conferred method, the
13ordinance shall specify the length of time over which the
14installments may be extended and whether payments are to be made
15by equal annual or more frequent installments. If the provisions
16of section 21A01(b)(2) (relating to authority to assess) and
17this subsection conflict, the provisions of section 21A01(b)(2)
18shall prevail to the extent of the conflict.

19(b) Commencement of payments and rate of interest.--The
20ordinance shall set a time when the installment payments shall
21commence and shall set forth the rate of interest for the
22installments which shall not be more than 6% per year.

23(c) Installment agreement.--The borough shall enter into a
24written installment agreement with each property owner, subject
25to the requirements of the ordinance pertaining to the
26agreements and this chapter.

27(d) Unpaid installments.--If an installment remains unpaid
28for 60 days after it has become due and payable, the entire
29unpaid assessment, plus unpaid accrued interest and any costs,
30shall be due and payable, and the borough solicitor shall

1proceed to collect it by filing a lien in the same manner as
2municipal claims are filed or by action in assumpsit.

3(e) Prepayment.--A property owner upon whom an assessment
4has been made may pay all or as many of the installments before
5they are due, with interest and costs to the due date of the
6next installment.

7§ 21A08. Collection of assessments.

8(a) Collection methods.--If an assessment remains unpaid at
9the expiration of the 30-day personal notice and an installment
10agreement has not been entered into pursuant to section 21A06
11(relating to petition for viewers), the borough solicitor shall
12collect the unpaid assessment, with interest from the time of
13completion of the improvement or from the time of filing a
14certificate of assessment with council, plus costs, by filing a
15lien to be collected in the same manner as municipal claims or
16by action in assumpsit. When a property owner has two or more
17lots against which there is an assessment for the same
18improvement, all of the lots may be embraced in one claim.

19(b) Payment location.--Assessments, whether paid one time or
20by installments, shall be payable at the office of the borough
21treasurer or any other place as the applicable ordinance shall
22provide.

23CHAPTER 22

24STORM SEWERS AND WATERCOURSES

25Sec.

262201. Authority of boroughs.

272202. Right of entry upon lands.

282203. Manner of financing work.

292204. Proceedings to assess damages.

302205. Unlawful to build within right-of-way of storm sewers.

12206. Power to acquire storm sewer systems.

2§ 2201. Authority of boroughs.

3(a) General rule.--Any borough may, by ordinance, after
4obtaining any required permit from the Department of
5Environmental Protection or other Federal or State entity do the
6following:

7(1) Widen and deepen any watercourse running through or
8within the borough and erect dykes, retaining walls and
9embankments along the watercourse as may be necessary to
10prevent the water from overflowing the banks.

11(2) Confine and pave any watercourse or portion thereof,
12other than a navigable stream.

13(3) Engage in channel improvement through the
14construction and maintenance of storm sewers and the
15accumulation and discharge of water into storm sewers.

16(4) Vacate or alter the course or channel of any
17watercourse, other than a navigable stream.

18(5) Acquire, operate and maintain areas for the
19infiltration, detention or retention of storm water and for
20other methods of storm water management authorized by the
21Department of Environmental Protection.

22(b) Authorization and consent.--For any purpose set forth in
23subsection (a), a borough may enter upon and condemn property
24and materials as may be necessary. No borough may confine and
25pave, vacate or alter any watercourse used by any municipality,
26municipal authority or water company as a source of supply
27unless the municipality, municipal authority or water company
28shall first consent to the confining and paving, vacation or
29alteration.

30§ 2202. Right of entry upon lands.

1A borough may enter upon any land lying near a watercourse
2and secure the material as may be necessary for the purpose of
3making and repairing the embankments along the watercourse when
4the material cannot be obtained by contract at a reasonable
5price. The borough shall cause no unnecessary damage to the
6owners of the land, shall repair any fences, structures or
7damage to the land that is caused by the borough and shall
8compensate the owner, either by agreement or in accordance with
926 Pa.C.S. (relating to eminent domain), for any materials
10obtained under this section.

11§ 2203. Manner of financing work.

12A borough may pay for the costs and expenses of any work
13authorized under section 2201 (relating to authority of 
14boroughs) wholly or in part from money of the borough available
15for the purpose. To the extent that a borough does not receive
16assistance from the Federal, State or county government for the
17costs and expenses of the work, the borough may assess the
18benefited properties located within the drainage area of the
19watercourse in accordance with Chapter 21A (relating to 
20assessments and charges for public improvements).

21§ 2204. Proceedings to assess damages.

22Any person aggrieved by any ordinance enacted or action taken
23pursuant to sections 2201 (relating to authority of boroughs),
242202 (relating to right of entry upon lands) and 2203 (relating
25to manner of financing work) may file a complaint with the court
26of common pleas to fix and determine the damages for property
27taken, injured or destroyed under 26 Pa.C.S. (relating to
28eminent domain).

29§ 2205. Unlawful to build within right-of-way of storm sewers.

30It shall be unlawful for a person to erect a building or make

1an improvement within the right-of-way of a storm sewer laid out
2after due notice of the laying out of the storm sewer. If the
3erection or improvement is made, no allowance shall be made in
4the assessment of damages.

5§ 2206. Power to acquire storm sewer systems.

6(a) General rule.--A borough may, by ordinance, acquire
7ownership of storm sewers, culverts and the necessary inlets and
8appliances for surface, under surface and storm sewer drainage
9by purchase, by the exercise of eminent domain pursuant to 26
10Pa.C.S. (relating to eminent domain) or by gift from the owner
11or owners.

12(b) Eminent domain.--In eminent domain proceedings, the
13viewers shall assess the costs and expenses of the storm sewer,
14culverts, inlets and appliances acquired by the borough upon the
15property or properties benefited according to benefits. Any
16deficiency that is not assessed upon the benefited property or
17properties shall be paid by the borough.

18CHAPTER 23

19UNDERGROUND CONDUITS

20(Reserved)

21CHAPTER 24

22WATER SYSTEM

23Subchapter

24A. General Powers to Supply Water

25A.1. Acquisition by Eminent Domain

26A.2. Acquisition by Purchase After Appraisement

27A.3. Power to Lease Water System

28A.4. Joint Water System

29A.5. Condemnation of Lands For Road Purposes and to Prevent
30Contamination

1A.6. Commission of Water System

2A.7. Water Connections

3B. (Reserved)

4C. (Reserved)

5D. (Reserved)

6SUBCHAPTER A

7GENERAL POWERS TO SUPPLY WATER

8Sec.

92401. Power to supply water and make regulations.

102402. Contracts not to abridge powers.

112403. Issue of bonds where water system acquired.

122404. Refunding bonds.

132405. (Reserved).

142406. Contracts to supply water for municipal purposes.

152407. Power to supply water beyond limits of borough.

162408. Assessment for water mains.

172409. Sale of water system.

18§ 2401. Power to supply water and make regulations.

19(a) Supply of water.--Boroughs may supply water for the use
20of the public within the borough by constructing or purchasing
21and operating a water system, by entering into contract with
22persons or corporations authorized to supply water within the
23limits of the borough or partly by constructing or purchasing
24and operating a water system and partly by entering into a
25contract.

26(b) Regulations.--Council may make regulations for the
27protection of water pipes, reservoirs and other apparatus used
28in the supplying or storing of water, for the prevention of the
29waste of water supplied and for the drilling of water wells
30within the borough.

1(c) Rates.--Council shall fix the rates to be charged for
2the water furnished to individuals, partnerships, associations
3or corporations and shall provide for the collection of water
4rents from users of water supplied by the borough. The borough's
5provision of water to users outside the borough limits as to
6character of service, extensions and rates shall be subject to
7any applicable approval, regulation or control imposed by 66
8Pa.C.S. Pt. I (relating to Public Utility Code).

9§ 2402. Contracts not to abridge powers.

10A borough's power to construct and operate a water system as
11provided in section 2401 (relating to power to supply water and 
12make regulations) shall not be abridged by the borough entering
13into a contract with a person or corporation for the supply of
14water, but the power shall remain in force as though the
15contract had not been made.

16§ 2403. Issue of bonds where water system acquired.

17Where the price and terms are agreed upon, a borough may
18become the owner of and operate any water system owned and
19operated by a corporation furnishing water within the acquiring
20borough and in nearby municipal corporations. The borough may
21pay for the water system from the revenues derived from general
22obligation bonds or utility bonds issued in the manner provided
23by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
24borrowing).

25§ 2404. Refunding bonds.

26(a) General rule.--If a borough acquires a water system
27subject to any existing lien or liens and, at the time of
28acquisition, issues utility bonds secured by the liens on the
29water system and which impose no municipal liability, then, when
30the utility bonds mature or at any time prior, the borough may

1issue and sell utility bonds for the purposes of refunding the
2outstanding bonds. The refunding bonds shall be issued as
3utility bonds pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating 
4to indebtedness and borrowing). The issued bonds shall not be
5deemed to be the creation of new obligations but shall be deemed
6a continuation of the bonds existing or created at the time of
7the original acquisition of the water system.

8(b) Time, interest rate and amount.--The bonds shall not be
9refunded for a longer period than 20 years, and the refunding
10lien bonds issued shall not bear interest at a rate exceeding
116%. The aggregate amount of the issued refunding lien bonds
12shall not exceed the amount of the bonds to be refunded. Any
13money placed in any fund by the borough or by any commission of
14the water system for the purpose of redeeming or paying the
15bonds at maturity shall be first applied to the payment of the
16principal of the bonds to be refunded and the balance of the
17bonds only shall be refunded by the issue of new bonds.

18§ 2405. (Reserved).

19§ 2406. Contracts to supply water for municipal purposes.

20Boroughs may receive bids from water companies and municipal
21authorities authorized to do business within the borough and
22from other municipalities operating a water system for the
23supply of water for fire protection and for other municipal
24purposes. The borough may contract for the supply of water with
25the water company.

26§ 2407. Power to supply water beyond limits of borough.

27If a borough maintains a water system, it shall be lawful for
28the borough to supply water to persons and corporations outside
29the limits of the borough, but the supply of water shall be
30subject to any applicable approval or regulation imposed by 66

1Pa.C.S. Pt. I (relating to Public Utility Code). The privilege
2shall not conflict with the corporate rights of any water
3company or the rights of any other municipality or municipal
4authority.

5§ 2408. Assessment for water mains.

6Boroughs shall have power to assess the whole cost or any
7part of the cost of construction of new water mains built in
8connection with the establishment or extension of a municipally
9owned water supply system in accordance with Chapter 21A
10(relating to assessments and charges for public improvements), 
11notwithstanding if the mains are located within or without the 
12limits of the borough.

13§ 2409. Sale of water system.

14(a) General rule.--By ordinance, a borough may sell all or
15part of its water system to a purchaser at an agreed upon price,
16and, thereafter, for all purposes that price shall be deemed to
17be the purchaser's original cost less accrued depreciation of
18the plant at the date of purchase. No ordinance shall take
19effect until the expiration of ten days following its enactment
20and if, within that ten-day period, a protest signed by at least
2110% of the registered electors of the borough is filed with the
22council, the sale shall be stayed pending a referendum on the
23ordinance.

24(b) Protest.--The following shall apply to a protest:

25(1) The borough secretary, within five days following
26the filing of the protest, shall certify to the county board
27of elections a copy of the ordinance and the fact of the
28protest, together with the number of signers of the protest,
29and the county board of elections shall direct a referendum
30to be held on the matter at a special election to be held at

1the time of the next general or municipal or primary election
2occurring not less than 60 days from the date of the
3certification by the borough secretary.

4(2) The referendum shall be conducted by the county
5board of elections in the manner provided by the act of June
63, 1937 (P.L.1333, No.320), known as the Pennsylvania
7Election Code, for the holding of special elections. The
8ballot used when voting upon the question shall contain a
9question stating the nature and purpose of the ordinance and
10provide that a "yes" vote shall be to sustain the ordinance
11and a "no" vote shall be to reject it.

12(3) If more electors vote to sustain the ordinance than
13to reject it, the ordinance shall take effect immediately. If
14more electors shall vote to reject the ordinance than to
15sustain it, the ordinance shall be null and void and shall
16not take effect.

17SUBCHAPTER A.1

18ACQUISITION BY EMINENT DOMAIN

19Sec.

202411. Appropriation of lands and waters.

212412. Agreements as to damages.

222413. (Reserved).

23§ 2411. Appropriation of lands and waters.

24A borough desiring to build a water system or to improve its
25water supply may appropriate springs, streams, rivers or creeks
26and lands, easements and rights-of-way, within or without its
27limits. If the appropriation is outside its limits, the
28appropriation shall be in compliance with 26 Pa.C.S. § 206
29(relating to extraterritorial takings). For the purpose of
30conducting water obtained outside its limits, a borough may lay

1pipes under and over any lands, rivers, streams, bridges,
2highways and under railroads. No water appropriated under this
3section shall be used in a manner as to deprive the owner of the
4water of the free use and enjoyment of the water for domestic or
5farm purposes. The exercise of the powers in this section shall
6be subject to any required approvals or permits from the
7Department of Environmental Protection or other Federal or State
8entity.

9§ 2412. Agreements as to damages.

10Prior to any appropriation under section 2411 (relating to 
11appropriation of lands and waters), the borough shall attempt to
12agree with the owner as to the damage done or likely to be done.
13If the parties cannot agree, the borough shall proceed pursuant
14to 26 Pa.C.S. (relating to eminent domain).

15§ 2413. (Reserved).

16SUBCHAPTER A.2

17ACQUISITION BY PURCHASE AFTER APPRAISEMENT

18Sec.

192421. Petition to court.

202422. Appointment of appraisers.

212423. Powers of appraisers.

222424. Appeal from appraisement.

232425. Authority to purchase and consent to sell.

242426. Bond issue and limitations.

252427. (Reserved).

26§ 2421. Petition to court.

27If a borough desires to own and operate a water system owned
28by any person, firm or corporation, the borough may present its
29petition to the court of common pleas of the county where the
30water system is located, setting forth that:

1(1) The borough desires to own the water system.

2(2) It will be necessary to issue bonds.

3(3) A value should be placed upon the water system,
4including all property, real and personal, used in connection
5with the water system.

6§ 2422. Appointment of appraisers.

7(a) Valuation.--The court of common pleas shall appoint
8three civil engineers as appraisers to value and appraise:

9(1) The water system.

10(2) The property used in connection with the water
11system.

12(3) The contracts or agreements with municipalities.

13(b) Report.--The civil engineers shall file their report in
14the court within three months after their appointment unless the
15time is extended by the court.

16§ 2423. Powers of appraisers.

17The appraisers shall have the following powers:

18(1) To access the books and records of the person, firm
19or corporation owning the water system to inform themselves
20as to the income and value of the water system.

21(2) To administer oaths and to take the testimony of
22witnesses.

23(b) Report.--The report of the appraisers shall be final
24unless the report is appealed.

25§ 2424. Appeal from appraisement.

26(a) Filing of petition.--Within ten days after notice of the
27filing of any report in the court of common pleas, either party
28may appeal from the appraisement by filing a petition for a
29hearing before the court alleging an undervaluation or
30overvaluation of the property.

1(b) Hearing.--The court shall fix a time when the appeal may
2be heard, giving at least ten days' notice to the parties, and,
3upon hearing, the court of common pleas shall have power to
4affirm or modify the report as the court deems just and proper.

5§ 2425. Authority to purchase and consent to sell.

6(a) Authority to purchase.--After the value is finally
7determined, the borough is authorized to buy the water system at
8the valuation fixed.

9(b) Consent to sell.--The person, firm or corporation owning
10the water system shall, within ten days after notice, file in
11the court of common pleas its consent to sell and convey its
12water system and property to the borough at the valuation fixed.
13In default of the filing of the consent, the person, firm, or
14corporation shall cease to have any exclusive privilege of
15supplying the borough or the citizens of the borough with water,
16and the borough may install the water system as may be necessary
17for the accommodation of the public.

18§ 2426. Bond issue and limitations.

19(a) Bond issue.--For the purpose of purchasing a water
20system, the borough may issue utility bonds in the manner
21provided by 53 Pa.C.S. Pt. VII Subpt. B (relating to
22indebtedness and borrowing).

23(b) Limitations.--The bonds shall not exceed in amount the
24value fixed by the appraisers or the court of common pleas. The
25proceeds of the sale of the bonds shall be used exclusively for
26the purpose of paying for the property acquired.

27§ 2427. (Reserved).

28SUBCHAPTER A.3

29POWER TO LEASE WATER SYSTEM

30Sec.

12431. Lease of water system.

22432. Term of lease and rental.

32433. Operation of property.

42434. (Reserved).

5§ 2431. Lease of water system.

6The council of a borough may enter into a contract with any
7individual, partnership, association or corporation for the
8leasing of a water system of the individual, partnership,
9association or corporation.

10§ 2432. Term of lease and rental.

11The lease term may be for a term of years and at a rental
12price as shall be agreed upon by the borough and the individual,
13copartnership, association or corporation.

14§ 2433. Operation of property.

15A borough shall have the same powers in operating a leased
16water system as it would have in operating a purchased or
17condemned water system.

18§ 2434. (Reserved).

19SUBCHAPTER A.4

20JOINT WATER SYSTEM

21Sec.

222436. Joint acquisition and construction.

232437. Permits.

242438. Joint commission.

25§ 2436. Joint acquisition and construction.

26A borough may join with one or more municipal corporations in
27the construction or acquisition and maintenance of a water
28system.

29§ 2437. Permits.

30The construction of a water system shall be commenced only

1after plans for the water system have been filed with the
2Department of Environmental Protection and, if required by law,
3other Federal or State entities and permits issued in accordance
4with law.

5§ 2438. Joint commission.

6(a) General rule.--The municipal corporations joining in the
7construction or acquisition and maintenance of a water system
8may, by ordinance, provide for the appointment of a joint
9commission of a water system in order to facilitate the
10construction, operation and maintenance of the water system and
11to secure preliminary surveys and estimates.

12(b) Function.--The joint commission shall act generally as
13the advisory and administrative agency in the construction of
14the improvement and its subsequent operation and maintenance.

15(c) Composition.--The joint commission shall be composed of
16one representative from each of the joining municipal
17corporations.

18(d) Term of members.--The members of the joint commission
19shall serve for terms of six years each from the dates of their
20respective appointments and until their successors are
21appointed.

22(e) Officers.--The joint commission shall organize by the
23election of a chair, secretary and treasurer. The secretary and
24treasurer may be the same person.

25(f) Ordinance provisions.--The municipal corporations may,
26in the ordinances creating the joint commission, authorize it to
27appoint an engineer, a solicitor and other assistants as are
28deemed necessary and agree to share the compensation for
29attending its meetings as shall be fixed in the budget prepared
30by the commission and submitted to and adopted by the joining

1municipal corporations.

2(g) Compensation limitation and expenses.--The budget item
3providing for the compensation to the members for attending
4meetings shall not exceed $500 per year, but members shall be
5entitled to actual expenses to be paid by the respective
6municipal corporations that the members represent. The fee for
7each attendance at meetings shall be stipulated, and no member
8shall be paid a fee for any meeting the member does not attend.

9SUBCHAPTER A.5

10CONDEMNATION OF LANDS FOR ROAD

11PURPOSES AND TO PREVENT CONTAMINATION

12Sec.

132441. Acquisition of land.

142442. Filing maps and plans.

152443. (Reserved).

162444. (Reserved).

17§ 2441. Acquisition of land.

18(a) Acquisition for construction of roads.--If a borough
19finds it necessary, when storing water for supply to the public,
20to occupy and overflow portions of any public road with water or
21if any public road leads into or crosses over any reservoir used
22for the storage of water, the borough shall, at its own expense,
23reconstruct or build a road in a favorable location, which shall
24be in the same or better condition as the original road. A
25borough is authorized to condemn land for these purposes if an
26agreement as to price cannot be reached with the landowner.

27(b) Land outside borough limits.--A condemnation of land
28outside the borough limits shall be in conformity with 26
29Pa.C.S. § 206 (relating to extraterritorial takings).

30(c) Acquisition to prevent contamination.--A borough may

1acquire, by purchase or condemnation, land along and contiguous
2to streams of water or reservoirs from which water is taken for
3public use if necessary to preserve the water from
4contamination.

5§ 2442. Filing maps and plans.

6If a change is made under section 2441(a) (relating to 
7acquisition of land), the borough shall file in the court of
8common pleas a map or plan showing the change of road, and, if
9the road is outside the limits of the borough, it shall furnish
10to the governing body of the municipal corporation a copy of the
11map.

12§ 2443. (Reserved).

13§ 2444. (Reserved).

14SUBCHAPTER A.6

15COMMISSION OF WATER SYSTEM

16Sec.

172451. Commission.

182452. Terms of commissioners and compensation.

192453. Organization of commissioners.

202454. Powers of commission.

212455. Issue of bonds.

222456. Preparation of plans and specifications and contracts.

232457. Reports by commission.

242458. Care of funds.

25§ 2451. Commission.

26(a) Establishment.--If a borough owns and maintains a water
27system, there may be established in the borough, by ordinance, a
28commission of the water system, which shall have the power of a
29nonprofit corporation, to be composed of either three or five
30citizens of the borough appointed by the council who shall be

1known as commissioners of the water system.

2(b) Abolishment.--At any time after three years from the
3first appointment of the commissioners of the water system, the
4borough may abolish the commission by repealing the ordinance
5establishing the commission, which shall terminate the terms of
6the commissioners then in office.

7§ 2452. Terms of commissioners and compensation.

8(a) General rule.--If a borough establishes a commission of
9the water system, it shall be the duty of the council to appoint
10the commissioners of the water system.

11(b) Commissions with three commissioners.--If there are
12three commissioners, one shall be appointed to serve for one
13year, one for two years and one for three years. Annually
14thereafter, the council shall appoint one commissioner of the
15water system to serve a term of three years.

16(c) Commissions with five commissioners.--If there are five
17commissioners, one shall be appointed to serve for one year, one
18for two years, one for three years, one for four years and one
19for five years. Annually thereafter, the council shall appoint
20one commissioner of the water system to serve a term of five
21years.

22(d) Vacancy.--In case of a vacancy, the council shall fill
23the vacancy for the unexpired term.

24(e) Salary and expenses.--The commissioners of the water
25system may receive a salary for their services and shall be
26reimbursed by the borough for all expenses necessarily incurred
27in the performance of their duties.

28(f) Salary limitations.--The salary of the commissioners
29shall not exceed the following:

30(1) In service areas with fewer than 5,000 metered

1accounts, a maximum of $1,875 per year or $156.25 per month.

2(2) In service areas with 5,000 but fewer than 10,000
3metered accounts, a maximum of $2,500 per year or $208.33 per
4month.

5(3) In service areas with 10,000 but fewer than 15,000
6metered accounts, a maximum of $3,250 per year or $270.83 per
7month.

8(4) In service areas with 15,000 but fewer than 25,000
9metered accounts, a maximum of $4,125 per year or $343.75 per
10month.

11(5) In service areas with 25,000 but fewer than 35,000
12metered accounts, a maximum of $4,375 per year or $364.58 per
13month.

14(6) In service areas with 35,000 or more metered
15accounts, a maximum of $5,000 per year or $416.67 per month.

16§ 2453. Organization of commissioners.

17The commissioners of the water system shall meet within ten
18days after their first appointment and annually thereafter and
19organize by electing a president and secretary.

20§ 2454. Powers of commission.

21After organization, the commissioners shall take charge and
22control of the water system of the borough. The commission shall
23have the following powers:

24(1) To appoint all necessary officers and agents and
25take from the officers and agents security for the faithful
26performance of their duties as the commission deems proper.

27(2) To fix the salaries and wages of the officers and
28agents.

29(3) To provide for the repair, extension, improvement
30and maintenance of the water system and the construction of a

1new water system.

2(4) To collect water rents.

3(5) To make and establish the rates and conditions upon
4which water will be furnished to applicants, subject to any
5applicable approval, regulation or control imposed by 66
6Pa.C.S. Pt. I (relating to Public Utility Code).

7(6) To make bylaws and regulations for the economic and
8efficient management of the water system, which shall not be
9inconsistent with any of the laws of this Commonwealth or the
10rules and regulations of the Department of Environmental
11Protection. No bylaws or regulations shall become effective
12until they have been approved by the council and enacted as
13ordinances of the borough.

14§ 2455. Issue of bonds.

15The borough may, upon the request of the commissioners of the
16water system, issue general obligation or nondebt revenue bonds
17for the extension of the water system or the erection of a new
18water system. The bonds shall be designated "water system bonds"
19and shall be issued and sold in the manner provided by 53
20Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
21borrowing).

22§ 2456. Preparation of plans and specifications and contracts.

23(a) Preparation of plans and specifications.--The
24commissioners shall prepare plans and specifications of all work
25to be performed and materials necessary for the repair,
26maintenance and extension of the water system or the
27construction of a new water system.

28(b) Contracts.--The commissioners shall, after plans and
29specifications for the extension or the construction of a water
30system have been submitted to and approved by the Department of

1Environmental Protection and a permit has been granted as may be
2required by law:

3(1) Invite proposals for the performing of the work and
4the furnishing of materials.

5(2) Advertise for bids as required by law.

6(3) Let contracts to the lowest qualified and
7responsible bidder.

8(4) Take adequate security for the performance of the
9contracts and for the payment of all labor and materials.

10§ 2457. Reports by commission.

11The commissioners shall make a monthly report to the council
12of the receipts and disbursements during the preceding month and
13annually make a detailed report of the condition of the water
14system. Both the monthly and annual reports shall be deemed to
15be public records.

16§ 2458. Care of funds.

17(a) Collectors.--Collectors shall be appointed by the
18commissioners, in accordance with section 2454 (relating to 
19powers of commission), who shall collect all money for water
20rents.

21(b) Deposits.--The money collected shall be deposited weekly
22with the borough treasurer who shall return a receipt to the
23commissioners.

24(c) Use.--All money collected shall be kept in a separate
25fund and shall be used for the purpose of repairing, maintaining
26and extending the water system and the construction of a new
27water system. All money remaining after the expenditures shall
28be used solely for the payment of any indebtedness on the water
29system and any indebtedness incurred by the borough for
30constructing, maintaining, improving, enlarging or extending the

1water system.

2(d) Withdrawals.--No money shall be drawn from the fund
3except upon order countersigned by the president and secretary
4of the commission.

5SUBCHAPTER A.7

6WATER CONNECTIONS

7Sec.

82461. Ordinance.

92462. Notice and failure to make required connection.

102463. Water main tapping fees.

11§ 2461. Ordinance.

12(a) General rule.--Council may, by ordinance, require any
13owner of property to connect with and use a water system of the
14borough or municipal authority or a joint water board in either
15of the following cases:

16(1) Except as provided in subsection (b), if the
17property owner's principal building is located within 150
18feet of a water system or any part or extension of the
19system.

20(2) If the property owner's principal building has no
21supply of water which is safe for human consumption.

22(b) Exception.--A property owner who after July 16, 2012, is
23subject to mandatory connection under subsection (a)(1) shall
24not be required to connect to the water system in accordance
25with subsection (a) if all of the following conditions exist:

26(1) The water system or part or extension of the system
27that is within 150 feet of the principal building was in
28existence on July 16, 2012.

29(2) The principal building has its own supply of water
30which is safe for human consumption.

1(3) Prior to July 16, 2012, the property owner was not
2required to connect to the existing system.

3(c) Backflow prevention.--A borough may require any owner of
4property to install and maintain a backflow prevention device
5based on the degree of potential hazard of the connected
6property in accordance with the Pennsylvania Construction Code
7and regulations promulgated under that act.

8(d) Penalties.--A borough may assess penalties for the
9violation of ordinances pertaining to water connections or
10backflow prevention devices.

11§ 2462. Notice and failure to make required connection.

12An owner shall be given at least 45 days' notice of any
13ordinance requiring a water connection, and, upon failure of the
14owner to make the required connection, the borough may make the
15connection and collect the cost from the owner by a municipal
16claim or in an action of assumpsit. All connections required
17shall be uniform.

18§ 2463. Water main tapping fees.

19(a) General rule.--A borough may, by ordinance, provide for
20charging a tapping fee calculated in accordance with 53 Pa.C.S.
21§ 5607 (relating to purposes and powers) if the owner of any
22property connects the property with a water main constructed or
23acquired by the borough. The tapping fee shall be in addition to
24any charges assessed and collected against the property in the
25construction or acquisition of the water main by the borough.

26(b) Refund.--If a water main or part or extension owned by a
27borough has been constructed by the borough at the expense of a
28private person or corporation or has been constructed by a
29private person or corporation under the supervision of the
30borough at the expense of the private person or corporation, the

1borough shall have the right to charge a tapping fee calculated
2in accordance with 53 Pa.C.S. § 5607 and refund the tapping fee
3or any part of the tapping fee to the person or corporation who
4has paid for the construction of the water main or any part or
5extension. The total of the refunds shall never exceed the cost
6of the system or any part or extension to the person or
7corporation paying for the construction.

8SUBCHAPTER B

9(RESERVED)

10SUBCHAPTER C

11(RESERVED)

12SUBCHAPTER D

13(RESERVED)

14CHAPTER 24A

15MANUFACTURE AND SUPPLY OF ELECTRICITY

16Sec.

1724A01. Definitions.

1824A02. General powers.

1924A03. Specific powers.

2024A04. Municipal power agencies.

2124A05. Additional contracting authority.

22§ 24A01. Definitions.

23The following words and phrases when used in this chapter
24shall have the meanings given to them in this section unless the
25context clearly indicates otherwise:

26"Municipal power agency." A separate body politic and
27corporate under the laws of this Commonwealth created by
28agreement between or among two or more boroughs pursuant to
29section 24A04 (relating to municipal power agencies).

30"Project." Electric plants, hydroelectric plant works,

1system, facilities or real or personal property, together with
2their parts and appurtenances, used or useful in connection with
3the generation, production, transmission, purchase, sale,
4exchange or interchange of electric power or energy, or any
5interest therein or right to capacity thereof.

6"Revenue bond." An instrument imposing an obligation for the
7repayment of money borrowed, payable as to both principal and
8interest exclusively from the income and revenues derived from
9an interest in an electric plant or project.

10§ 24A02. General powers.

11(a) Electric plants and projects.--A borough may, either
12singly or jointly, manufacture or purchase electricity for the
13use of its inhabitants, own, construct, acquire by lease,
14purchase or otherwise gain an interest in, operate and manage or
15cause to be operated and managed an electric plant or project
16located within or without this Commonwealth. In the exercise of
17these powers, a borough may join with any other borough,
18political subdivision, agency or instrumentality of the Federal
19Government, State government, political subdivision of another
20state, private corporation empowered to supply electricity,
21electric cooperative corporation formed under 15 Pa.C.S. Ch. 73
22Subchs. A (relating to preliminary provisions) and B (relating 
23to powers, duties and safeguards) or previously formed under the
24former act of June 21, 1937 (P.L.1969, No.389), known as the
25Electric Cooperative Corporation Act, or an electric cooperative
26corporation in another state.

27(b) Contracts for supplying electricity.--A borough owning
28or operating an electric plant may make contracts for supplying
29electricity for commercial purposes outside the limits of the
30borough, if the borough has received the consent of the other

1municipal governing body and, if applicable, subject to 66
2Pa.C.S. Pt. I (relating to Public Utility Code).

3(c) Additional sources.--A borough may conduct studies as
4necessary to determine the feasibility and cost of any
5additional sources and supplies of electric power and energy and
6may cooperate with private power companies, other boroughs,
7electric cooperative corporations and other public or private
8electric power entities, within or without this Commonwealth, in
9the development of electric power and energy.

10(d) Consent of borough to supply electricity.--No person,
11partnership or corporation may introduce electric current for
12light, heat or power purposes, without the consent of the
13council, into the limits of any borough that is furnishing
14electric current to its inhabitants. This subsection shall not
15apply to any person, partnership or corporation manufacturing
16electricity exclusively for its own use.

17(e) Corporate rights.--Nothing in this chapter may conflict
18with the corporate rights of a corporation empowered to supply
19electricity in the territory adjacent to the borough or with the
20rights of any other municipality.

21(f) Restrictions.--A borough shall not become a stockholder
22in, obtain or appropriate money for or loan its credit to a
23corporation, association, institution or individual or otherwise
24act contrary to the provisions of section 9 of Article IX of the
25Constitution of Pennsylvania.

26(g) General powers.--A borough, through its governing body,
27shall have the power to do and accomplish all actions reasonably
28necessary and incident to the administration, operation and
29management of a plant or project.

30§ 24A03. Specific powers.

1(a) Specific powers enumerated.--In addition to exercising
2its general powers under section 24A02 (relating to general
3powers), a borough, through its governing body, shall have the
4following powers:

5(1) To contract for the purchase, sale, exchange,
6interchange, wheeling, pooling or transmission of electric
7power and energy or for the right to the capacity of electric
8power, inside and outside of this Commonwealth, to and from
9any public or private power entities, private power
10companies, other boroughs and electric cooperative
11corporations.

12(2) To regulate the use of and the charge for
13electricity furnished by the borough for use throughout the
14borough. A borough may fix, establish, maintain and collect
15or authorize by contract or otherwise the establishment,
16levying and collection of the rates, fees, rental or other
17charges, including connection charges, for the services
18afforded by or in connection with any properties which the
19borough constructs, erects, owns, acquires, operates or
20manages and for the sale or transmission of electric energy
21and power as it deems necessary, proper, desirable and
22reasonable.

23(3) To procure insurance against any losses in
24connection with its property, operations or assets in the
25amounts and from the insurers as the governing body or bodies
26deem desirable.

27(4) To contract for and to accept any gifts, grants or
28loans of funds, property or financial or other aid in any
29form, from the United States or any agency or instrumentality
30of the United States, or from any other source.

1(5) To lease, or otherwise grant the use of, and to make
2charges for the use of any property or facility owned or
3controlled by the borough.

4(6) To procure from the United States or any agency or
5instrumentality of the United States, or from any state or
6agency or instrumentality of a state, any consents,
7authorizations or approvals which may be requisite to enable
8ownership, operation, construction or repair.

9(7) To borrow money and from time to time to issue
10revenue bonds and to enter into agreements with the
11purchasers of the revenue bonds. A borough that incurs debt
12for the construction or purchase of an electric plant, or
13land on which to construct an electric plant, or gains an
14interest in an electric plant or project under section 24A02
15shall incur the debt in accordance with and to the extent
16permitted by 53 Pa.C.S. Pt. VII Subpt. B (relating to
17indebtedness and borrowing). Interest and principal paid on
18revenue bonds issued by a borough under this chapter shall be
19exempt from all State taxes of any kind or nature.

20(8) To mortgage a property acquired or owned under
21section 24A02 to secure the payment of its revenue bonds or
22other obligations issued to finance the acquisition,
23ownership or repair.

24(9) To sell, by ordinance, all or part of its electric
25works to a purchaser for the sale price agreed upon by the
26parties. After the sale, the price shall be deemed to be the
27purchaser's original cost less accrued depreciation of the
28plant at the date of purchase.

29(10) To purchase the electric works of any person,
30partnership or electric company organized under the laws of

1this Commonwealth that is furnishing electricity to the
2borough or the public within the borough. The borough and the
3person, partnership or a majority in value of the
4stockholders of a corporation may agree upon the purchase
5price, except that, upon failure of the parties to agree on
6the price, the borough may proceed according to 26 Pa.C.S.
7(relating to eminent domain).

8(b) Eminent domain.--In the erection and extension of an
9electric plant or project under this chapter and for all other
10purposes authorized by this part, a borough may enter upon,
11appropriate, injure or destroy private lands, property or
12material according to the proceedings set forth in 26 Pa.C.S. A
13borough shall not have the power of condemnation with regard to
14any property of a private or public retail electric supplier
15which geographically lies beyond the boundaries of the corporate
16limits of the borough.

17§ 24A04. Municipal power agencies.

18(a) General rule.--Two or more boroughs may form a municipal
19power agency by the execution of an agency agreement authorized
20by an ordinance of the governing bodies of each borough. The
21agency agreement shall state:

22(1) The name of the agency, which shall include the
23words "municipal power agency."

24(2) The names of the boroughs which have approved the
25agency agreement and are initial members of the municipal
26power agency.

27(3) That the municipal power agency is created pursuant
28to the authority granted by this part.

29(4) The names and addresses of the persons initially
30appointed by the governing bodies to act as representatives

1to the municipal power agency from the member boroughs.

2(5) The limitations, if any, placed on the powers or
3terms of representatives appointed by the governing bodies of
4the member boroughs.

5(6) The names and addresses of the initial board of
6directors of the municipal power agency, if known by the time
7of filing, which shall be constituted by not less than five
8persons who are representatives of the member boroughs,
9selected by the vote of a majority of the representatives.

10(b) Certificate of incorporation.--The agency agreement
11under subsection (a) and a certified copy of the ordinance of
12the governing body of each borough shall be filed for record
13with the Secretary of the Commonwealth. If the agency agreement
14meets the requirements of this section, the Secretary of the
15Commonwealth shall record the agreement and issue and record a
16certificate of incorporation which shall be conclusive proof of
17substantial compliance with the requirements of this section.
18The certificate shall state the name of the municipal power
19agency and the fact and date of incorporation. Upon the issuance
20of the certificate of incorporation, the existence of the
21municipal power agency as a political instrumentality of the
22Commonwealth shall begin.

23(b.1) Open meetings.--Regular and special meetings of the
24representatives of member boroughs and the board of directors as
25provided in this section shall be subject to 65 Pa.C.S. Ch. 7
26(relating to open meetings).

27(c) Bylaws.--The bylaws of the municipal power agency and
28any amendments shall be proposed by the board of directors and
29shall be adopted by a majority vote of the representatives of
30the member boroughs unless the agency agreement requires a

1greater vote at a meeting held after notice. Subject to the
2provisions of the agency agreement, the requirements of this 
3part and the laws of this Commonwealth, the bylaws shall state:

4(1) The qualifications of member boroughs and
5limitations, if any, upon their number.

6(2) Conditions of membership, if any.

7(3) The manner and time of calling regular meetings of
8representatives of member boroughs.

9(4) The manner and conditions of termination of
10membership.

11(5) Other provisions for regulating the affairs of the
12municipal power agency as the representatives of the member
13boroughs shall determine to be necessary.

14(d) Registered office.--Every municipal power agency shall
15maintain an office in this Commonwealth to be known as its
16registered office. When a municipal power agency desires to
17change the location of its registered office, it shall file with
18the Secretary of the Commonwealth a certificate of change of
19location of registered office, stating the new location by
20address, including street and number, if any, and the effective 
21date of change. When the certificate of change of location has
22been duly filed, the board of directors may make the change
23without any further action.

24(e) Directors.--The following apply:

25(1) Each of the directors shall hold office for the term
26for which the director has been selected and until a
27successor has been selected and has qualified. Directors
28shall discharge their duties in good faith and with that
29diligence and care which an ordinary prudent person in a like
30position would exercise under similar circumstances.

1(2) The agency agreement or the bylaws may prescribe the
2number, term of office, powers, authority and duties of
3directors, the time and place of their meetings and other
4regulations concerning directors in a manner consistent with
5law.

6(3) Except where the agency agreement or bylaws
7prescribe otherwise, the term of office of a director shall
8be for one year.

9(4) Except where the agency agreement or bylaws
10prescribe otherwise, a meeting of the board of directors may
11be held at any place within this Commonwealth designated by
12the board, after notice, and an act of the majority of the
13directors present at a meeting at which a quorum is present
14is the act of the board.

15(5) Except where the agency agreement or bylaws
16prescribe otherwise, any vacancy occurring on the board shall
17be filled by a person nominated by the remaining members of
18the board and elected by a majority of representatives of the
19member boroughs.

20(f) Officers.--Except where the agency agreement or bylaws
21prescribe otherwise, the board of directors shall appoint a
22president from its membership and a secretary, treasurer and any
23other officers or agents deemed necessary who may, but need not
24be, borough representatives or directors. An officer may be
25removed with or without cause by the board of directors.
26Officers of the municipal power agency shall have the authority
27and duties in the management of the business of the municipal
28power agency that the agency agreement or bylaws prescribe or,
29in the absence of the prescription, as the board of directors
30determines.

1(g) Representatives of member boroughs.--The following
2apply:

3(1) Except as otherwise provided in the agency agreement
4or the bylaws, the duly authorized representatives of each
5member borough shall act as and vote on behalf of that
6borough.

7(2) Except where the agency agreement or bylaws provide
8otherwise, representatives of the member boroughs shall hold
9at least one meeting each year for the election of directors
10and for the transaction of any other business.

11(3) Except where the agency agreement or bylaws
12prescribe otherwise, special meetings of the representatives
13may be called for any purpose upon written request to the
14president or secretary to call the meeting. The officer shall
15give notice of the meeting to be held between ten and 60 days
16after receipt of the request.

17(4) Unless the agency agreement or bylaws provide for a
18different percentage, a quorum for a meeting of the
19representatives of the member boroughs is a majority of the
20total members, and a quorum for meetings of the board of
21directors is a majority of the membership of the board.

22(h) Amendment of agency agreement.--The agency agreement may
23be amended as proposed at any meeting of the representatives of
24the members for which notice stating the purpose shall be given
25to each representative and, unless the agency agreement or
26bylaws require otherwise, shall become effective when ratified
27by ordinances of a majority of the governing bodies of the
28member boroughs. Each amendment and the ordinances approving it
29shall be filed for record with the Secretary of the
30Commonwealth.

1(i) Appropriations.--Each member borough shall have full
2power and authority, within budgetary limits applicable to it,
3to appropriate money for the payment of expenses of the
4formation of the municipal power agency and of its
5representative in exercising its functions as a member of the
6agency.

7(j) General powers.--A municipal power agency may own,
8construct, acquire by lease, purchase or otherwise gain an
9interest by itself or as co-owner or tenant in common and
10operate and manage or cause to be operated and managed an
11electric plant or project located within or without this
12Commonwealth jointly with any political subdivision, subdivision
13of the Federal Government, State government, political
14subdivision of another state, private corporation empowered to
15supply electricity, electric cooperative corporation formed
16under the former act of June 21, 1937 (P.L.1969, No.389), known
17as the Electric Cooperative Corporation Act, or electric
18cooperative corporation in another state.

19(k) Specific powers.--All powers of a municipal power agency
20shall be exercised by its board of directors, unless otherwise
21provided by the agency agreement or bylaws. A municipal power
22agency shall have the power to do and accomplish all actions
23reasonably necessary and incident to the ownership,
24construction, acquisition, administration, operation and
25management of an electric plant or project. Among the specific
26powers of a municipal power agency shall be the following:

27(1) To sue and be sued.

28(2) To enter into contracts.

29(3) To cooperate with private power companies, boroughs,
30electric cooperative corporations and other public or private

1electric power entities inside and outside of this
2Commonwealth in the development of electric power and energy.

3(4) To make the studies as may be necessary to determine
4the feasibility and cost of any additional sources and
5supplies of electric power and energy.

6(5) To contract for the purchase, sale, exchange,
7interchange, wheeling, pooling or transmission of electric
8power and energy or for the right to the capacity thereof,
9inside and outside of this Commonwealth, to and from any
10public or private power entities, private power companies,
11other boroughs and electric cooperative corporations.

12(6) To procure insurance against any losses in
13connection with its property, operations or assets in amounts
14and from insurers as the board of directors deems desirable.

15(7) To contract for and to accept any gifts, grants or
16loans of funds, property or financial or other aid in any
17form from the United States or any agency or instrumentality
18of the United States or from any other source.

19(8) To acquire, hold, use, operate and dispose of
20personal property.

21(9) To acquire, hold, use and dispose of its income,
22revenues, funds and money.

23(10) To acquire, own, use, lease, operate and dispose of
24real property and interests in real property and to make
25improvements to the real property.

26(11) To grant the use, by lease or otherwise, and to
27make charges for the use of any property or facility owned or
28controlled by it.

29(12) To procure from the United States or any agency or
30instrumentality of the United States, or from any state or

1agency or instrumentality of a state, any consents,
2authorizations or approvals which may be requisite to enable
3ownership, operation, construction or repair.

4(13) To borrow money and from time to time to issue
5revenue bonds and to enter into agreements with the
6purchasers of the revenue bonds.

7(14) To invest funds not required for immediate use,
8including, but not limited to, proceeds from the sale of
9revenue bonds. The power of a municipal power agency to
10invest shall be the same as that of a borough, as exercised
11by the council pursuant to sections 1005(6) (relating to
12powers of council) and 1316 (relating to investment of
13funds).

14(15) To mortgage any property acquired or owned to
15secure the payment of its revenue bonds or other obligations
16issued to finance the acquisition, ownership or repair.

17(l) Eminent domain.--

18(1) Except as provided under paragraph (2), in the
19erection and extension of an electric plant or project and
20for all other purposes authorized by this part, a municipal
21power agency may enter upon, appropriate, injure or destroy
22private lands, property or material according to the
23proceedings set forth in 26 Pa.C.S. (relating to eminent
24domain).

25(2) A municipal power agency shall not have the power of
26condemnation with regard to any property of a private or
27public retail electric supplier which geographically lies
28beyond the boundaries of the corporate limits of its member
29boroughs.

30(m) Revenue bonds.--A municipal power agency which gains an

1interest in an electric plant or project may pay all or part of
2the cost from the revenues derived from the sale of revenue
3bonds issued in the manner provided by 53 Pa.C.S. Pt. VII Subpt.
4B (relating to indebtedness and borrowing).

5(n) Bylaws.--A municipal power agency may make and enforce
6bylaws or rules which it deems necessary or desirable. A
7municipal power agency may establish, fix, levy and collect or
8may authorize, by contract, franchise, lease or otherwise, the
9establishment, levying and collection of rents, rates and other
10charges for the services afforded by the municipal power agency,
11including connection for the services afforded by the municipal
12power agency, including connection charges or by or in
13connection with any project or properties which it may
14construct, erect, acquire, own, operate or control, or with
15respect to which it may have any interest or any right to
16capacity thereof, and for the sale of electric energy or of
17generation or transmission capacity or services as it may deem
18necessary, proper, desirable and reasonable. Rents, rates and
19other charges shall be at least sufficient to meet expenses
20thereof, including reasonable reserves, interest and principal
21payments.

22(o) State tax exemptions.--Interest and principal paid on
23revenue bonds issued by a municipal power agency shall be exempt
24from all State taxes of whatsoever kind or nature.

25§ 24A05. Additional contracting authority.

26(a) Additional contracting authority.--In addition to the
27authority provided under section 24A02 (relating to general
28powers), a borough that, on October 27, 2010, owned or operated
29electric generation or distribution facilities and a borough
30that is a member of a nonprofit membership corporation may

1contract with the nonprofit membership corporation for the
2following:

3(1) The development of electric power and associated
4energy, including the conduct of investigations or studies
5necessary to determine the feasibility and cost of additional
6sources and supplies of electric power and associated energy.

7(2) The purchase, sale, exchange, interchange, wheeling,
8pooling or transmission of electric power and associated
9energy or the right to the capacity from sources and projects
10in this Commonwealth or another state for a period not to
11exceed 50 years.

12(b) Contract requirements.--A contract under subsection (a)
13(2) shall include the purpose of the contract, the duration of
14the contract and available procedures to terminate the contract
15subsequent to the repayment of all indebtedness secured under
16the contract.

17(c) Minimum quantity of electric power and energy.--If a
18borough is a member of a nonprofit membership corporation, a
19contract under subsection (a)(2) may, if specifically set forth
20in the contract, obligate the borough to:

21(1) Take and pay for a minimum quantity of electric
22power and associated energy if the power and energy are
23available for delivery.

24(2) In connection with a project owned by the nonprofit
25membership corporation or in which the nonprofit membership
26corporation obtains an undivided ownership interest, take or
27pay for a minimum amount of electric power and energy.

28(3) Pay for electric power and energy only if utilized
29by the borough.

30(d) Applicability of minimum requirements.--

1(1) The authority under subsection (c)(1) shall apply
2whether or not the borough accepts delivery of the power and
3energy.

4(2) The authority under subsection (c)(2) shall apply
5notwithstanding the suspension, interruption, interference or
6reduction or curtailment of the output of the project or the
7electric power and energy contracted for and whether or not:

8(i) the electric power and energy is available for
9delivery to the borough; or

10(ii) the borough accepts delivery of the electric
11power and energy.

12(e) Take-or-pay or take-and-pay arrangements.--No borough
13may be obligated under a take-or-pay or take-and-pay arrangement
14entered into with a nonprofit membership corporation in which
15the borough maintains membership unless that obligation is
16expressly authorized by an act of the council.

17(f) Restrictions.--A nonprofit membership corporation shall
18not:

19(1) Condition membership in the nonprofit membership
20corporation on the inclusion of any take-or-pay or take-and-
21pay obligations in a contract under subsection (a)(2).

22(2) Except as set forth in subsection (g), require take-
23or-pay or take-and-pay obligations in a contract with a
24borough unless the contract meets the criteria of subsection
25(c)(1) or (2).

26(g) Future contracts.--A borough that is a member of a
27nonprofit membership corporation may enter into future power
28supply contracts, contract renewals or contract extensions with
29the nonprofit membership corporation under subsection (c)(3):

30(1) with no take-or-pay or take-and-pay obligations as

1permitted by subsection (c)(1) and (2); and

2(2) without prejudice or discrimination as compared to
3any other borough which chooses to enter into contracts
4permitted by subsection (c)(1) and (2) with the nonprofit
5membership corporation.

6(h) Future power supply contract terms.--In order to carry
7out subsection (g), a nonprofit membership corporation which
8provides or offers electric power and associated energy to a
9member borough in this Commonwealth under subsection (a)(2)
10shall offer, to all of its member boroughs in this Commonwealth,
11future power supply contract terms, contract renewals or
12contract extensions under subsection (c)(3) on a comparable and
13nondiscriminatory basis and with similar terms and conditions to
14future power supply contract terms, contract renewals or
15contract extensions that would be appropriate under subsection
16(c)(3) which the nonprofit membership corporation
17contemporaneously offers to its members in other states.

18(i) Payments.--All obligations under a contract under
19subsection (a)(2) shall be paid from revenues derived from the
20operation of the borough's electric system, and payments shall
21be an operating expense of the borough's electric system.

22(j) Obligations of other entities.--If explicitly set forth
23in a contract under subsection (a)(2), a borough may agree to
24assume, prorate or otherwise become liable for the obligations
25of another borough of this Commonwealth or of a political
26subdivision of another state that is a member of the nonprofit
27membership corporation if the borough or other political
28subdivision defaults in the payment of its obligations for the
29purchase of the electric power and associated energy. The
30contract may include provisions to permit a borough to succeed

1to the rights and interests of the defaulting borough or
2political subdivision to purchase electric power and associated
3energy. A borough's liability for the obligations of a
4defaulting borough of this Commonwealth or a political
5subdivision of another state shall not exceed 25% of a borough's
6initial nominal entitlement to electric power and associated
7energy under the contract.

8(k) Pledge of borough property prohibited.--None of the
9obligations under the contract may constitute a legal or
10equitable pledge, charge, lien or encumbrance on any property of
11the borough or on any of its income, receipts or revenues,
12except revenues of its electric system. The full faith and
13credit and the taxing power of the borough shall not be pledged
14for the payment of an obligation under the contract.

15(l) Construction.--This section is intended to add to the
16powers and rights of a borough, and nothing in this section may
17be construed to limit either the general or specific powers or
18rights of a borough set forth in this title.

19(m) Definition.--As used in this section, the term
20"nonprofit membership corporation" means an entity the
21membership of which:

22(1) consists solely of Pennsylvania boroughs, such as a
23consortium, buying group or municipal power agency under
24section 24A04 (relating to municipal power agencies); or

25(2) consists of Pennsylvania boroughs and political
26subdivisions of another state or states.

27CHAPTER 25

28(RESERVED)

29CHAPTER 25A

30AIRPORTS

1Sec.

225A01. Authority to secure lands for airports.

325A02. Authority to establish and lease airports.

425A03. Joint airports.

5§ 25A01. Authority to secure lands for airports.

6A borough is authorized and empowered to acquire by lease,
7purchase or condemnation any land lying either within or without
8the limits of the borough which, in the judgment of the council,
9may be necessary and desirable for the purpose of establishing
10and maintaining municipal airport facilities. The proceedings
11for the condemnation of land under the provisions of this 
12chapter and for the assessment of damages for property taken,
13injured or destroyed shall be conducted in the manner provided
14by 26 Pa.C.S. (relating to eminent domain). The title acquired
15by the borough exercising the power of condemnation shall be a
16title in fee simple.

17§ 25A02. Authority to establish and lease airports.

18A borough acquiring land under the provisions of this chapter
19is authorized and empowered to establish, equip, condition,
20operate and maintain the land as a municipal airport and may
21lease the land, or any part, to any individual or corporation
22desiring to use the same for aviation purposes. A borough may
23enter into a contract, in the form of a lease, providing for the
24use of the land, or any part, by the Federal Government for its
25use of the land for aviation purposes upon nominal rental or
26without consideration.

27§ 25A03. Joint airports.

28In accordance with the powers in this chapter, a borough may,
29jointly with another municipality, acquire land for aviation
30purposes and may jointly operate and maintain the airport on the

1terms and conditions as agreed upon by the governing bodies of
2the borough and other municipality.

3CHAPTER 26

4WHARVES AND DOCKS

5Sec.

62601. Powers.

72602. (Reserved).

82603. Proceedings.

92604. Assessment of damages.

102605. Leases.

112606. Market houses, terminal sheds, tracks and facilities.

122607. Public use preserved.

132608. Saving clause.

14§ 2601. Powers.

15(a) Construction and repair.--Boroughs shall have the power
16to construct and repair wharves and docks and may acquire, by
17purchase or condemnation, real estate along navigable waters and
18within the borough limits as needed for the construction. Prior
19to any condemnation, a borough shall enact an ordinance
20authorizing the same.

21(b) Additional powers.--Boroughs have the following
22additional powers:

23(1) To regulate, fix and enforce the collection of the
24rate of wharfage for all public wharves and docks within its
25limits.

26(2) To regulate the anchoring of vessels, boats or rafts
27within the borough limits.

28(3) To regulate the depositing of freight on the public
29wharves.

30§ 2602. (Reserved).

1§ 2603. Proceedings.

2The proceedings before the viewers for the assessment of
3damages for property taken, injured or destroyed under this 
4chapter and the proceedings on their report shall be as provided
5in 26 Pa.C.S. (relating to eminent domain). The costs of all
6proceedings, including the compensation of the viewers, shall be
7paid by the borough.

8§ 2604. Assessment of damages.

9(a) General rule.--The damages for the taking or injury of
10any property for use as a wharf, pier or bulkhead shall include
11full compensation for the value of the property taken or
12injured.

13(b) Partial taking.--If the property taken or injured shall
14constitute a part of a plant used as an entirety, the damage to
15the owner or tenant shall be assessed by taking the difference
16in market value of the plant as a whole, including buildings and
17all equipment installed and used in the plant, before and after
18taking or injury, and notwithstanding that part of the plant may
19be separated by a street or highway.

20§ 2605. Leases.

21Any borough may lease any wharf or part and collect rent by
22distress or otherwise. No one term of a lease shall be for a
23period longer than three years.

24§ 2606. Market houses, terminal sheds, tracks and facilities.

25(a) Market houses and terminal sheds.--Boroughs may erect
26and maintain market houses and terminal sheds on wharves for the
27receipt and distribution of freight and express.

28(b) Tracks and facilities.--Boroughs may construct railroad
29and street railway tracks or other facilities on wharves to
30provide for the convenient hauling of freight or express matter

1and may collect rents, tolls or charges for the use of market
2houses, terminal sheds, tracks and facilities. No permit other
3than a license revocable at will shall be granted, and no
4exclusive permit for the use of the facilities shall be granted.

5§ 2607. Public use preserved.

6No structure erected and no right granted under the powers
7conferred under this chapter shall interfere with the public use
8of wharves for waterborne commerce.

9§ 2608. Saving clause.

10Nothing contained in this chapter shall be construed as
11conferring upon boroughs any power conferred by existing law on
12the Navigation Commission for the Delaware River and its
13Navigable Tributaries or to permit boroughs to do any act or to
14enact any ordinance inconsistent with the laws, rules and
15regulations relating to the commission.

16CHAPTER 27

17RECREATION PLACES, SHADE TREES AND FORESTS

18Subchapter

19A. Parks and Playgrounds

20B. Shade Trees

21C. Forests

22SUBCHAPTER A

23PARKS AND PLAYGROUNDS

24Sec.

252700. Definitions.

262701. General powers.

272702. Power to acquire.

282703. Appropriation of private property.

292704. (Reserved).

302705. (Reserved).

12706. (Reserved).

22707. (Reserved).

32708. Recreation board or other authority.

42709. Establishment of recreation board.

52710. Organization of board and employees.

62711. (Reserved).

72712. (Reserved).

82713. Lease for school athletics.

9§ 2700. Definitions.

10The following words and phrases when used in this chapter
11shall have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Recreation places." Public parks, parkways and playgrounds,
14playfields, swimming pools, public baths, bathing places, indoor
15recreation centers and gymnasiums.

16§ 2701. General powers.

17(a) General rule.--A borough may provide, improve, maintain
18and regulate recreation places within the borough limits or in
19any adjacent municipal corporation if the other municipal
20corporation shall, by ordinance, signify its consent to the 
21provision, improvement, maintenance or regulation.

22(b) Acquisition.--A borough may enter upon, appropriate and
23acquire by gift, devise, purchase, lease or otherwise private
24property or may designate and set apart any lands or buildings
25owned by the borough and not dedicated or devoted to other
26public uses for the purpose of making, enlarging and maintaining
27recreation places.

28(c) Joint action.--A borough may join with one or more
29political subdivisions to acquire, create, equip, improve,
30regulate, maintain and operate any recreation place in

1accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to
2intergovernmental cooperation).

3(d) Limitation.--No borough, acting individually or jointly,
4may acquire private property within the limits of another
5municipal corporation for the purposes designated in this
6section without the consent of the governing body of the
7municipal corporation in which the property is located in
8accordance with 26 Pa.C.S. (relating to eminent domain).

9(e) Expenses.--All expenses incurred in the maintenance,
10improvement, acquisition or operation of recreation places, as
11provided in this section, shall be payable from the treasury of
12the borough or the borough and other political subdivisions as
13may be provided for by agreement of the governing bodies. The
14council may annually appropriate, and cause to be raised by
15taxation <-as provided under section 1302(a)(10) (relating to tax 
16levy), an amount necessary for the purpose of maintaining and
17operating recreation places or for paying its share of the
18amount.

19§ 2702. Power to acquire.

20A borough may enter upon, appropriate and acquire by gift,
21devise, purchase, lease or otherwise private property within the
22limits of the borough or in any adjacent township. A borough may
23designate and set apart any lands or buildings owned by the
24borough and not dedicated or devoted to other public uses.

25(b) Joint acquisition.--Two or more boroughs may jointly
26appropriate and acquire by gift, devise, purchase, lease or
27otherwise private property within the limits of any township
28adjacent to any of the boroughs for the purpose of making,
29enlarging and maintaining recreation places. All the costs and
30expenses relative to the property acquired by two or more

1boroughs jointly shall be paid by the respective boroughs in the
2proportions as may be agreed upon by the respective councils.

3(c) Private property of other borough or city.--Any borough
4may likewise acquire private property within the limits of
5another borough or city for the purposes designated in this
6section if the other borough or city shall, by ordinance,
7signify its consent to the acquisition.

8§ 2703. Appropriation of private property.

9The appropriation of private property for the purpose of
10making, enlarging and maintaining recreation places is declared
11to be the taking of private property for public use, and, for
12all damage suffered by the owners of any property taken in that
13manner, the funds of the borough raised by taxation shall be
14pledged as security. The proceedings for the taking of private
15property and the assessment of damages for private property
16taken, injured or destroyed under this chapter shall be as
17provided in 26 Pa.C.S. (relating to eminent domain).

18§ 2704. (Reserved).

19§ 2705. (Reserved).

20§ 2706. (Reserved).

21§ 2707. (Reserved).

22§ 2708. Recreation board or other authority.

23(a) Recreation board or other authority.--The authority to
24supervise and maintain recreation places may be vested in any
25existing body or board, including the council, or in a
26recreation board, as the council shall determine. The council of
27the borough may equip, operate and maintain the recreation
28places, as authorized by this chapter, and may, for the purpose
29of carrying out the provisions of this chapter, employ any
30officers or employees as it may deem proper.

1(b) (Reserved).

2(c) Joint recreation board.--Any borough may join or create,
3with one or more municipalities, a joint recreation board in
4accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to
5intergovernmental cooperation). The composition of the board and
6its powers and duties shall be as provided by agreement of the
7governing bodies of the municipalities.

8§ 2709. Establishment of recreation board.

9(a) Establishment.--If the council determines that the power
10to equip, operate and maintain recreation places shall be
11exercised by a recreation board, the council may, by ordinance,
12establish in the borough a recreation board which shall possess
13those powers and duties as may be delegated to it by ordinance.

14(b) Composition.--The board shall consist of a minimum of
15five and a maximum of nine persons. Two of the members may be
16members or appointees of the school board of the school district
17in which the borough is located. If the board consists of seven
18members, three of the members may be members or appointees of
19the school board. The borough members of the board shall be
20appointed by the council and shall serve terms not longer than
21five years. The terms of the members shall be staggered in a
22manner that at least one member's term expires annually.

23(c) Compensation.--Members of the board shall serve without
24pay.

25(d) Vacancies.--Vacancies in the board, occurring otherwise
26than by expiration of term, shall be filled for the unexpired
27term in the same manner as original appointments.

28§ 2710. Organization of board and employees.

29The members of a recreation board established under this 
30chapter shall elect their own chair and secretary and select all

1other necessary officers to serve for a period of one year. The
2recreation board may, with the approval of council, establish
3employment positions and hire employees to fill the approved
4positions. The board shall have power to adopt rules and
5regulations for the conduct of all business within its
6jurisdiction.

7§ 2711. (Reserved).

8§ 2712. (Reserved).

9§ 2713. Lease for school athletics.

10(a) Lease.--A borough maintaining a recreation place may
11lease a recreation place, or a portion of a recreation place,
12suitable for athletic sports and athletic games to any school
13board or school athletic association organized by a school board
14and organized for the purpose of conducting amateur athletic
15sports and games among pupils of the public school.

16(b) Admission charge.--The borough maintaining a recreation
17place may permit a school board or school athletic association
18to charge admission to sports and games and to deny persons
19refusing to pay admission access to the grounds where sports or
20games are being conducted, if sports and games are not conducted
21for individual profit.

22SUBCHAPTER B

23SHADE TREES

24Sec.

252720. Care, custody and control.

262720.1. Maintenance by borough and tax levy.

272720.2. Payment by owners and assessments.

282720.3. Notice of work.

292720.4. Penalties.

302721. Shade tree commission.

12722. Composition of commission.

22723. (Reserved).

32724. (Reserved).

42724.1. Duties of commission.

52725. (Reserved).

62726. (Reserved).

72727. (Reserved).

82728. (Reserved).

92729. (Reserved).

102730. (Reserved).

11§ 2720. Care, custody and control.

12(a) Council authority.--Council shall have exclusive care,
13custody and control of shade trees in the borough. Council may:

14(1) Plant, transplant, remove, maintain and protect
15shade trees on the streets and highways in the borough.

16(2) Employ and pay persons and make and enforce
17regulations as may be necessary for the care and protection
18of the shade trees of the borough.

19(b) Planting, transplanting or removal.--Council may, by
20ordinance, and with or without the petition of a majority of the
21property owners, upon any public street in the borough, plant,
22transplant or remove shade trees. Council may, with or without
23petition, require the planting and replanting of suitable shade
24trees along and upon the sides of the streets, upon alignment
25and at points as may be designated by ordinance, by the owners
26of property abutting the street at the points designated.

27(c) Limitation.--Nothing in this part may authorize council
28to plant or replant, or require the planting or replanting of,
29trees at any point which may interfere with the necessary or
30reasonable use of any street or abutting property or the

1business conducted on the property.

2(d) Assessment of costs.--On failure of any owner, after
3reasonable notice, to comply with the terms of an ordinance
4requiring the planting or replanting of shade trees, the borough
5may cause the trees to be planted or replanted and assess the
6cost against the owner in accordance with section 2720.2
7(relating to payment by owners and assessments).

8(e) Diseased plants, shrubs and trees.--Council may, upon
9notice as may be provided by ordinance, require owners of
10property to cut and remove plants, shrubs and trees afflicted
11with any disease that threatens to injure or destroy plants,
12shrubs and shade trees in the borough under regulations
13prescribed by ordinance. Upon failure of any owner to comply
14with the notice, the borough may cause the work to be done by
15the borough and assess the cost against the owner in accordance
16with section 2720.2.

17§ 2720.1. Maintenance by borough and tax levy.

18(a) Cost and expenses.--The cost and expenses of caring for
19shade trees after having been planted or transplanted and the
20expense of publishing any notice required by this subchapter
21shall be paid by the borough.

22(b) Tax levy or appropriation.--Council may levy a general
23tax, not to exceed the sum of one-tenth of one mill on the
24dollar on the assessed valuation of the property in the borough
25taxable for county purposes, for the purpose of defraying the
26cost and expenses of caring for the shade trees and the expense
27of publishing notices, or it may provide for the expense of the
28caring for trees already planted and of publishing the notice by
29appropriations.

30§ 2720.2. Payment by owners and assessments.

1(a) Payment by owners.--The cost of planting, transplanting
2or removing any shade trees or the necessary and suitable
3guards, curbing or grading for their protection and of the
4replacing of pavement or sidewalk necessarily disturbed in the
5execution of the work shall be paid by the owners of the real
6estate abutting the location of the work.

7(b) Assessment and collection.--In the event that the
8borough undertakes the work described in this section, costs
9shall be certified, assessed against the abutting owners and
10collected in accordance with Chapter 21A (relating to 
11assessments and charges for public improvements).

12§ 2720.3. Notice of work.

13If council proposes to plant, transplant or remove shade
14trees on any street, notice of the time and place of the meeting
15at which the work is to be considered shall be given in one
16newspaper of general circulation once a week for two weeks
17immediately preceding the time of the meeting. The notice shall
18specify in detail the streets or portions upon which trees are
19proposed to be planted, transplanted or removed. In the event
20that a shade tree commission is to undertake the work, the
21commission shall provide the notice.

22§ 2720.4. Penalties.

23(a) Penalties for violation.--To the extent provided by
24ordinance, council may assess penalties for the violation of
25regulations relating to shade trees or delegate the power to
26assess penalties to a shade tree commission. Any penalty
27assessed shall be a lien upon the real estate of the offender
28and may be collected as municipal claims are collected.

29(b) Separate fund.--All penalties or assessments imposed
30under this subchapter shall be paid to the borough treasurer, to

1be kept in a separate fund and utilized only for the purposes
2authorized by this subchapter.

3§ 2721. Shade tree commission.

4(a) Establishment.--Council by ordinance may establish a
5shade tree commission and delegate to the shade tree commission
6the exclusive care, custody and control of shade trees and
7authorization to plant, transplant, remove, maintain and protect
8shade trees on the streets and highways in the borough.

9(b) Commission authority.--The shade tree commission may
10make and enforce regulations for the care and protection of
11shade trees. No regulation may be in force until it has been
12approved by the council and enacted as an ordinance.

13(c) Park commission.--If in any borough there exists a
14commission for the care of public parks, the council may, by
15ordinance, confer on the park commission all the powers and all
16the duties prescribed by this chapter for a shade tree
17commission.

18§ 2722. Composition of commission.

19(a) General.--Except as provided in subsection (b), a shade
20tree commission shall be composed of three residents of the
21borough who shall be appointed by the council and shall serve
22without compensation.

23(b) Council option.--The council, by ordinance, may provide
24that a shade tree commission be composed of five members who
25shall be residents of the borough, shall be appointed by the
26council and shall serve without compensation.

27(c) Three-member commission.--If a shade tree commission of
28three members is established by any borough, the council shall
29appoint one member for a term of three years, one for a term of
30four years and one for a term of five years. On the expiration

1of the term of any commissioner, a successor shall be appointed
2by the council to serve for a term of five years.

3(d) Five-member commission.--If a shade tree commission of
4five members is established by any borough, the council shall
5appoint members to staggered terms so that one term expires
6every year. On the expiration of the term of any commissioner, a
7successor shall be appointed by the council to serve for a term
8of five years.

9(e) Vacancies.--Vacancies in the office of commissioner
10shall be filled by the council for the unexpired term.

11§ 2723. (Reserved).

12§ 2724. (Reserved).

13§ 2724.1. Duties of commission.

14(a) Annual report.--A shade tree commission shall annually
15report in full to the council its transactions and expenses for
16the last fiscal year of the borough.

17(b) Notice.--If a shade tree commission proposes to plant,
18transplant or remove shade trees on any street, notice of the
19time and place of the meeting at which the work is to be
20considered shall be given by the shade tree commission in
21accordance with section 2720.3 (relating to notice of work).

22(c) Certification of amounts required.--The shade tree
23commission shall each year certify to council an amount needed
24for the care of shade trees and for the publication of notices
25required by this subchapter. The shade tree commission shall use
26funds appropriated or raised by taxation in accordance with
27section 2720.1 (relating to maintenance by borough and tax levy)
28for any purpose authorized by council.

29(d) Certification of assessments.--The shade tree commission
30shall ascertain and certify to council and the borough treasurer

1the amount of any assessment imposed in accordance with this
2subchapter for the planting, transplanting or removal of plants,
3shrubs and trees.

4§ 2725. (Reserved).

5§ 2726. (Reserved).

6§ 2727. (Reserved).

7§ 2728. (Reserved).

8§ 2729. (Reserved).

9§ 2730. (Reserved).

10SUBCHAPTER C

11FORESTS

12Sec.

132751. Acquisition of land for forest purposes.

142752. (Reserved).

152753. Ordinance of acquisition.

162754. Appropriations.

172755. Regulations.

182756. Appropriations and revenue.

192757. Use of forests.

202758. Ordinance of sale.

212759. Pruning and thinning.

22§ 2751. Acquisition of land for forest purposes.

23A borough may acquire by purchase, gift or lease tracts of
24land covered with forest or tree growth or suitable for the
25growth of trees and administer the tracts in accordance with the
26practices and principles of scientific forestry, for the benefit
27of the borough. The tracts may be of any size suitable for the
28purpose and may be located within or without the borough limits.

29§ 2752. (Reserved).

30§ 2753. Ordinance of acquisition.

1If the council deems it expedient to acquire land for the
2purposes of a municipal forest, it shall enact an ordinance
3setting forth the facts and conditions relating to the proposed
4action.

5§ 2754. Appropriations.

6Money necessary for the purchase of the tracts shall be 
7appropriated in the same manner as appropriations for borough 
8purposes. Money may be provided from the current revenue or by 
9the proceeds of a sale of general obligation bonds in accordance 
10with existing law.

11§ 2755. Regulations.

12Upon the acquisition of a municipal forest or land suitable
13for a municipal forest, the council may promulgate regulations
14for the government and proper administration of the same as
15necessary to produce continuing borough revenue by the sale of
16forest products.

17§ 2756. Appropriations and revenue.

18Money necessary for the administration, maintenance,
19protection and development of forests shall be appropriated and
20applied as is now done for borough purposes. The revenue and
21return on the revenue arising from the forests shall be paid
22into the borough treasury to be used for general borough
23purposes.

24§ 2757. Use of forests.

25A municipal forest may be used by the public as general
26outing or recreation grounds subject to the regulations under
27section 2755 (relating to regulations).

28§ 2758. Ordinance of sale.

29(a) Requirement.--If the council deems it expedient to sell
30or lease a municipal forest, a part of a municipal forest or a

1product from a municipal forest, it shall enact an ordinance
2setting forth the facts and conditions relating to the proposed
3action.

4(b) Conditions.--In order to enact an ordinance under this
5section, there must be compliance with the advertising and
6bidding requirements of section 1201.1 (relating to real
7estate).

8§ 2759. Pruning and thinning.

9(a) Authority.--To comply with the practices and principles
10of scientific forestry, the council has the following powers:

11(1) To pass a resolution to prune or thin out a
12municipal forest or portion of a municipal forest.

13(2) To sell the products of the pruning or thinning out.

14(b) Personnel.--To carry out subsection (a), the borough may
15use its own personnel or contract with skilled personnel.

16(c) Bidding and advertising.--The bidding and advertising
17requirements of this part do not apply to any of the following:

18(1) Sales under subsection (a)(2).

19(2) Contracts under subsection (b).

20CHAPTER 28

21CEMETERIES

22Sec.

232800. Appropriations for burial ground maintenance.

242800.1. Burial of deceased persons.

252801. Management by cemetery commission.

262802. Transfer from borough to company.

272803. (Reserved).

282804. (Reserved).

292805. Transfer from company to borough.

302805.1. Neglected or abandoned cemeteries.

12806. (Reserved).

22807. (Reserved).

32808. Removing bodies to alter plots.

42809. Removal of bodies to other cemeteries.

52810. (Reserved).

62811. (Reserved).

72812. (Reserved).

82813. (Reserved).

92814. (Reserved).

102815. (Reserved).

112816. Purchase of plots for burial of deceased service members.

12§ 2800. Appropriations for burial ground maintenance.

13A borough may appropriate annually, out of the general funds
14of the borough, a sum for the care, upkeep, maintenance and
15beautifying of:

16(1) cemeteries and burial grounds lying wholly or partly
17within the boundary limits of the borough or in the territory
18immediately adjacent to the borough; and

19(2) private roads in or leading to property under
20paragraph (1).

21§ 2800.1. Burial of deceased persons.

22A borough may prohibit the burial or interment of deceased
23persons anywhere within borough limits.

24§ 2801. Management by cemetery commission.

25If the title and management of a cemetery is vested in a
26borough, the council may, by ordinance, vest the care,
27management and operation of the cemetery in a cemetery
28commission of three citizens to be appointed by the council. The
29ordinance shall provide for the terms of the cemetery
30commissioners.

1§ 2802. Transfer from borough to company.

2(a) Authority.--Upon petition of at least 10% of living
3cemetery lot owners, the council may transfer the cemetery and
4its management to an incorporated cemetery company.

5(b) Procedure.--Upon presentation of a petition under
6subsection (a), the council may enact an ordinance declaring
7that, upon the acceptance of the ordinance by the incorporated
8cemetery company and filed with the borough secretary, the title
9and control of the cemetery shall vest in the incorporated
10cemetery company.

11(c) Recording.--A copy of the ordinance and the acceptance
12by the incorporated cemetery company, certified by the borough
13secretary, shall be recorded in the office of the recorder of
14deeds of the county.

15§ 2803. (Reserved).

16§ 2804. (Reserved).

17§ 2805. Transfer from company to borough.

18(a) Judicial action.--

19(1) Upon the petition of an incorporated cemetery
20company and the owners of a majority of the taxable real
21estate in the borough, the court of common pleas may
22authorize the transfer of a cemetery to the borough where the
23cemetery is located or is adjacent to the borough.

24(2) A copy of the court order under paragraph (1) shall
25be filed with the recorder of deeds.

26(b) Cost.--The transfer shall be made without cost to the
27borough.

28(c) Effect.--Upon transfer, the following apply:

29(1) The borough shall exercise the powers and privileges
30of the incorporated company.

1(2) The borough may do all of the following:

2(i) Purchase up to 30 acres of land within or
3adjacent to the borough limits for the extension of the
4cemetery;

5(ii) Pay for the purchase under subparagraph (i) by:

6(A) sale of lots or otherwise; or

7(B) any means other than taxation.

8(iii) Lay out lots purchased and alter the original
9plot of the cemetery.

10(iv) Dispose of the grounds in the same manner as
11the incorporated company could have done.

12(d) Deeds.--

13(1) A deed for a lot, made by the borough, shall have
14the same validity as the deed of the incorporated cemetery
15company.

16(2) The borough may make a deed to a person that, prior
17to transfer under this section:

18(i) purchased a lot; but

19(ii) did not receive a deed.

20§ 2805.1. Neglected or abandoned cemeteries.

21(a) Maintenance.--The council may, upon compliance with
22subsection (b), direct the removal of weeds, refuse and debris
23from an abandoned or neglected cemetery.

24(b) Notice.--

25(1) To exercise the power under subsection (a), the
26council must give notice to the owner directing the removal
27of weeds, refuse and debris from the cemetery within 30 days
28of service under paragraph (2).

29(2) Notice must be effected by any of the following
30means:

1(i) Personal service on the owner.

2(ii) Certified mail, addressee only, return receipt
3requested, to the owner at the owner's last known
4address.

5(iii) After reasonable attempts to give notice under
6subparagraph (i) or (ii) have failed, posting notice at
7or upon the property.

8(c) Action.--

9(1) If the removal is not completed within 30 days after
10the notice is effected under subsection (b)(2), the council
11shall provide for the removal to be done by employees of the
12borough or by a contractor at the expense of the borough.

13(2) The costs of removal under paragraph (1) shall be 
14assessed against the owner of the cemetery and collected 
15under Chapter 21A (relating to assessments and charges for 
16public improvements).

17§ 2806. (Reserved).

18§ 2807. (Reserved).

19§ 2808. Removing bodies to alter plots.

20In altering the plot of a cemetery, bodies may be removed and
21reinterred in a suitable place but without cost to surviving
22relatives.

23§ 2809. Removal of bodies to other cemeteries.

24(a) Authority.--

25(1) This subsection applies to a privately owned
26cemetery, a borough-owned cemetery or a cemetery affiliated
27with a religious society or church or any other organization,
28when the cemetery:

29(i) has ceased to be used for interments;

30(ii) has become so neglected as to become a public

1nuisance;

2(iii) hinders the improvement and progressive
3interests of the borough; or

4(iv) is desired by the borough as a site for any
5public purpose.

6(2) The court of common pleas may, upon compliance with
7subsection (b), direct the removal of the remains of the dead
8from a cemetery.

9(b) Procedure.--

10(1) A petition under this section must be made to the
11court by any of the following:

12(i) The manager of the cemetery in charge of a
13religious society or church or an other organization. The
14following are required to utilize this subparagraph:

15(A) Public notice of a meeting of the entity on
16the petition must be given two weeks before the
17meeting.

18(B) At the meeting, a majority of the members of
19the entity must approve the petition.

20(C) The petition must set forth that the
21cemetery has ceased to be used for interments.

22(ii) If the cemetery is not under the charge of
23anyone, 50 residents of the borough. A petition under
24this subparagraph must set forth that the improvements
25and progressive interests of the borough are hampered and
26the welfare of the borough is injured by the presence of
27the cemetery.

28(iii) The council. A petition under this
29subparagraph must set forth that:

30(A) the cemetery has become so neglected as to

1become a public nuisance;

2(B) the improvements and progressive interests
3of the borough are hampered and the welfare of the
4borough is injured by the presence of the cemetery;
5or

6(C) the land is desired for a public purpose.

7(2) Notice must be given by advertisement in a newspaper
8of general circulation once a week for three successive
9weeks.

10(c) Private action.--A relative of the deceased individual
11subject to removal or another interested party of the dead may,
12prior to action under subsection (d), remove the remains at
13private expense.

14(d) Public action.--

15(1) The removal shall be made by:

16(i) the manager of the cemetery;

17(ii) the borough if the cemetery is:

18(A) not in charge of a manager; or

19(B) owned by the borough.

20(2) The removal shall be made at the expense of the
21removing party in a careful manner.

22(3) The removal shall be made:

23(i) except as set forth in subparagraph (ii), to a
24cemetery selected by the person that makes the removal;
25or

26(ii) upon request of a relative of the deceased
27individual subject to removal or another interested
28party, to a designated cemetery in the vicinity.

29(4) Each body removed shall be placed in a separate
30casket and grave, and the marker over the remains of the body

1shall be placed as near as possible in the same relative
2position as before removal.

3(e) Effect.--After the removal of all dead bodies from a
4cemetery, the land shall cease to be a cemetery or burial ground
5and may be acquired by the borough as other real estate is
6acquired for borough purposes.

7§ 2810. (Reserved).

8§ 2811. (Reserved).

9§ 2812. (Reserved).

10§ 2813. (Reserved).

11§ 2814. (Reserved).

12§ 2815. (Reserved).

13§ 2816. Purchase of plots for burial of deceased service
14members.

15(a) Authority.--A borough may purchase plots of ground in a
16cemetery or burial ground within its limits for the interment of
17deceased members of the armed forces who:

18(1) die within the borough or have a legal residence
19within the borough at the time of death; and

20(2) are entitled to be buried by the county under the
21provisions of existing law.

22(b) Cost.--Plots purchased under this section shall be paid
23for out of the borough treasury.

24CHAPTER 29

25LICENSES AND LICENSE FEES

26Sec.

272901. Licensing transient retail business.

282902. Licensure saved.

292903. Licensing parking lots and parking garages operated for
30profit.

12904. Persons taking orders by samples.

22905. Equality of residents and nonresidents.

32906. Insurance business.

4§ 2901. Licensing transient retail business.

5(a) Authority.--A borough may, by ordinance, regulate and
6license transient merchants engaged in any transient retail
7business within the borough.

8(b) Licensure.--The following shall apply:

9(1) An ordinance under this section may prohibit the
10transient retail business without a license and provide for
11enforcement by penalties or other appropriate means.

12(2) Except as set forth in paragraph (3), an ordinance
13under this section may set a license fee which bears a
14reasonable relationship to the cost of administering the
15ordinance and regulating and inspecting the transient retail
16business.

17(3) Paragraph (2) does not apply as follows:

18(i) Except as set forth in paragraph (ii), the 
19ordinance may not impose a license fee on the following
20transient merchants:

21(A) A farmer selling the farmer's own produce.

22(B) A person selling personal property if the
23proceeds of the sale are to be applied to a
24charitable or philanthropic purpose.

25(C) A manufacturer or producer in the sale of
26any of the following:

27(I) Bread. This subclause includes a bakery
28product.

29(II) Meat. This subclause includes a meat
30product.

1(III) Milk. This subclause includes a milk
2product. This subclause does not include ice
3cream or another frozen dessert.

4(ii) The exception under this paragraph does not
5apply to a transient merchant that is also selling other
6personal property not excepted under subparagraph (i).

7(c) Registration.--An ordinance under this section may
8require that a transient merchant exempt under subsection (b)(2)
9register with the borough and otherwise be subject to all other
10provisions of the ordinance.

11(d) Definition.--As used in this section, the term
12"transient merchant" means a person engaged in transient retail
13business for the sale of personal property, whether the business
14is conducted from a fixed location within the borough or by an
15individual engaged in peddling, soliciting or the taking of
16orders from house to house.

17§ 2902. Licensure saved.

18(a) Commonwealth.--Nothing contained in this chapter shall
19be construed to relieve a person from a statutorily imposed:

20(1) licensure requirement;

21(2) license tax; or

22(3) license fee.

23(b) Boroughs.--A Commonwealth license tax or fee shall not
24preempt the registration, licensing or regulatory powers of a
25borough in accordance with this chapter unless the preemption is
26expressly authorized.

27§ 2903. Licensing parking lots and parking garages operated for 
28profit.

29(a) Authority.--

30(1) A borough may, by ordinance, regulate the business
 

1of operating parking lots or parking garages for profit 
2within the borough and may require the lots or garages to 
3reserve areas exclusively for parking by handicapped 
4individuals. Under the ordinance:

5(i) License or permit fees may be charged and
6collected from the operators of the parking lots or
7parking garages.

8(ii) Security is subject to the following:

9(A) Except as set forth in clause (B), the
10borough shall require from each operator of a parking
11lot or parking garage a bond to be approved by the
12council for the protection of the public from loss of
13or damage to vehicles parked, stored or placed under
14the jurisdiction of a parking lot or parking garage
15operator.

16(B) Clause (A) shall not apply to parking lots
17or parking garages operated by a municipal authority
18or a parking authority.

19(2) An ordinance under paragraph (1) must be consistent 
20with 75 Pa.C.S. (relating to vehicles).

21(b) Individuals with disabilities.--Nothing in this section 
22may be construed to limit statutory and regulatory protections 
23and prohibitions contained relating to the rights of disabled 
24individuals.

25§ 2904. Persons taking orders by samples.

26(a) Prohibition.--A borough may not impose, levy or collect
27a license fee or mercantile tax upon a person that takes, by
28sample, from a dealer or merchant an order for merchandise on
29behalf of an individual or company that pays a license fee or
30mercantile tax at the individual's or company's chief place of

1business.

2(b) Limitation.--Nothing in this section shall authorize a
3person to sell by retail to a person other than a dealer or
4merchant without payment of a license or permit fee.

5§ 2905. Equality of residents and nonresidents.

6A borough may not enact an ordinance imposing a license fee
7upon a manufacturer, including an agent and employee, that is a
8resident of this Commonwealth and solicits orders for or sells
9personal property manufactured in this Commonwealth if the
10borough could not legally impose the same license fee upon a
11manufacturer, including an agent and employee, that is a
12nonresident of this Commonwealth and solicits orders for or
13sells personal property manufactured outside this Commonwealth.

14§ 2906. Insurance business.

15A borough may not impose a license fee upon an insurance
16company, including an agent, or an insurance broker authorized
17to transact business under the act of May 17, 1921 (P.L.682,
18No.284), known as The Insurance Company Law of 1921.

19CHAPTER 29A

20VETERANS' AFFAIRS

21Subchapter

22A. Pennsylvania National Guard

23B. Support of Veterans' Organizations

24SUBCHAPTER A

25PENNSYLVANIA NATIONAL GUARD

26Sec.

2729A01. Eminent domain for National Guard purposes.

2829A02. Land for armory purposes.

2929A03. Appropriation to assist in erection of armories.

3029A04. Support of Pennsylvania National Guard units.

1§ 29A01. Eminent domain for National Guard purposes.

2(a) Authority.--Except as set forth in subsection (b), the
3council may take, by right of eminent domain, for the purpose of
4appropriating to the borough for the use of the Pennsylvania
5National Guard, public lands, easements and property as may be
6in its possession or control and used or held by the borough for
7any other purpose.

8(b) Exception.--Eminent domain may not be exercised as to a
9street or wharf.

10§ 29A02. Land for armory purposes.

11(a) Authority.--Except as set forth in subsection (b), the
12council may acquire, by purchase or by gift or by the right of
13eminent domain, land for the use of the Pennsylvania National
14Guard, to be conveyed to the Commonwealth in order to assist the
15State Armory Board in the erection of armories.

16(b) Exception.--The power under subsection (a) may not be
17exercised to take any of the following:

18(1) Church property.

19(2) A graveyard or cemetery.

20(3) A dwelling house or the curtilage of property:

21(i) designated in paragraph (1) or (2); and

22(ii) in the actual occupancy of the owner.

23§ 29A03. Appropriation to assist in erection of armories.

24The council has the following powers:

25(1) To appropriate money or convey land, either
26independently or in conjunction with another municipality,
27to:

28(i) assist the State Armory Board in the erection of
29armories for the use of the Pennsylvania National Guard;
30and

1(ii) furnish water, sewer service, light or fuel
2free of cost to the Commonwealth for use in any armory of
3the Pennsylvania National Guard.

4(2) To do all things necessary to accomplish the purpose 
5of this section.

6§ 29A04. Support of Pennsylvania National Guard units.

7(a) Appropriation.--The council may appropriate annually a
8sum to be used and expended exclusively for the support and
9maintenance, discipline and training of a unit of the
10Pennsylvania National Guard.

11(b) Payment.--

12(1) The money appropriated shall be paid by warrant 
13drawn to the order of the commanding officer of the unit upon 
14certification to the borough, by the Adjutant General, that 
15the unit has satisfactorily passed the annual inspection 
16provided by law.

17(2) The commanding officer shall account, by proper
18vouchers to the borough each year, for the expenditure of the
19money appropriated. No appropriation shall be made for any
20subsequent year until the expenditure of the previous year is
21accounted for. The accounts of the expenditures shall be
22subject to the inspection of the Department of Military and
23Veterans Affairs and shall be audited by the Auditor General
24in accordance with law.

25SUBCHAPTER B

26SUPPORT OF VETERANS' ORGANIZATIONS

27Sec.

2829A11. Appropriations to organizations and American Gold Star
29Mothers, Inc.

3029A12. Payment of rent for meetings.

129A13. Rooms for veterans' organizations and children.

229A14. Care and erection of memorials.

3§ 29A11. Appropriations to organizations and American Gold Star 
4Mothers, Inc.

5(a) Appropriation.--

6(1) The council may appropriate annually money to aid in
7defraying the expenses of Memorial Day, Veterans' Day or a
8similar day provided for by Federal or State law.

9(2) The appropriation shall be divided in amounts as
10council deems proper to:

11(i) an organization composed of veterans of a war in
12which the United States was engaged; and

13(ii) American Gold Star Mothers, Inc.

14(3) The money shall be appropriated to defray actual
15expenses only.

16(b) Payment.--Before payment is made, the organization
17receiving the appropriation must submit verified accounts of its
18expenditures.

19§ 29A12. Payment of rent for meetings.

20The council may appropriate annually a sum to an
21incorporated organization of American veterans of a war in which
22the United States was engaged, to be used in the payment of the
23rent for a facility in which the organization has its regular
24meetings.

25§ 29A13. Rooms for veterans' organizations and children.

26The council may furnish without charge to an organization 
27composed of American veterans of a war in which the United 
28States was engaged and children of the veterans a room in a 
29public building of the borough.

30§ 29A14. Care and erection of memorials.

1(a) Authority.--The council may control and maintain a
2soldier's memorial which is:

3(1) situated in the borough;

4(2) not controlled and maintained by an individual or
5entity; and

6(3) not placed by the Federal Government, the
7Commonwealth, the county or another state.

8(b) Funding.--The council may receive and expend any money 
9to be used for the maintenance of the memorials.

10(c) Contributions.--The council may contribute to the
11erection and maintenance of a memorial in honor of those who
12served in a war in which the United States was engaged.

13CHAPTER 30

14REAL ESTATE REGISTRY

15(RESERVED)

16CHAPTER 31

17HEALTH AND SANITATION

18Sec.

193100. Definitions.

203101. Administration.

213102. Board.

223103. Oaths, officers and security.

233104. Duties of board secretary.

243105. Powers and duties of health officer.

253106. Powers and duties of board.

263107. Entry upon premises.

273108. Abatement of nuisances.

283109. Expenditures.

293110. Cooperation.

303111. Department.

13112. (Reserved).

23113. (Reserved).

33114. (Reserved).

4§ 3100. Definitions.

5The following words and phrases when used in this chapter
6shall have the meanings given to them in this section unless the
7context clearly indicates otherwise:

8"Board." A board of health established under section 3101(a)
9(relating to administration).

10"Board secretary." The secretary of a board.

11"Department." The Department of Health of the Commonwealth.

12"Health officer." An individual appointed under section
133101(a) (relating to administration) or 3103(b)(1)(iii)
14(relating to oaths, officers and security).

15"Professional health care provider." An individual who is
16licensed, certified or registered to practice or operate in the
17health care field under the laws of this Commonwealth. The term
18includes:

19(1) A physician.

20(2) A dentist.

21(3) A podiatrist.

22(4) A chiropractor.

23(5) An optometrist.

24(6) A psychologist.

25(7) A pharmacist.

26(8) A registered or practical nurse.

27(9) A physical therapist.

28(10) A physician's assistant.

29(11) A paramedic.

30(12) An administrator of any hospital, nursing or

1convalescent home or other health care facility.

2(13) A veterinarian.

3§ 3101. Administration.

4(a) Establishment.--The council may, by ordinance, appoint a
5board of health or a health officer to administer and enforce
6the health ordinances and related ordinances of the borough. A
7health officer must have experience or training in public health
8work and must, within six months of taking the oath of office,
9be certified for the office of health officer by the department.

10(b) Expenses.--Expenses incurred by the board or a health
11officer shall be paid by the borough.

12(c) Dissolution.--A borough may, by ordinance, dissolve a
13board and decide to become subject to the jurisdiction of a
14county department of health or joint county department of health
15under the act of August 24, 1951 (P.L.1304, No.315), known as
16the Local Health Administration Law.

17§ 3102. Board.

18(a) Membership.--

19(1) A board appointed by a council shall be composed of
20three or five members, subject to the following:

21(i) Except as set forth in subparagraph (ii), at
22least one member must be a professional health care
23provider with not less than two years' experience in the
24practice of the member's respective profession.

25(ii) If subparagraph (i) cannot be met, at least one
26member must have had experience in or be knowledgeable of
27public health issues.

28(b) Terms.--

29(1) Initial terms shall be staggered as follows:

30(i) For a three-member board:

1(A) one member shall serve a term of one year;

2(B) one member shall serve a term of two years;
3and

4(C) one member shall serve a term of three
5years.

6(ii) For a five-member board:

7(A) one member shall serve a term of one year;

8(B) one member shall serve a term of two years;

9(C) one member shall serve a term of three
10years;

11(D) one member shall serve a term of four years;
12and

13(E) one member shall serve a term of five years.

14(2) Subsequent terms shall be staggered as follows:

15(i) For a three-member board, a subsequent term
16shall be three years.

17(ii) For a five-member board, a subsequent term
18shall be five years.

19(c) Compensation.--

20(1) Except as set forth in paragraph (2), the members of
21the board shall serve without compensation.

22(2) Paragraph (1) shall not apply to a member of the
23board who is elected board secretary under section 3103(b)(2)
24(relating to oaths, officers and security).

25§ 3103. Oaths, officers and security.

26(a) Oath of office.--A member of the board must take the
27oath prescribed for borough members of council.

28(b) Officers.--

29(1) The board shall annually organize by electing:

30(i) a president from among the members of the board;

1(ii) a board secretary who may or may not be a
2member of the board; and

3(iii) a health officer.

4(2) The board secretary and the health officer shall
5receive salaries fixed by the board and ratified by the
6council.

7(3) The board secretary and health officer shall serve
8until a successor is elected and qualified.

9(c) Security.--The council may require the board secretary
10and health officer to furnish a bond to the borough in a
11prescribed amount for the faithful discharge of their duties.

12§ 3104. Duties of board secretary.

13The board secretary has the following duties:

14(1) To maintain, under 53 Pa.C.S. Ch. 13 Subch. F
15(relating to records), the minutes of the proceedings of the
16board and keep accurate accounts of the expenditures of the
17board.

18(2) To draw requisitions for the payment of money on
19account of the board from appropriations made by the council
20to the board and present the requisitions to the president of
21the board for the president's approval.

22(3) To render statements of the expenditures to the
23board at each stated meeting or as frequently as the board
24requires.

25(4) To prepare, under the direction of the board, the
26annual report to the council and the estimate of
27appropriation needed for the ensuing year.

28(5) To report to the department at statutory or
29regulatory intervals the cases of communicable disease
30reported to the board on the form provided by the department

1and make an annual report to the department.

2(6) To perform other duties required by the board.

3§ 3105. Powers and duties of health officer.

4(a) Powers.--A health officer may issue a citation for
5violation of a health ordinance or related law.

6(b) Duties.--A health officer has the following duties:

7(1) Administer and enforce the health ordinances of the
8borough and related law.

9(2) Perform the duties as are vested in local health
10officers by Statute or regulation.

11(3) Make sanitary inspections.

12(4) Execute the orders of the board.

13(5) To attend all regular and special meetings of the
14board of health.

15§ 3106. Powers and duties of board.

16(a) Powers.--A board has the following powers to:

17(1) Recommend to the council rules and regulations
18necessary for the preservation of the public health and for
19carrying into effect the functions of the board.

20(2) Appoint a health officer. A health officer must have
21experience or training in public health work and must, within
22six months of taking the oath of office, be certified for the
23office of health officer by the department.

24(3) Abate and remove nuisances the board deems
25detrimental to the public health.

26(4) Mark infected premises.

27(b) Duties.--A board has the duty to enforce all of the
28following related to promotion of public health and prevention
29of the introduction and spread of infectious or contagious
30disease:

1(1) A statute.

2(2) A regulation of the department.

3(3) An ordinance of the borough.

4§ 3107. Entry upon premises.

5(a) Authority.--

6(1) This subsection applies to all of the following:

7(i) A member of a board.

8(ii) A health officer.

9(iii) An employee of a board or a health officer.

10(iv) An agent of a board or health officer.

11(2) An individual subject to paragraph (1) may, upon
12order of the board:

13(i) enter premises in the borough where an
14infectious or contagious disease or a nuisance
15detrimental to the public health is suspected; and

16(ii) examine and abate the disease or nuisance.

17(b) Warrant.--If entry under subsection (a)(2)(i) is
18prevented, the board of health or health officer may obtain an
19administrative search warrant from a magisterial district judge
20with jurisdiction over the premises upon a showing of any of the
21following:

22(1) Reasonable standards and an administrative plan for
23conducting inspections.

24(2) The condition of the premises or general area and
25the passage of time since the last inspection.

26(3) Probable cause of a violation of a law specified in
27section 3106(b) (relating to powers and duties of board).

28§ 3108. Abatement of nuisances.

29(a) Initial order.--If the board finds a condition or
30premises to be a nuisance to the health of the people of the

1borough, it shall issue a written order of abatement directed to
2the owner or agent of the owner of the premises. The order
3shall:

4(1) state that the conditions specified in the premises
5constitute the nuisance; and

6(2) order an abatement of the nuisance within a
7specified reasonable time.

8(b) Subsequent order.--

9(1) Upon noncompliance of the order under subsection
10(a), the board shall issue a written order to the health
11officer directing removal or abatement of the nuisance.

12(2) An order under paragraph (1) shall be executed by
13the health officer or an agent of the health officer.

14(3) The expense of execution under paragraph (2) shall
15be recoverable as a municipal claim from the owner of the
16premises, with a 10% penalty.

17(c) Legal action.--In lieu of or in addition to the
18procedure under subsections (a) and (b), council may seek relief
19from a nuisance or threatened nuisance by an action at law or in
20equity. Council may seek guidance of the board or the health
21officer in determining the nature of the relief requested.

22§ 3109. Expenditures.

23(a) Estimate.--The board or the health officer shall submit
24to council, before commencement of the borough's fiscal year, an
25estimate of the probable expenditures of the board or the health
26officer during the ensuing fiscal year.

27(b) Appropriation.--Council shall make appropriations based
28on the estimate as deemed necessary.

29(c) Report.--The board or the health officer shall, each
30January, submit a report to council on:

1(1) the appropriation and the expenditures for the
2preceding fiscal year; and

3(2) information on subjects relative to the sanitary
4conditions or requirements of the borough.

5§ 3110. Cooperation.

6A borough may cooperate in the administration and enforcement
7of health laws with:

8(1) the department;

9(2) a county in which the borough is located; and

10(3) a municipal corporation.

11§ 3111. Department.

12(a) No limitation.--Nothing in this part may be construed
13to limit the powers and duties of the department, including the
14powers and duties under Article XXI of the act of April 9, 1929
15(P.L.177, No.175), known as The Administrative Code of 1929.

16(b) Expenses.--

17(1) Expenses of the department for which the borough is
18liable shall be paid by the borough where the expenses have
19been incurred.

20(2) If expenses under paragraph (1) are unpaid for a
21period of more than three months after a statement of the
22expense has been rendered to the borough and demand for
23payment is made, the Secretary of Health shall, with the
24approval of the Governor, institute an action against the
25borough for the collection of the expense. The reasonableness
26of the expenditures made by the secretary shall be submitted
27to the jury for its determination.

28(3) Upon payment, the department shall return the money
29to the State Treasurer, who shall credit the amount to the
30appropriation made to the department.

1§ 3112. (Reserved).

2§ 3113. (Reserved).

3§ 3114. (Reserved).

4CHAPTER 32

5ZONING

6(Reserved)

7CHAPTER 32A

8UNIFORM CONSTRUCTION CODE, PROPERTY

9MAINTENANCE CODE AND RESERVED POWERS

10Sec.

1132A01. Primacy of Uniform Construction Code.

1232A02. Changes in Uniform Construction Code.

1332A03. Public nuisance.

1432A04. Property maintenance code.

1532A05. Reserved powers.

16§ 32A01. Primacy of Uniform Construction Code.

17(a) General rule.--The following shall apply to the
18construction, alteration, repair and occupancy of all buildings
19and structures within a borough:

20(1) The Pennsylvania Construction Code.

21(2) The Uniform Construction Code adopted under section
22301 of the Pennsylvania Construction Code.

23(b) Primacy.--This section and any ordinance, rule or
24regulation adopted under this section shall not supersede or
25abrogate the Pennsylvania Construction Code or the Uniform
26Construction Code and shall be construed and read in pari
27materia with the Pennsylvania Construction Code and the Uniform
28Construction Code.

29§ 32A02. Changes in Uniform Construction Code.

30A borough may propose and enact an ordinance to equal or

1exceed the minimum requirements of the Uniform Construction Code
2in accordance with section 503 of the Pennsylvania Construction
3Code. Any ordinance exceeding the provisions of the Uniform
4Construction Code shall be required to meet the standards under
5section 503(j)(2) of the Pennsylvania Construction Code.

6§ 32A03. Public nuisance.

7(a) Abatement.--Except as provided under subsection (b), any
8building, housing or property or a part of any building, housing
9or property erected, altered, extended, reconstructed, removed
10or maintained, contrary to the provisions of an ordinance passed
11for the purposes specified under this chapter, may be declared,
12by a court of law, a public nuisance and may be abatable.

13(b) Exception.--A violation of the Uniform Construction Code
14or any ordinance that equals or exceeds the Uniform Construction
15Code shall be subject to the Pennsylvania Construction Code and
16the regulations adopted under the Pennsylvania Construction Code
17Act relating to enforcement for noncompliance.

18§ 32A04. Property maintenance code.

19(a) Enactment.--Notwithstanding the primacy of the Uniform
20Construction Code, a borough may enact one of the following:

21(1) A property maintenance ordinance and may incorporate
22a standard or nationally recognized property maintenance
23code, or any variations or changes or parts of the code,
24published and printed in book form, without incorporating the
25text of the code in the ordinance.

26(2) A standard or nationally recognized property
27maintenance code or any variations or changes or parts as its
28property maintenance ordinance.

29(a.1) Notice.--The following shall apply:

30(1) An ordinance or any variations or changes or parts

1under subsection (a) shall not be required to be advertised
2after passage. Notice of the consideration of an ordinance or
3any variations or changes or parts under subsection (a) shall
4be published in a manner that will give adequate notice of
5its contents and a reference to the place within the borough
6where copies of the proposed property maintenance code may be
7examined or obtained.

8(2) The notice required under paragraph (1) shall be
9published once in one newspaper of general circulation at
10least one week and not more than three weeks prior to the
11presentation of the proposed property maintenance code to
12council.

13(a.2) Inspection.--At least three copies of the ordinance
14adopted by council:

15(1) shall be made available:

16(i) for public inspection and use during business
17hours; or

18(ii) to any interested party who pays the cost of
19copying; or

20(2) may be furnished or lent without charge.

21(a.3) A property maintenance code adopted by reference
22shall:

23(1) not be required to be recorded in or attached to an
24ordinance book; and

25(2) be deemed to have been legally recorded if the
26ordinance by which the code was adopted by reference has been
27recorded with an accompanying notation stating where the full
28text of the code has been filed.

29(a.4) Fines and penalties.--An ordinance under this section
30may provide for reasonable property fines and penalties for

1violations of the ordinance.

2(a.5) Procedure.--The procedure under this section relating
3to the adoption of an ordinance under this section may be used
4in amending, supplementing or repealing any of the provisions of
5the ordinance.

6(b) Property maintenance inspectors.--Council may appoint
7property maintenance inspectors who may enter, subject to
8constitutional standards in a similar manner as provided under
9section 3107 (relating to entry upon premises), and inspect any
10premises at reasonable hours and in a reasonable manner for the
11administration and enforcement of the borough's property
12maintenance code or ordinance under subsection (a). Any fees
13payable to property maintenance inspectors under the ordinance
14shall be paid by the property maintenance inspectors as soon as
15possible to the borough treasurer for the use of the borough.

16(c) Legal actions.--In addition to the penalties provided by
17a property maintenance ordinance, a borough may institute
18appropriate actions or proceedings at law or in equity to
19prevent or restrain property maintenance violations.

20(d) Construction.--The powers of a borough under this
21section shall be in addition to the powers provided under the
22following:

23(1) The act of November 26, 2008 (P.L.1672, No.135),
24known as the Abandoned and Blighted Property Conservatorship
25Act.

26(2) 53 Pa.C.S. Ch. 61 (relating to neighborhood blight
27reclamation and revitalization).

28(3) 68 Pa.C.S. Ch. 21 (relating to land banks).

29§ 32A05. Reserved powers.

30(a) Power.--If, as a result of legislative action or final

1order of court which is not subject to appellate review, the
2Uniform Construction Code or any replacement code is no longer
3applicable in boroughs, a borough may:

4(1) Enact and enforce ordinances to govern and regulate
5the following in relation to a building and housing, parts of
6a building and housing or a facility and service in or about
7a building or housing:

8(i) Construction, reconstruction, alteration,
9extension, repair and conversion.

10(ii) Maintenance.

11(iii) Occupation.

12(iv) Sanitation.

13(v) Ventilation, heating, egress, lighting,
14electrical wiring, water supply, toilet facilities,
15drainage, plumbing, fire prevention and fireproofing,
16including limitations under which only buildings of
17noncombustible material and fireproofed roofs are used in
18construction.

19(vi) Erection or substantial reconstruction.

20(vii) Use and inspection.

21(viii) Sanitation and inspection of land attached to
22a building or housing.

23(2) Require that the approval of plans and
24specifications are secured before construction,
25reconstruction, alteration, extension, repair or conversion
26of a building is started.

27(3) Appoint and determine the compensation of the
28following:

29(i) Building inspectors.

30(ii) Housing inspectors.

1(iii) Property maintenance inspectors.

2(iv) Fire prevention inspectors.

3(v) Electrical inspectors.

4(vi) Plumbing inspectors.

5(4) In addition to penalties provided by an ordinance,
6institute actions to do any of the following:

7(i) Prevent or restrain the unlawful construction,
8reconstruction, alteration, extension, repair,
9conversion, maintenance, use or occupation of property
10located within the borough.

11(ii) Restrain, correct or abate a violation.

12(iii) Prevent the use or occupancy of a building,
13housing or structure.

14(b) Codes.--The following shall apply:

15(1) A code under subsection (a)(1) may be combined or
16separately enacted or combined with a property maintenance
17code.

18(2) A borough may adopt, amend or incorporate by
19reference any standard or nationally recognized code or any
20variations or changes or parts of the code as its ordinance
21as provided under section 32A04 (relating to property
22maintenance code).

23(3) An ordinance under subsection (a)(1) may provide for
24reasonable fines and penalties for violations of the
25ordinance in compliance with Chapter 33 (relating to
26ordinances).

27(c) Inspectors.--An inspector under subsection (a)(3) may
28enter, subject to constitutional standards in a similar manner
29as provided under section 3107 (relating to entry upon
30premises), and inspect a premises at reasonable hours and in a

1reasonable manner for the administration and enforcement of the
2borough's adopted codes or ordinances incorporating standard or
3nationally recognized codes. Any fees payable to inspectors
4under the ordinances shall be paid by the inspectors as soon as
5possible to the borough treasurer for the use of the borough.

6CHAPTER 33

7ORDINANCES

8Subchapter

9A. General Provisions

10B. Enforcement

11SUBCHAPTER A

12GENERAL PROVISIONS

13Sec.

143301.1. Ordinances and resolutions.

153301.2. Publication.

163301.3. Enactment, approval and veto.

173301.4. Recording, advertising and proof.

183301.5. Codification of ordinances.

193301.6. Appeals from ordinances.

203301.7. Replacement of ordinance books.

213302. (Reserved).

223303. (Reserved).

233304. (Reserved).

243305. (Reserved).

253306. (Reserved).

263307. (Reserved).

273308. (Reserved).

283309. (Reserved).

29§ 3301.1. Ordinances and resolutions.

30(a) General rule.--Council shall enact ordinances in

1accordance with this part and the laws of this Commonwealth in
2which the powers of the borough shall be exercised as deemed
3beneficial to the borough and to provide for the enforcement of
4the powers of the borough. Council may amend, repeal or revise
5existing ordinances by the enactment of subsequent ordinances.

6(b) Legislative acts.--Every legislative act of council must
7be by ordinance. Legislative acts shall include, but not be 
8limited to:

9(1) Tax ordinances.

10(2) General appropriation ordinances.

11(3) Capital expenditures not payable out of current
12funds

13(4) Legislation doing any of the following:

14(i) Exercising the police power of the borough.

15(ii) Regulating land use, development and
16subdivision.

17(iii) Imposing building, plumbing, electrical,
18property maintenance, housing and similar standards.

19(iv) Regulating the conduct of a person or entity
20within the borough and imposing penalties for violation
21of the regulated conduct.

22(5) Imposing assessments on benefited property for
23public improvements in accordance with Chapter 21A (relating
24to assessments and charges for public improvements).

25(c) Resolutions.--Council shall adopt resolutions in
26accordance with this part and the laws of this Commonwealth.
27Resolutions may be adopted for any purpose, including but not
28limited to, the following:

29(1) Ceremonial or congratulatory expressions of the good
30will of the council.

1(2) Statements of public policy of the council.

2(3) Approval of formal agreements of the borough, except
3for agreements arising under an established purchasing system
4of the borough,

5(4) Approval, if required, of administrative rules,
6regulations and bylaws arising under State statutes or
7borough ordinances.

8(5) The filling of borough-appointed positions and of
9vacancies of elected officials, except as otherwise provided.

10(d) Real and personal property.--Council's approval of the
11acquisition, disposition and leasing of real or personal
12property shall be by adoption of a resolution in a manner
13consistent with this part.

14§ 3301.2. Publication.

15(a) Requirements.--Except as provided under this part or
16other law, council shall publish every proposed ordinance once
17in one newspaper of general circulation for at least seven days
18and not more than 60 days prior to enactment prior to the day
19when council shall vote on the proposed ordinance. Publication
20of any proposed ordinance shall include all of the following:

21(1) The full text or the title of the ordinance and a
22brief summary prepared by the borough solicitor setting forth
23all the provisions in reasonable detail.

24(2) A reference to the borough office or other place
25where borough records are kept where copies of the proposed
26ordinance may be examined.

27(b) Summary.--If the full text is not included in the
28publication of the proposed ordinance, the following shall
29apply:

30(1) The newspaper in which the proposed ordinance is

1published shall, upon request, be furnished a copy of the
2full text.

3(2) The following shall apply:

4(i) In addition to copies of the full text of the 
5proposed ordinance retained where borough records are 
6kept in accordance with subsection (a), an attested copy
7of the full text shall be filed in the county law library
8or other county office designated by the county
9commissioners.

10(ii) The county commissioners may impose a fee not
11greater than the actual costs of storing the proposed
12ordinance.

13(iii) Filing with the county may be completed by the
14submission of an electronic copy of the ordinance through
15a method available, in the sole discretion of the county,
16to permit receipt by the office storing municipal
17ordinances.

18(iv) Upon request by the borough, the county shall
19notify the borough of the method by which electronic
20copies may be submitted.

21(v) The county may store the ordinance
22electronically, if the public is able to access the
23electronically stored borough ordinances during regular
24business hours at the office or at a remote location.

25(vi) The borough shall retain a printed copy of the
26email and ordinance as transmitted.

27(3) The date of the filing with the county under
28paragraph (2) shall not affect the effective date of the
29ordinance and shall not be deemed a defect in the process of
30the enactment of the ordinance.

1(c) Notice of amendments.--If substantial amendments are
2made in the proposed ordinance, before voting upon enactment,
3council shall, within ten days, readvertise in one newspaper of
4general circulation a brief summary setting forth all the
5provisions in reasonable detail together with a summary of the
6amendments. A copy of the full text of the amended proposed
7ordinance shall be retained where borough records are kept.

8§ 3301.3. Enactment, approval and veto.

9(a) Approval by mayor.--

10(1) Every ordinance enacted by council shall be
11presented to the mayor for the mayor's approval. Presentation
12to the mayor shall be deemed to mean delivery to the mayor by
13hand delivery or certified mail, addressee only, to the mayor
14at the mayor's last known address. Delivery shall be deemed
15complete upon depositing in the mail, postage or charges
16prepaid, as evidenced by a certificate of mailing.

17(2) The following shall apply:

18(i) If the mayor approves the ordinance, the mayor
19shall sign it.

20(ii) If the mayor does not approve the ordinance,
21the mayor shall return it with objections, which shall be
22entered upon the minutes, to the council at its next
23scheduled meeting occurring at least ten days after the
24meeting at which the ordinance was enacted by council.

25(iii) Council shall reconsider the ordinance either
26at the meeting at which the vetoed ordinance was returned
27or not later than ten days after the meeting at any other
28scheduled meeting. If, after reconsideration, a majority
29of all elected council members plus one votes to override
30the mayor's veto, the ordinance shall have full force and

1effect as if it had received the approval of the mayor.
2The vote shall be determined by yeas and nays and the
3names and votes of the members shall be entered upon the
4minutes.

5(iv) A scheduled meeting, as used in this section,
6may be either a regular, special or reconvened meeting.

7(3) If an ordinance is not returned by the mayor at
8council's next scheduled meeting occurring at least ten days
9after its presentation to the mayor, the ordinance shall have
10full force and effect as if it had been approved by the
11mayor.

12(b) Effective date.--The effective date of an enacted
13ordinance, except as provided in the ordinance, shall be one of
14the following:

15(1) The date when the mayor approves the ordinance.

16(2) The date of enactment by the council over the veto
17of the mayor.

18(3) For an ordinance not returned by the mayor at the
19next scheduled meeting of council occurring at least ten days
20after the meeting at which the ordinance was enacted by the
21council, the date of the succeeding scheduled meeting of
22council.

23(c) Tax ordinance.--The following shall apply:

24(1) If council presents the mayor with the annual tax
25ordinance under section 1310.1 (relating to tax ordinance),
26the mayor shall, within ten days of receiving the tax
27ordinance, approve or return the tax ordinance to the borough
28secretary with a statement setting forth the mayor's
29objections.

30(2) Council shall reconsider the tax ordinance at any

1scheduled meeting held not later than ten days after the
2mayor has returned the tax ordinance to the secretary with
3the mayor's objections. The mayor's objections shall be
4entered upon the minutes of the meeting.

5(3) A veto of the tax ordinance of the borough may be
6overridden by a vote of a majority of all elected council
7members plus one. If the veto is overridden, the ordinance
8shall have full force and effect as if it had received the
9approval of the mayor.

10(4) If the mayor neither approves the tax ordinance nor
11returns it with objections, the date of enactment of the tax
12ordinance shall be the date of the adoption of the tax
13ordinance by council.

14§ 3301.4. Recording, advertising and proof.

15(a) Recording.--All borough ordinances shall, within 30 days
16after approval by the mayor, the council's override of the
17mayor's veto or council's next scheduled meeting after its
18presentation to the mayor, be recorded by the borough secretary
19in an ordinance book. The ordinance book shall be open to the
20inspection of citizens during normal business hours.

21(b) Proof.--All ordinances may be proved by the certificate
22of the borough secretary under the corporate seal. If an
23ordinance is printed or published in book or pamphlet form by
24the authority of the borough, the ordinance shall be accepted as
25evidence without further proof. The entry of the borough
26ordinance in the ordinance book shall be sufficient without the
27signature of the president of council, mayor or member of
28council.

29(c) Prior ordinances.--The text of a borough ordinance or a
30portion of an ordinance which was attached to the ordinance book

1before January 1, 1966, shall be considered in force as if the
2ordinances or portions of ordinances had been recorded in the
3ordinance book if all other requirements of this part applicable
4to the enactment, approval, advertising and recording of the
5ordinances or portions of ordinances were complied with within
6the time limits prescribed under this part.

7§ 3301.5. Codification of ordinances.

8(a) Consolidation, codification and revision.--The borough
9council, under section 3301.1(a) (relating to ordinances and
10resolutions), may:

11(1) enact a consolidation, codification or revision of
12borough ordinances as a single ordinance of the borough; and

13(2) enact a complete group ordinance, repealing or 
14amending existing ordinances as necessary.

15(b) Enactment.--For a consolidation, codification or 
16revision under subsection (a), the following apply:

17(1) The ordinance must be introduced in the council at 
18least 30 days before its final enactment.

19(2) At least 15 days before final enactment, notice of 
20the introduction of the ordinance must be given by 
21advertisement in a newspaper of general circulation. For 
22enactment under subsection (a)(2), the notice must list, in 
23lieu of a table of contents, the titles of each of the
24ordinances in the complete group.

25(c) Subsequent notice.--When any consolidation, codification
26or revision under subsection (a) has been enacted as an
27ordinance, it shall not be necessary to advertise the entire
28text, but it shall be sufficient to publish a notice referring
29to notice under subsection (b)(2) and stating final enactment.

30§ 3301.6. Appeals from ordinances.

1Complaint as to the legality of any ordinance or resolution
2must be made to the court of common pleas. In cases of
3ordinances laying out streets over private lands, the court
4shall have jurisdiction to review the propriety as well as the
5legality of the ordinance.

6§ 3301.7. Replacement of ordinance books.

7(a) Ordinance.--

8(1) If an ordinance book is unserviceable, the council
9may provide by ordinance for the secretary of the borough to
10establish a replacement ordinance book recording all
11ordinances affected by the replacement.

12(2) The following apply to an ordinance under this
13subsection:

14(i) The ordinance must be recorded in the ordinance
15book immediately following the recorded ordinances
16affected by the replacement.

17(ii) The ordinance must direct the secretary, upon
18completion of the recording, to publish once, in one
19newspaper of general circulation, a notice:

20(A) identifying the ordinances contained in the
21unserviceable ordinance book; and

22(B) stating that the old books and records of
23borough ordinances and the replacement ordinance book
24are open to public inspection for the purpose of
25verification and correction for a period of 30 days
26from the date of the notice.

27(b) Secretary.--

28(1) The secretary, in recording the ordinances, must 
29make complete copies of the ordinances, including the date of 
30enactment and approval and the names of the officers who
 

1signed them.

2(2) After notice and corrections under subsection (a)(2)
3(ii), the secretary must certify each ordinance as a correct
4copy of the original.

5(c) Effect.--Upon compliance with subsection (b), the
6recorded replacement ordinance shall replace the original
7ordinance as the ordinances of the borough for the period
8covered by the new ordinance book.

9§ 3302. (Reserved).

10§ 3303. (Reserved).

11§ 3304. (Reserved).

12§ 3305. (Reserved).

13§ 3306. (Reserved).

14§ 3307. (Reserved).

15§ 3308. (Reserved).

16§ 3309. (Reserved).

17SUBCHAPTER B

18ENFORCEMENT

19Sec.

203321. Fines and penalties.

213322. Commitment pending trial.

223323. Commitment after trial.

233324. Payment of costs by borough.

24§ 3321. Fines and penalties.

25(a) Prescription.--

26(1) A borough ordinance shall prescribe fines and
27penalties for violation.

28(2) A civil penalty may not exceed $600 per violation.

29(3) The council may prescribe a criminal fine not to 
30exceed $1,000 per violation and may prescribe imprisonment to
 

1the extent allowed by law for the punishment of a summary 
2offense.

3(4) An ordinance under this subsection may provide that
4a separate violation under paragraph (2) or (3) shall arise
5for:

6(i) each day of violation; and

7(ii) each applicable section of the ordinance.

8(5) An ordinance may provide for assessment of court
9costs and reasonable attorney fees incurred by the borough in
10the enforcement proceedings.

11(6) The council may delegate the initial determination
12of ordinance violation and the service of notice of violation
13to a qualified officer or agent.

14(b) Enforcement at law.--Unless otherwise provided by
15statute, a borough ordinance shall set forth the method of its
16enforcement in accordance with the following:

17(1) Except as provided in paragraph (2), if the penalty
18is not paid, the borough shall initiate a civil action for
19collection in accordance with the Pennsylvania Rules of Civil
20Procedure. A borough shall be exempt from the payment of
21costs in an action under this paragraph.

22(2) For an ordinance regulating building, housing,
23property maintenance, health, fire, public safety, parking,
24solicitation, curfew, water or air or noise pollution,
25enforcement shall be by a criminal action in the same manner
26provided for the enforcement of summary offenses under the
27Pennsylvania Rules of Criminal Procedure. The municipal
28solicitor may assume charge of the prosecution without the
29consent of the district attorney as required under
30Pa.R.Crim.P. No. 454 (relating to trial in summary cases).

1Violations of the property maintenance code or ordinance may
2also be enforced under section 32A04(c) (relating to property
3maintenance code).

4(3) Except for an ordinance subject to paragraph (2), an
5ordinance enacted prior to July 16, 2012, shall be deemed
6automatically amended so that it shall be enforced under
7paragraph (1).

8(4) If a civil claim under this subsection, exclusive of
9interest, costs or fees, exceeds the monetary jurisdiction of
10a magisterial district judge under 42 Pa.C.S. § 1515(a)
11(relating to jurisdiction and venue), the borough may:

12(i) bring the action in a court of common pleas; or

13(ii) make a waiver under 42 Pa.C.S. § 1515(a)(3).

14(c) Enforcement in equity.--In addition to or in lieu of 
15enforcement under subsection (b), a borough may enforce an 
16ordinance in equity in a court of common pleas of the county 
17where the borough is situate.

18(d) Payment.--Money collected under subsection (b) shall be
19paid to the borough treasurer.

20§ 3322. Commitment pending trial.

21An individual arrested for the violation of a borough
22ordinance may, pending trial, be committed to:

23(1) the borough correctional facility; or

24(2) if there is no suitable borough correctional
25facility, to a county correctional facility.

26§ 3323. Commitment after trial.

27A defendant sentenced to imprisonment for a violation of a
28borough ordinance may be committed to:

29(1) the borough correctional facility for up to ten
30days; or

1(2) a county correctional facility for up to 30 days.

2§ 3324. Payment of costs by borough.

3If a prisoner is committed to a county correctional facility
4under section 3322(2) (relating to commitment pending trial) or
53323(2) (relating to commitment after trial), the expenses of
6maintaining the prisoner during confinement shall be paid by the
7borough, and the county shall not be liable for the maintenance.

8CHAPTER 34

9ACTIONS BY AND AGAINST BOROUGHS

10(Reserved)

11CHAPTER 35

12ACTS OF ASSEMBLY REPEALED AND SAVING CLAUSE

13Sec.

143501. Repeals.

15§ 3501. Repeals.

16(a) (Reserved).

17(b) Inconsistent repeal.--All acts or parts of acts
18inconsistent with this part are repealed. This part shall
19furnish a complete and exclusive system for the government and
20regulation of boroughs, except as enumerated under section 102
21(relating to excluded provisions).

22(c) Law not repealed.--Nothing under this part shall be
23construed to repeal any of the following:

24(1) A local or special law.

25(2) A law relating to the Navigation Commission for the
26Delaware River and its navigable tributaries.

27(3) A law, the enforcement of which is vested in the
28Department of Health.

29(3.1) A law, the enforcement of which is vested in the
30Department of Environmental Protection.

1(4) A law, the enforcement of which is vested in the
2Department of Conservation and Natural Resources.

3(5) The act of December 31, 1965 (P.L.1257, No.511),
4known as The Local Tax Enabling Act.

5(6) The act of February 14, 2008 (P.L.6, No.3), known as
6the Right-to-Know Law.

7(7) 45 Pa.C.S. (relating to legal notices).

8(8) 65 Pa.C.S. (relating to public officers).

9(9) 66 Pa.C.S. Pt. I (relating to Public Utility Code).

10(d) Revival.--Nothing under this part shall be construed to
11revive any act or part of a repealed act.

12Section 2. Section 7132(b) of Title 44 is amended to read:

13§ 7132. Police officers.

14* * *

15(b) Exception.--Unless prevented from doing so by the
16operation of 8 Pa.C.S. Ch. 11 Subch. J (relating to civil 
17service for police and fire apparatus operators), borough
18policemen who reside in the borough may hold and exercise the
19office of constable in the borough, or in any ward thereof, and
20receive all costs, fees and emoluments pertaining to such
21office.

22Section 3. Repeals are as follows:

23(1) The General Assembly declares that the repeal under
24paragraph (2) is necessary to effectuate the addition of 8
25Pa.C.S. Pt. I.

26(2) The act of February 1, 1966 (1965 P.L.1656, No.581),
27known as The Borough Code, is repealed.

28Section 4. The addition of 8 Pa.C.S. Pt. I is a continuation
29of the act of February 1, 1966 (1965 P.L.1656, No.581), known as
30The Borough Code. The following apply:

1(1) Except as otherwise provided in 8 Pa.C.S. Pt. I, all
2activities initiated under The Borough Code shall continue
3and remain in full force and effect and may be completed
4under 8 Pa.C.S. Pt. I. Orders, regulations, rules and
5decisions which were made under The Borough Code and which
6are in effect on the effective date of section 3(2) of this
7act shall remain in full force and effect until revoked,
8vacated or modified under 8 Pa.C.S. Pt. I. Contracts,
9obligations and collective bargaining agreements entered into
10under The Borough Code are not affected nor impaired by the
11repeal of The Borough Code.

12(2) Except as set forth in paragraph (3), any difference
13in language between 8 Pa.C.S. Pt. I and The Borough Code is
14intended only to conform to the style of the Pennsylvania
15Consolidated Statutes and is not intended to change or affect
16the legislative intent, judicial construction or
17administration and implementation of The Borough Code.

18(3) Paragraph (2) does not apply to the addition of the
19following provisions <-of 8 Pa.C.S.:

20(i) The definition of "freeholders" in section 200.

21(ii) Section 202(a)(3).

22(iii) Section 210(a).

23(iv) Section 801.

<-24(v) Section 901(a.1).

<-25(v) (vi) Section 902.

<-26(vi) (vii) Section 904.1.

<-27(vii) (viii) Section 1104(a) and (f)(3).

<-28(viii) (ix) Section 1121(a)(5).

<-29(ix) (x) Section 1202(35) 1202(20), (23), (35), (46) 
30and (60).

<-1(xi) Section 1302(a)(10).

<-2(xii) section 1315(a)(4).

3(x)<- (xiii) Section 21A06.

4(xi)<- (xiv) Section 2456(b)(3).

5(XV) Section 2701(e).<-

6(xii)<- (xvi) Section 2708(b).

<-7(xiii) (xvii) Section 3301.1(b)(5).

8(xiv)<- (xviii) Section 3301.2(a)(2), (b)(2) and (c).

9Section 5. The addition of <-section 1104(f)(3) of the act 
<-108 Pa.C.S. §§ 801(b) and 1104(f)(3) shall apply to officials
11elected or appointed to fill a vacancy in an elected office
12after the effective date of this section.

13Section 6. This act shall take effect in 60 days.