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 Acts of Assembly Repealed and Saving Clause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 sections 4.2 and 4.4 of the act of May 25, 1945
21(P.L.1050, No.394), known as the Local Tax Collection Law.

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

24If an individual, elected or appointed as a member of council
25and notified of election or appointment refuses or neglects to
26qualify as a member of council within ten days following the
27beginning of the individual's term of office, unless prevented
28by sickness or necessary absence from the borough, the council,
29acting without the individual, may declare the individual's
30office as member of council vacant and may fill the vacancy as

1provided in section 901 (relating to filling vacancies in 
2elective borough offices). For these actions, a majority of the
3remaining members of the council shall constitute a quorum.

4§ 904. (Reserved).

5§ 904.1. Removal of elected official and appointee.

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

9(1) By impeachment.

10(2) By the Governor for reasonable cause after notice
11and full hearing on the advice of two-thirds of the Senate.

12(3) On conviction of misbehavior in office or of an
13infamous crime.

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

16§ 905. Temporary auditor.

17If for any reason two or three vacancies exist in the office
18of borough auditors, the council may temporarily appoint and
19reasonably compensate a qualified individual, who need not be an
20elector of the borough, who shall have all the powers and duties
21of the two or three auditors whose offices are vacated.

22CHAPTER 10

23POWERS AND DUTIES

24OF ELECTED OFFICIALS

25Subchapter

26A. Council

27B. Mayor (Reserved)

28C. Auditors

29D. Controller

30E. (Reserved)

1F. Tax Collector

2SUBCHAPTER A

3COUNCIL

4Sec.

51001. Organization of council, quorum, participation by
6telecommunication device, voting, compensation and
7eligibility.

81002. Oath of members of council.

91003. When the mayor may preside over council and vote,
10attendance of mayor at council meetings and breaking
11tie votes.

121004. Failure of council to organize.

131005. Powers of council.

141006. Duties of council.

151007. (Reserved).

161008. (Reserved).

171009. Typewritten, printed, photocopied, microfilmed and
18electronically or digitally stored records valid and
19recording or transcribing records.

201010. (Reserved).

211011. (Reserved).

221012. (Reserved).

231013. (Reserved).

241014. Hearings before council; witnesses.

251015. Witness fees and mileage.

261016. Examination of witnesses; penalty.

27§ 1001. Organization of council, quorum, participation by
28telecommunication device, voting, compensation and
29eligibility.

30(a) Organization.--The council shall organize on the first

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

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

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

28(1) A majority of the membership of council then in
29office is physically present at the advertised meeting place
30within the borough and a quorum is established at the

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

7(2) The telecommunication device used permits the member
8or members of council not physically present at the meeting
9to:

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

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

18(3) The telecommunication device used permits the
19members of council and the members of the public who are
20physically present at the meeting to speak to and hear the
21comments and the vote, if any, of the member or members of
22council who are not physically present at the meeting.

23(4) Physical absence of a council member. Council may
24only authorize participation by telecommunication device for
25one or more of the following reasons:

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

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

29(iii) emergency; and

30(iv) family or business travel.

1(5) Nothing in this subsection shall be construed to
2limit the protections and prohibitions contained in any law
3or regulation relating to the rights of the disabled.

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

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

10(1) In boroughs with a population of less than 5,000, a
11maximum of $1,875 per year.

12(2) In boroughs with a population of 5,000 or more but
13less than 10,000, a maximum of $2,500 per year.

14(3) In boroughs with a population of 10,000 or more but
15less than 15,000, a maximum of $3,250 per year.

16(4) In boroughs with a population of 15,000 or more but
17less than 25,000, a maximum of $4,125 per year.

18(5) In boroughs with a population of 25,000 or more but
19less than 35,000, a maximum of $4,375 per year.

20(6) In boroughs with a population of 35,000 or more, a
21maximum of $5,000 per year.

22The salaries shall be payable monthly or quarterly for the
23duties imposed by this part. Benefits provided to members of
24council under section 1202(26) (relating to specific powers)
25shall not be considered pay, salary or compensation, but payment
26for all or a part of the premiums or charges for the benefits
27shall be in accordance with section 1202(26). Any change in
28salary, compensation or emoluments of the elected office shall
29become effective at the beginning of the next term of the member
30of council.

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

8§ 1002. Oath of members of council.

9Before entering upon the duties of their offices, the members
10of council shall take and subscribe an oath or affirmation of
11office under 53 Pa.C.S. § 1141 (relating to form of oaths of
12office). The oath or affirmation may be taken before any judge
13or magisterial district judge of the county, a notary public or
14the mayor of the borough when the individual has qualified, and
15the oath or affirmation shall be filed with the borough
16secretary and preserved among the records of the borough for a
17period of six years.

18§ 1003. When the mayor may preside over council and vote,
19attendance of mayor at council meetings and breaking
20tie votes.

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

28(b) Voting at meetings.--The mayor shall not vote at the
29meeting unless the mayor's vote shall, for any reason, be
30required to effect the organization of council or to elect any

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

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

11(d) Tie votes.--

12(1) If, by reason of a tie or split vote, the council
13shall be unable to:

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

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

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

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

23the mayor, if in attendance at the meeting, may, at the
24mayor's option, cast the deciding vote or shall direct that
25the matter be tabled until a special meeting of council.

26(2) The special meeting of council shall be held within
27not less than five days or more than ten days at which time
28the matter shall be reconsidered by council.

29(3) If a tie or split vote still exists, it shall be the
30duty of the mayor at that time to cast the deciding vote.

1(4) If a tie or split vote occurs at any meeting when
2the mayor is not in attendance, the matter shall be tabled to
3a special meeting to be held within not less than five days
4or more than ten days as set by the president of council, and
5the mayor shall be given at least five days' notice of the
6meeting, at which meeting it shall be the duty of the mayor
7to cast the tie-breaking vote.

8§ 1004. Failure of council to organize.

9If the council of any borough fails to organize within ten
10days from the time prescribed in this chapter, the court of
11common pleas, upon the petition of at least ten registered
12electors of the borough verified by the affidavit of one of the
13petitioners, shall issue a rule upon the delinquent members of
14council to show cause why their seats should not be declared
15vacant. The rule shall be returnable not less than five days
16from the time of its issue, and, after hearing, the court may
17declare the seats of the members of council responsible for the
18failure to organize vacant and shall appoint others in their
19place, who shall hold office for the respective unexpired terms.

20§ 1005. Powers of council.

21The council shall have power:

22(1) To, by motion, ordinance or resolution, create the
23offices of and appoint, a treasurer, a secretary, a
24solicitor, an engineer, a street commissioner and other
25officers as it deems necessary. The treasurer and the
26secretary shall not be members of council. A bank or bank and
27trust company may be appointed as treasurer. All officers and
28employees appointed by the council, with the exception of
29those who under this part or any other act are under civil
30service or have a definite term of office, shall serve for an

1indefinite term at the pleasure of the council.

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

4(3) By resolution, to make temporary loans on the credit
5of the borough in anticipation of taxes to be collected and
6issue certificates of indebtedness. The loans shall be repaid
7from the first money available from taxes in anticipation of
8which the loans were made.

9(4) With respect to depositories and securities, to:

10(i) Appoint and revoke the appointment of one or
11more depositories for borough funds and to fix and
12approve security to be furnished by the depository. The
13security may be bonds with corporate or individual
14securities to be approved by council, or collateral
15security consisting of obligations of the United States
16or the Commonwealth or any political subdivision,
17deposited with the borough or with any bank or trust
18company within this Commonwealth and of a market value of
19120% of the amount of the deposit to be secured. Any
20deposit of collateral shall be under proper agreement and
21be accompanied by proper assignment or power of attorney
22for the transfer of the collateral. The borough treasurer
23shall deposit all borough funds in a depository
24designated under this subparagraph. If borough funds are
25deposited under this subparagraph, the borough treasurer
26shall be released and discharged from further liability
27on account of the deposit.

28(ii) Subparagraph (i) shall not be construed to
29require a depository to furnish bond or collateral
30security to cover the amount of any deposit to the extent

1that the deposit is insured with the Federal Deposit
2Insurance Corporation.

3(5) To secure indemnity bonds or policies of insurance
4as it may deem necessary to protect the borough from loss by
5reason of fire, flood, windstorm, burglary, larceny,
6negligence or dishonesty or insolvency of a depository, or
7otherwise, and to pay for the protection the usual or
8customary costs.

9(6) With respect to investments, to:

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

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

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

22(7) To provide, by ordinance passed by a two-thirds vote
23of the entire number of members of council elected, for the
24appointment of an independent auditor who shall be a
25certified public accountant registered in this Commonwealth,
26a firm of certified public accountants registered in this
27Commonwealth or a competent public accountant or a competent
28firm of public accountants.

29(i) When an ordinance has been adopted, an
30independent auditor shall be appointed annually, by

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

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

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

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

5(8) To make, authorize and ratify expenditures for
6lawful purposes from funds available or from funds borrowed
7within legal limits.

8(9) To pay authorized expenses incurred by elected and
9appointed borough officers in connection with their duties or
10other borough business.

11§ 1006. Duties of council.

12It shall be the duty of the council:

13(1) To organize, under section 1001 (relating to 
14organization of council, quorum, participation by 
15telecommunication device, voting, compensation and 
16eligibility), in even-numbered years.

17(2) To meet at a stated time at least once a month.
18Council may adjourn to a stated time for general business or
19for special businesses. If no quorum is present at a regular,
20special or reconvened meeting, a majority of those who do
21meet may agree upon another date for like business in a
22manner consistent with 65 Pa.C.S. Ch. 7 (relating to open
23meetings). Special meetings may be called by the president of
24council or upon written request of at least one-third of the
25members of council. Members shall have at least 24 hours'
26notice of the special meetings. The notice shall state
27whether it is for general or special purposes, and, if it is
28for special purposes, the notice shall contain a general
29statement of the nature of the business to be transacted.
30Presence at a meeting constitutes waiver of notice. Council

1may adopt rules relating to the calling and holding of
2special meetings, which rules shall supersede the provisions
3of this section, provided that the rules comply with the
4provisions of 65 Pa.C.S. Ch. 7.

5(3) To make and preserve records of its proceedings.

6(4) To enact, revise, repeal and amend ordinances and
7resolutions under Chapter 33 (relating to ordinances), and
8bylaws, rules and regulations, not inconsistent with the laws
9of this Commonwealth, as it deems beneficial to the borough
10and to provide for the enforcement of the same. Unless
11otherwise provided, all powers shall be exercised by vote of
12the majority of council eligible to vote at a meeting.
13Routine, ministerial or administrative purchases and powers
14may be made and exercised by officers or committees if
15authority for the action was previously given or if the
16action is subsequently ratified by council. If any action by
17the council results in a specific written contract or
18agreement, the contract or agreement shall be signed by the
19president of the council.

20(5) To cause notices to be served, as required by law or
21ordinance, in a manner council may by motion or other action
22decide.

23(6) To fix the compensation of all of the borough
24officers, appointees and employees.

25(7) To fix the amount of security to be given by the
26treasurer, and of other officers, appointees and employees as
27it may designate.

28§ 1007. (Reserved).

29§ 1008. (Reserved).

30§ 1009. Typewritten, printed, photocopied, microfilmed and

1electronically or digitally stored records valid and
2recording or transcribing records.

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

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

24(1) in a mechanical post binder book capable of being
25permanently sealed with consecutively numbered pages with a
26security code printed on it and a permanent locking device
27with the borough seal being impressed upon each page; or

28(2) in a bound book with pages being consecutively
29numbered by transcribing directly upon the pages of the book
30of record or by permanently attaching the records or copies

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

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

9§ 1010. (Reserved).

10§ 1011. (Reserved).

11§ 1012. (Reserved).

12§ 1013. (Reserved).

13§ 1014. Hearings before council; witnesses.

14Councils may compel the attendance of witnesses and the
15production of books, papers or other evidence at any meeting of
16the council or any committee of the council and for that purpose
17may issue subpoenas, signed by the president of council or the
18chair of the committee, which shall be served in any part of
19this Commonwealth. If a witness refuses to testify to any fact
20within the witness's knowledge or to produce any books or papers
21in the witness's possession or control required to be used as
22evidence in any case, the borough solicitor shall report the
23facts relating to the refusal to the court of common pleas. If
24the court determines the evidence required of the witness to be
25legal and competent, it shall order the witness to testify or
26produce the evidence required.

27§ 1015. Witness fees and mileage.

28No individual residing outside the borough and subpoenaed
29under section 1014 (relating to hearings before council, 
30witnesses) shall be required to respond to the subpoena until

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

5§ 1016. Examination of witnesses; penalty.

6An individual called as a witness, as provided in this 
7chapter, may be examined under oath, administered by the
8president of council or chair of the committee and, for the
9giving of false testimony, shall be liable for prosecution under
10applicable laws for perjury.

11SUBCHAPTER B

12MAYOR

13(Reserved)

14SUBCHAPTER C

15AUDITORS

16Sec.

171041. Auditors to meet yearly and audit accounts.

181042. (Reserved).

191043. (Reserved).

201044. (Reserved).

211045. (Reserved).

221046. (Reserved).

231047. (Reserved).

241048. (Reserved).

251049. (Reserved).

261050. (Reserved).

271051. (Reserved).

281052. (Reserved).

291053. Compensation of auditors.

301054. (Reserved).

11055. Subpoenas, oath and perjury.

21056. (Reserved).

31057. (Reserved).

41058. Pay of witnesses.

51059. Auditors to settle accounts where witnesses do not
6appear.

71059.1. Completion, filing and publication of auditor's report
8and financial statement.

91059.2. Attorney to auditors.

101059.3. Surcharge by auditors.

111059.4. Appeals from audit.

121059.5. Taxpayers appealing to enter bond.

131059.6. Procedure on appeals.

141059.7. Findings of fact and law, judgment and appeals.

151059.8. Attorney fees.

161059.9. Balances due to be entered as judgments.

171059.10. Penalty for failure to comply with law.

181059.11. General powers and duties of independent auditor.

19§ 1041. Auditors to meet yearly and audit accounts.

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

25(b) Audits.--The auditors:

26(1) Shall audit, adjust and settle the accounts of the
27tax collectors, the magisterial district judge and all
28officers of the borough.

29(2) May audit, adjust and settle the accounts of any
30person, corporation, association, organization, committee or

1commission receiving or expending borough funds.

2(3) Audit and report to the council, upon the accounts
3of every officer of the borough, upon the death, resignation,
4removal or expiration of the term of the officer.

5Unless otherwise agreed to by the auditors and the person being
6audited, the audit shall be conducted at the place the records
7of the person are normally kept.

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

12(c) (Reserved).

13(d) (Reserved).

14(e) (Reserved).

15(f) (Reserved).

16(g) (Reserved).

17§ 1042. (Reserved).

18§ 1043. (Reserved).

19§ 1044. (Reserved).

20§ 1045. (Reserved).

21§ 1046. (Reserved).

22§ 1047. (Reserved).

23§ 1048. (Reserved).

24§ 1049. (Reserved).

25§ 1050. (Reserved).

26§ 1051. (Reserved).

27§ 1052. (Reserved).

28§ 1053. Compensation of auditors.

29(a) General compensation.--Subject to the limitations set
30forth in subsection (b), each auditor shall receive $10 per hour

1for each hour or portion of an hour necessarily employed in the
2discharge of the auditor's duties, to be paid by the borough.

3(b) Limits.--No auditor in a borough having a population of
410,000 or less shall be entitled to receive more than $1,000 for
5completing the annual audit, settlement and adjustment. No
6auditor in a borough having a population in excess of 10,000
7shall be entitled to receive more than $2,000 for completing the
8annual audit, settlement and adjustment.

9(c) Reimbursements.--Each auditor shall be reimbursed for
10travel costs incurred in the performance of the auditing duties
11at the rate established by the council under the act of July 20, 
121979 (P.L.156, No.51), referred to as the Uniform Mileage Fee
13Law, and for other actual expenses, including postage, notary
14fees or publication costs, necessarily incurred during the
15audit.

16§ 1054. (Reserved).

17§ 1055. Subpoenas, oath and perjury.

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

1the issue.

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

7§ 1056. (Reserved).

8§ 1057. (Reserved).

9§ 1058. Pay of witnesses.

10Witnesses, other than officers of the borough, appearing
11before the auditors and individuals or officers serving
12subpoenas shall be paid, out of the borough treasury upon
13authorization signed by a majority of the auditors and orders
14drawn on the borough treasury, the same fees as are payable for
15rendering similar services in civil proceedings before a
16magisterial district judge. The amount paid shall be made a part
17of the charge against any officer who shall be charged by the
18auditors with any balance, if the costs have been incurred in
19establishing the balance. The costs collected from any officer
20shall be repaid into the borough treasury.

21§ 1059. Auditors to settle accounts where witnesses do not
22appear.

23If any person in possession of documents relative to public
24accounts before auditors refuses to produce the same or if any
25officer whose accounts are to be settled and adjusted by the
26auditors refuses to appear or submit to examination as directed
27by this subchapter, the auditors or a majority of them may
28proceed, by the examination of witnesses and other evidence, to
29ascertain and settle, as near as may be, the amount of public
30money received by the officer and its application to public

1purposes or otherwise.

2§ 1059.1. Completion, filing and publication of auditor's
3report and financial statement.

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

10(1) The balance in the treasury at the beginning of the
11fiscal year.

12(2) All revenue received during the fiscal year by major
13classifications.

14(3) All expenditures made during the fiscal year by
15major functions and the current resources and liabilities of
16the borough at the end of the fiscal year.

17(4) The gross liability and net debt of the borough.

18(5) The amount of assessed valuation of the borough.

19(6) The assets of the borough with their character and
20value.

21(7) The date of the last maturity of the respective
22forms of funded debt.

23(8) The assets in each sinking fund.

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

28(1) The actual indebtedness.

29(2) The amount of funded debt.

30(3) The amount of floating debt.

1(4) The valuation of taxable property in the borough.

2(5) The assets of the borough with their character and
3value.

4(6) The date of maturity of the respective forms of
5funded debt of the borough.

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

20(c) Service of report.--The secretary of the auditors shall
21serve, by registered or certified mail, notice to every elected
22or appointed official against whom a balance or shortage appears
23in the report required under subsection (b). The notice shall be
24served prior to the filing of the report and shall indicate the
25amount of the balance or shortage and a brief description of how
26the balance or shortage was derived. The notice shall indicate
27that the balance or shortage is deemed a surcharge under section
281059.3 (relating to surcharge by auditors) and shall apprise the
29officer served of the right to appeal under section 1059.4
30(relating to appeals from audit). Service of notice is complete

1when the notice is properly addressed, postage prepaid and
2mailed. Failure to receive the notice required by this
3subsection shall not constitute grounds for relief from any
4judgment entered under this chapter.

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

9§ 1059.2. Attorney to auditors.

10The borough auditors may employ an attorney if deemed
11advisable by a majority of the auditors. The auditors, with the
12agreement of council, shall determine the compensation to be
13paid to the attorney. If the auditors and council cannot agree
14on the compensation, upon petition of the auditors, the court of
15common pleas shall establish the compensation for the attorney
16employed by the auditors. The compensation for the attorney
17shall be paid out of the borough general fund.

18§ 1059.3. Surcharge by auditors.

19(a) Surcharges.--

20(1) The amount of any balance or shortage or of any
21expenditure of a kind or made in a manner prohibited or not
22authorized by statute which causes a financial loss to the
23borough shall be a surcharge against any officer against whom
24the balance or shortage shall appear, or who by vote, act or
25neglect has permitted or approved the expenditure.

26(2) The following shall apply:

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

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

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

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

17§ 1059.4. Appeals from audit.

18It shall be lawful for the borough, or any taxpayer of the
19borough on its behalf, or any person whose account is settled or
20audited, to appeal from the settlement or audit, as shown in the
21auditors report, to the court of common pleas of the county no
22later than 40 days from the date of the filing of the auditor's
23report with the clerk of common pleas.

24§ 1059.5. Taxpayers appealing to enter bond.

25No appeal by a taxpayer or officer may be allowed unless,
26within the time of taking the appeal, the appellant secures a
27bond in the sum of $1,000 with sufficient surety to prosecute
28the appeal and to pay all costs of appeal, in case, if the
29appellant is a taxpayer, the appellant fails to obtain a final
30decision more favorable to the borough than that awarded by the

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

6§ 1059.6. Procedure on appeals.

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

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

22§ 1059.7. Findings of fact and law, judgment and appeals.

23After the hearing, the court shall file its findings of fact
24and law and enter judgment accordingly, and the judgment so
25entered may be enforced by the prevailing party by any
26appropriate proceeding. Appeals from the court's ruling may be
27taken in accordance with law.

28§ 1059.8. Attorney fees.

29(a) Fees awarded.--Upon final determination of an appeal
30taken under section 1059.4 (relating to appeals from audit) from

1any report, audit or settlement of the account of any borough
2officer, attorney fees shall be awarded as follows:

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

9(2) If, in the opinion of the court, the final
10determination is more favorable to the borough than that
11awarded by the auditors in the case of an appeal taken by the
12borough or a taxpayer, the borough officer who is the subject
13of the surcharge proceeding shall pay reasonable attorney
14fees or, under paragraph (3), a portion of reasonable
15attorney fees incurred by the borough, elector or taxpayer in
16connection with the surcharge proceeding.

17(3) If, in the opinion of the court, the final
18determination is in part more favorable to the borough and in
19part more favorable to the borough officer involved in the
20surcharge proceeding than that awarded by the auditors, the
21court may order:

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

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

29(b) Other accounts.--The attorney fees in case of appeals
30involving accounts other than those of borough officers shall be

1allocated in the court's discretion.

2§ 1059.9. Balances due to be entered as judgments.

3A balance in a report of the auditors against an officer of
4the borough shall constitute a surcharge against the officer as
5fully as if expressly stated in the report to be a surcharge.
6The amount of a balance and of any express surcharge shall, if
7no appeal is taken or after an appeal has been finally
8determined in favor of the borough, be entered by the
9prothonotary as a judgment against the officer. The clerk of the
10court of common pleas shall certify the amount of every balance
11or surcharge contained in a report from which no appeal has been
12taken within the time provided under this chapter to the court
13of common pleas for entry by the prothonotary as a judgment. Any
14taxpayer of the borough may enforce the collection of the
15balance or surcharge for the benefit of the borough, by action
16or execution, upon filing in the court of common pleas a bond,
17in the sum of $1,000 with one or more sureties, conditioned to
18indemnify the borough from all costs of the proceedings
19undertaken by the taxpayer, subject to all rights of appeal from
20the report of auditors granted by this part. If a person has
21been or shall be surcharged for an illegal purchase and no fraud
22or collusion is shown and the surcharge is paid to the borough,
23the article purchased shall become the property of the person
24surcharged.

25§ 1059.10. Penalty for failure to comply with law.

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

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

1§ 1059.11. General powers and duties of independent auditor.

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

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

20(1) The scope of the examination.

21(2) The independent auditor's opinion of the fairness of
22the presentation of the financial statement of the borough,
23which shall show a complete statement of the financial
24condition of the borough, giving in detail the actual
25indebtedness, the amount of funded debt, the amount of
26floating debt, the valuation of the taxable property in the
27borough, the assets of the borough with their character and
28value and the date of the maturity of the respective forms of
29funded debt of the borough.

30(3) The amount of any balance or shortage or any

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

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

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

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

22SUBCHAPTER D

23CONTROLLER

24Sec.

251061. Oath and bond of controller.

261062. Salary of controller.

271063. General powers and duties of controller.

281064. (Reserved).

291065. Countersigned warrants.

301066. Prevention of appropriation overdrafts.

11067. Amount of contracts to be charged against appropriations.

21068. Controller's recommendations on borough finances.

31069. Books to be kept by controller.

41070. Appeals from controller's report.

51071. Acceptance by ordinance.

6§ 1061. Oath and bond of controller.

7The borough controller shall, before entering upon the duties
8of office, take the required oath or affirmation of office under
953 Pa.C.S. § 1141 (relating to form of oaths of office). The
10controller shall give bond to the borough with a surety company
11to be approved by the council, in a sum as council may direct by
12ordinance, conditioned for the faithful discharge of the
13controller's duties. The amount of the bond shall be sufficient
14to adequately protect the borough from any illegal or unfaithful
15action by the controller. The cost of the bond shall be paid by
16the borough.

17§ 1062. Salary of controller.

18The council shall fix the annual salary of the controller.
19Any change in salary, compensation or emoluments of the elected
20office shall become effective at the beginning of the next term
21of the controller.

22§ 1063. General powers and duties of controller.

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

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

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

11(1) have supervision and control of the accounts of all
12departments, bureaus and officers of the borough authorized
13to collect, receive or disburse the public money or who are
14charged with the management or custody of the accounts;

15(2) audit their respective accounts and may at any time
16require from any of them a statement in writing of any money
17or property of the borough in their possession or under their
18control, showing the amount of cash on hand and the amount
19deposited in banks and banking institutions together with the
20names of the institutions;

21(3) have power to examine every account of a borough
22officer in any bank or banking institution to verify the
23accuracy of the statement of the borough, department, bureau
24or officer, and it shall be the duty of every department,
25bureau or officer, and of every bank and banking institution,
26its officers and agents, to furnish full information to the
27controller in relation to the account. No banker or banking
28institution, its officers or agents shall be subject to
29prosecution under other laws of this Commonwealth for
30disclosing information with respect to an account;

1(4) immediately upon the discovery of any default,
2irregularity or delinquency, report the discovery to the
3council; and

4(5) audit and report upon the accounts of an officer
5upon the death, resignation, removal or expiration of the
6term of the officer.

7§ 1064. (Reserved).

8§ 1065. Countersigned warrants.

9The controller shall countersign all warrants upon the
10borough treasurer, with the form of the warrant to be prescribed
11by council, except that no warrant shall be countersigned unless
12there is money in the treasury to pay the warrant. If a warrant
13on the treasurer shall be presented to the controller to be
14countersigned, the person presenting the warrant shall, if the
15controller requires, produce evidence that:

16(1) The amount expressed in the warrant is due to the
17person in whose favor it is drawn.

18(2) The supplies or service for payment of which the
19warrant is drawn have been furnished or performed according
20to law and the terms of the contract.

21§ 1066. Prevention of appropriation overdrafts.

22The controller shall not permit any appropriation made by the
23council to be overdrawn. If an appropriation is exhausted, the
24object of which is not complete, the controller shall
25immediately report the fact to the council and accompany the
26report with a statement of the money which have been drawn on
27the appropriation and the particular purpose for which they are
28drawn.

29§ 1067. Amount of contracts to be charged against
30appropriations.

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

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

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

17§ 1068. Controller's recommendations on borough finances.

18The borough controller shall, as often as the controller may
19deem expedient or the council shall direct, suggest plans to the
20council for the management and improvement of the borough
21finances.

22§ 1069. Books to be kept by controller.

23The borough controller shall keep a regular set of books
24which shall be opened and keep as many accounts, under
25appropriate titles, as may be necessary to show separately and
26distinctly all the estates and property, real and personal,
27vested in the borough, all trusts in the care of the borough,
28all debts due and owing the borough, all receipts and
29expenditures of the various departments of the borough
30government and all appropriations made by council and the sums

1under the same, respectively.

2§ 1070. Appeals from controller's report.

3Appeals may be taken from the settlement and audit of the
4controller, as shown in the controller's report to the court of
5common pleas of the county, by the same persons in the same
6manner within the same time subject to the same conditions and
7procedure and with like effect in every respect as provided in
8this part in the cases of appeals from the settlement and audit
9of the auditors as shown in their report.

10§ 1071. Acceptance by ordinance.

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

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

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

30SUBCHAPTER E

1(RESERVED)

2SUBCHAPTER F

3TAX COLLECTOR

4Sec.

51086. Powers and duties of tax collector.

6§ 1086. Powers and duties of tax collector.

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

12(b) Exception.--

13(1) No tax collector may collect any tax levied and
14imposed under the act of December 31, 1965 (P.L.1257,
15No.511), known as The Local Tax Enabling Act, unless the
16ordinance imposing the tax provides that the tax collector
17shall be the collector of the tax.

18(2) No ordinance, however, may authorize the collection
19of income taxes in a manner other than that provided in
20Chapter 5 of The Local Tax Enabling Act.

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

27CHAPTER 10A

28MAYOR

29Sec.

3010A01. Eligibility of mayor.

110A02. Incompatible offices.

210A03. Oath of mayor.

310A04. Salary of mayor.

410A05. Salaried mayor not to receive certain fees.

510A06. General powers of mayor.

610A07. Duties of mayor.

710A08. President or vice president of council to act as mayor.

8§ 10A01. Eligibility of mayor.

9No mayor may hold any other borough office or appointment
10during the term for which the mayor is elected, except as is
11permitted under section 1104 (relating to appointments and
12incompatible offices). The mayor shall be eligible to succeed
13himself. The mayor shall not be a member of council, nor shall
14the mayor preside over or vote at any meeting of council, except
15as provided in section 1003 (relating to when the mayor may
16preside over council and vote, attendance of mayor at council
17meetings and breaking tie votes).

18§ 10A02. Incompatible offices.

19No member of Congress or any person holding any office or
20appointment of profit or trust under the Federal Government or
21any person holding the office of magisterial district judge may
22at the same time be capable of holding the office of mayor.

23§ 10A03. Oath of mayor.

24The mayor, before exercising the duties of office, shall take
25and subscribe an oath or affirmation of office under 53 Pa.C.S.
26§ 1141 (relating to form of oaths of office). The oath or
27affirmation may be taken before a judge or magisterial district
28judge of the county or a notary public and shall be filed with
29the borough secretary and be preserved among the records of the
30borough for a period of six years.

1§ 10A04. Salary of mayor.

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

4(1) In a borough with a population of less than 5,000, a
5maximum of $2,500 per year.

6(2) In a borough with a population of 5,000 or more but
7less than 10,000, a maximum of $5,000 per year.

8(3) In a borough with a population of 10,000 or more but
9less than 15,000, a maximum of $7,500 per year.

10(4) In a borough with a population in excess of 15,000,
11a maximum of $500 per year per 1,000 residents or fraction of
121,000, the population to be determined by the latest official
13census figures.

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

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

22§ 10A05. Salaried mayor not to receive certain fees.

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

27(b) Marriage ceremony fees.--

28(1) Nothing in this part shall be construed to prevent a
29mayor from receiving a monetary fee for the performance of a
30marriage ceremony in this Commonwealth, if the fee does not

1exceed $150 for each ceremony performed.

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

5(3) The notification to council shall remain in effect
6for the term of the mayor or until the notification is
7rescinded by the mayor.

8(4) The mayor shall maintain accurate accounts of the
9fees received relating to the performance of marriage
10ceremonies and provide council each quarter with a report of
11money received for that period. The quarterly report shall
12include the amount of money received and the names of persons
13from whom money was received, along with the date and the
14location of the performed ceremony, and the quarterly report
15shall be considered a public record.

16(5) The receipt of a fee under this subsection shall not
17be considered a violation of 65 Pa.C.S. Ch. 11 (relating to
18ethics standards and financial disclosure) and shall not be
19considered compensation under this part.

20§ 10A06. General powers of mayor.

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

23(b) Emergencies.--

24(1) In addition to the power granted to mayors by 35
25Pa.C.S. Pt. V (relating to emergency management services) and
26in order to enable the mayor to effectually preserve the
27public peace within the borough, the mayor shall have the
28power to prevent and suppress mobs, riots and unlawful and
29tumultuous assemblies.

30(2) In the event that a state of emergency exists, a

1mayor shall have the authority to request aid and assistance
2from law enforcement officers and agencies from a neighboring
3municipality.

4(3) In response to a request of a mayor made in
5accordance with this subsection, a municipal police officer
6shall, within the borough from which the request was made,
7have the power and authority to enforce the laws of this
8Commonwealth or otherwise perform the functions of that
9office as if enforcing those laws or performing those
10functions within the territorial limits of the officer's
11primary jurisdiction, subject to the limitations and
12conditions set forth in 42 Pa.C.S. § 8953(b), (c), (d) and
13(e) (relating to Statewide municipal police jurisdiction).

14(4) If the mayor considers that a state of emergency
15exists, the mayor may issue a proclamation, which shall be in
16writing and posted in one or more conspicuous places and the
17contents of which shall be made available to all news media,
18declaring a state of emergency for a period not to exceed
19seven days unless sooner rescinded, modified or ratified or
20extended by resolution of council.

21(5) The mayor may prohibit in the proclamation for all
22or part of the borough:

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

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

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

30(iv) The transportation, possession or use of

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

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

8(6) The proclamation shall describe the specific
9restricted area with particularity and shall specify the
10hours when restrictions are to be in effect.

11(7) A person violating the proclamation of emergency
12commits a summary offense and shall, upon conviction, be
13sentenced to pay a fine not to exceed $300 and costs or to a
14term of imprisonment not to exceed 30 days.

15§ 10A07. Duties of mayor.

16The mayor shall have the following duties:

17(1) To preserve order in the borough, to enforce the
18ordinances and regulations, to remove nuisances, to exact a
19faithful performance of the duties of the officers appointed
20and to perform any other duties as shall be vested in the
21mayor's office by law or ordinance.

22(2) Except as provided in section 1006(4) (relating to
23duties of council), to sign papers, contracts, obligations
24and documents as may be required by law.

25(3) To collect any costs and fees received and to pay
26the money into the treasury, except as provided in section
2710A05(b) (relating to salaried mayor not to receive certain
28fees), to report to the council from time to time on the
29state of the borough and to make recommendations to the
30council on matters of borough concern. The borough shall

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

6§ 10A08. President or vice president of council to act as
7mayor.

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

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

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

22CHAPTER 11

23POWERS, DUTIES AND RIGHTS OF

24APPOINTED OFFICERS AND EMPLOYEES

25Subchapter

26A. General Provisions

27B. Treasurer

28C. Secretary

29D. Solicitor

30E. Police

1F. Police Pension Fund in Boroughs Having Police Force of
2Less Than Three Members

3G. Manager

4H. Planning Commission (Reserved)

5I. Mine and Quarry Inspection and Surface Support (Reserved)

6J. Civil Service for Police and Fire Apparatus Operators

7K. Independent Auditor (Reserved)

8SUBCHAPTER A

9GENERAL PROVISIONS

10Sec.

111101. Compensation, hours and days of work and outside
12employment.

131102. Accounts.

141103. Bonds.

151104. Appointments and incompatible offices.

161105. Compensation of certain employees.

171105.1. Retirement benefits of employees transferred to
18authorities.

19§ 1101. Compensation, hours and days of work and outside
20employment.

21Appointed officers and employees of the borough shall receive
22compensation for their services as the council shall prescribe.
23Council may also establish the hours and days of work and may
24restrict the outside employment of borough employees or any
25class or category of employment.

26§ 1102. Accounts.

27All officers and employees appointed by a council shall, if
28directed, render their accounts to the council for settlement.

29§ 1103. Bonds.

30If an appointed officer or employee of a borough is required

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

9§ 1104. Appointments and incompatible offices.

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

16(b) Prohibition.--

17(1) Except as set forth in paragraph (2), no elected
18borough official of a borough with a population of 3,000 or
19more may serve as an employee of that borough.

20(2) Paragraph (1) shall not apply to a borough official
21serving as an employee of that borough prior to the
22certification of the 2010 official census or a subsequent
23latest official census which indicates an increase in the
24population of that borough to 3,000 or more.

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

30(d) Magisterial district judges.--No person holding the

1office of magisterial district judge may at the same time hold
2any elected or appointed borough office.

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

6(f) Police officers and firefighters.--

7(1) No police officer or firefighter may hold an
8elective office of the borough that employs the police
9officer or firefighter.

10(2) No police officer or firefighter who is employed by
11a regional department, council of government or other
12cooperative venture may hold an elective office of any
13municipality that participates in the regional department,
14council of government or other cooperative venture.

15(3) No police officer or firefighter may hold an
16elective office of the borough in which the police officer or
17firefighter resides if the department employing the police
18officer or firefighter is providing police or fire protection
19service to that borough by contract.

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

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

26§ 1105. Compensation of certain employees.

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

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

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

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

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

22§ 1105.1. Retirement benefits of employees transferred to
23authorities.

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

27(1) An employee of a wastewater authority created by a
28borough and one or more townships under 53 Pa.C.S. Ch. 56
29(relating to municipal authorities) that commenced operations
30after December 1, 2001, who satisfies the requirements of

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

5(2) An employee of a municipal authority created by a
6borough under 53 Pa.C.S. Ch. 56 that commenced operations
7after October 4, 2010, who satisfies the requirements of
8subsection (b), has past service credits under the borough
9retirement plan and files a written election with the council
10and the authority to be a member of the borough retirement
11system within one year of July 16, 2012.

12(b) Eligibility criteria.--

13(1) In order to qualify for the option under subsection
14(a), the employee must satisfy both of the following
15requirements:

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

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

23(2) For an employee who files an election under
24subsection (a), the affected authority shall:

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

30(ii) Pay to the borough's retirement fund an

1employer contribution equal to the employer normal cost
2plus anticipated administrative expenses and amortization
3payments less general municipal pension system State aid
4expressed as a percentage of the system's total payroll
5as calculated by the borough under the act of December 
618, 1984 (P.L.1005, No.205), known as the Municipal
7Pension Plan Funding Standard and Recovery Act, and
8applied to the payroll of the employee.

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

18SUBCHAPTER B

19TREASURER

20Sec.

211106. Bond and duties.

221107. Assistant treasurer.

23§ 1106. Bond and duties.

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

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

29(1) Receive all money due the borough and deposit the
30money promptly in a designated depository in the name of the

1borough.

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

6(3) (i) Pay out all money only on direction by the
7council, upon an order signed by the president of council
8and the borough secretary and also by the borough
9controller, if any. The order shall not be executed
10unless there is money in the treasury available.

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

16(4) Annually submit the accounts to the elected
17auditors, independent auditor or controller for settlement.

18(5) Preserve the account books, papers, documents and
19other records of the office and turn them over to the
20successor in office.

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

24§ 1107. Assistant treasurer.

25A council may, by resolution, appoint an assistant treasurer
26who may not be a member of the council. Council may appoint the
27assistant treasurer as the assistant secretary if the assistant
28treasurer is not a member of council. The assistant treasurer
29shall assist the treasurer in the performance of the treasurer's
30duties and, in case of absence or disability of the treasurer,

1shall perform the duties and may exercise the powers of the
2treasurer.

3SUBCHAPTER C

4SECRETARY

5Sec.

61111. Duties.

71112. Assistant secretary.

81113. Records open to inspection.

9§ 1111. Duties.

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

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

14(1) Record or transcribe the bylaws, rules, regulations,
15resolutions and ordinances of the borough in accordance with
16section 1009 (relating to typewritten, printed, photocopied,
17microfilmed and electronically or digitally stored records
18valid and recording or transcribing records).

19(2) Preserve the records and documents of the borough,
20have custody of the corporate seal and deliver to the
21secretary's successor the seal and all books, papers and
22other records and things belonging to the borough.

23(3) Certify copies of any book, paper, record, bylaw,
24rule, regulation, resolution, ordinance or proceeding of the
25borough under the seal of the borough. The copies, if
26certified, shall be admissible in evidence in any court of
27this Commonwealth.

28(4) Attest the execution of all instruments, record all
29ordinances and attest the same by the secretary's signature
30and file of record proof of service of all notices required

1by law. The secretary's certificate shall be good evidence of
2notice.

3(5) Inform council and the public as required by 65
4Pa.C.S. Ch. 7 (relating to open meetings) of all borough
5meetings, including special meetings of council.

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

10§ 1112. Assistant secretary.

11A council may, by resolution, appoint an assistant secretary.
12The assistant secretary shall assist the secretary in the
13performance of the secretary's duties and, in case of absence or
14disability of the secretary, perform the duties and may exercise
15the powers of the secretary. The assistant secretary may be
16appointed from the membership of the council but shall not be
17any other officer of the council. Council may appoint the
18assistant secretary as the assistant treasurer if the assistant
19secretary is not a member of council.

20§ 1113. Records open to inspection.

21The fiscal records and documents and the minute book and
22other records and documents of every borough shall be open in
23accordance with the act of February 14, 2008 (P.L.6, No.3),
24known as the Right-to-Know Law.

25SUBCHAPTER D

26SOLICITOR

27Sec.

281116. Solicitor to have control of legal matters.

291117. Duties of solicitor and outside counsel.

301118. Assistant solicitor.

1§ 1116. Solicitor to have control of legal matters.

2The legal matters of the borough shall be under the control
3of the borough solicitor. No department or officer of the
4borough, except as otherwise provided by law, shall employ an
5additional counsel without the assent or ratification of the
6council. The borough solicitor must be licensed to practice law
7in this Commonwealth and may be one person or a law firm,
8partnership, association or professional corporation. The
9borough solicitor serves at the pleasure of council. In the
10absence of the solicitor, the law firm of which the solicitor is
11a member or associate may perform any of the duties or functions
12of the solicitor.

13§ 1117. Duties of solicitor and outside counsel.

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

15(1) Prepare or approve, if directed or requested to do
16so by council or the mayor, any bonds, obligations,
17contracts, leases, conveyances, ordinances and assurances to
18which the borough or any department of the borough may be a
19party.

20(2) Commence and prosecute all actions brought by the
21borough for or on account of any of the estates, rights,
22trusts, privileges, claims or demands of the borough, as well
23as defend the borough or any borough officer against all
24actions or suits brought against the borough or borough
25officer in which any of the estates, rights, privileges,
26trusts, ordinances or accounts of the borough may be brought
27in question before any court in this Commonwealth.

28(3) Furnish the council or committees of the council,
29the mayor or the head of a department, upon request, with an
30opinion in writing upon any question of law which may be

1submitted by any of them in their official capacities.

2(4) Perform every other professional act incident to the
3office which the borough solicitor may be authorized or
4required to do by the council or the mayor.

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

12§ 1118. Assistant solicitor.

13A council may, by resolution, appoint an assistant solicitor
14to assist the solicitor in the performance of the solicitor's
15duties and, in the absence or disability of the solicitor, to
16perform the duties and exercise the powers of the solicitor.

17SUBCHAPTER E

18POLICE

19Sec.

201121. Council's powers concerning police.

211122. Police serving under cooperative agreement or contract.

221123. Police badge.

231123.1. Mayor's powers concerning police.

241124. Suspension by mayor.

251125. Compensation.

261126. (Reserved).

271127. School crossing guards.

28§ 1121. Council's powers concerning police.

29(a) Establishment of police department.--Council may, by
30ordinance, establish a police department. If council establishes

1a police department, the following shall apply:

2(1) Council may appoint police officers, subject to
3Subchapter J (relating to civil service for police and fire
4apparatus operators).

5(2) Council may remove, suspend or reduce in rank any
6police officer:

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

13(ii) subject to Subchapter J.

14(3) Council shall designate the ranks in the police
15department and the duties of each rank and may designate one
16of the police officers as chief of police.

17(4) Council may assign any member of the police
18department to attend training classes offered by the Federal
19or State Government and may pay the police officer's expenses
20while attending the school.

21(5) Council shall determine the total weekly hours of
22employment that shall apply to the police officers.

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

29(c) Ratification.--In any case in which a borough has
30previously appointed police officers or established a police

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

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

11§ 1122. Police serving under cooperative agreement or contract.

12(a) General rule.--If a borough enters into a cooperative
13agreement or contract with any municipal corporation, regional
14police force or other governmental entity created by two or more
15municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A
16(relating to intergovernmental cooperation) for the furnishing
17or receiving of police protection as authorized by section
181202(35) (relating to specific powers), the police force of the
19municipal corporation, regional police force or other
20governmental entity furnishing the police protection shall be
21appointed and accepted as the police force of the borough
22receiving the police service by resolution of the council.

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

30§ 1123. Police badge.

1Borough police officers shall wear a shield or badge with the
2word "Police" when on duty.

3§ 1123.1. Mayor's powers concerning police.

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

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

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

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

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

22§ 1124. Suspension by mayor.

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

1(b) Reinstatement.--

2(1) A police officer suspended by the mayor may not be
3reinstated by council at a date earlier than ten working days
4from the date fixed by the mayor for the suspension to
5commence.

6(2) In any case in which the council has reinstated a
7police officer after having been suspended by the mayor, the
8mayor shall not suspend the police officer for reasons:

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

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

13§ 1125. Compensation.

14Borough police and special police appointed by the mayor
15shall receive compensation as fixed by the council.

16§ 1126. (Reserved).

17§ 1127. School crossing guards.

18(a) Appointment.--

19(1) Upon request by the board of school directors of the
20school district in which a borough is wholly or partially
21located, the council may appoint school crossing guards who
22shall have the duty of controlling and directing traffic and
23pedestrians at or near schools and who shall be in suitable
24and distinctive uniform.

25(2) While on duty, school crossing guards shall be under
26and subject to the direction of the mayor, shall serve at the
27pleasure of the council, except as noted in subsection (b),
28shall not be subject to Subchapter J (relating to civil
29service for police and fire apparatus operators) and shall
30not be entitled to participate in any borough pension plan or

1plans.

2(3) (i) The compensation of the school crossing guards,
3if any, shall be fixed by the council and shall be
4jointly paid by the council and the board of school
5directors, in a ratio to be determined by the council and
6board of school directors.

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

12(4) Notwithstanding any other provision of law,
13auxiliary police officers, appointed as prescribed by general
14law, may be designated to serve as crossing guards.

15(b) Ordinance.--

16(1) The council may enact an ordinance allowing a board
17of school directors to assume hiring and oversight of school
18crossing guards. Before the council may enact the ordinance,
19the board of directors of the school district must adopt a
20resolution requesting the authority to assume the hiring and
21oversight of school crossing guards.

22(2) The ordinance enacted by the council shall outline
23how the police department will provide any necessary training
24and assistance of the school crossing guards while on duty.

25(3) School crossing guards shall be authorized in the
26management of traffic and pedestrians in and around areas
27identified by the police department and the school district
28superintendent or the superintendent's designees.

29(4) School crossing guards shall not:

30(i) Be subject to the civil service provisions of

1this part.

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

4(iii) Be considered:

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

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

10(C) An employee under any plan.

11(5) After the ordinance is enacted by the council, the
12school district shall assume the cost of compensation,
13including fixing compensation, if any, of the school crossing
14guards.

15(6) Notwithstanding any other provision of law,
16auxiliary police officers, appointed as prescribed by general
17law, may be hired by the school district to serve as school
18crossing guards.

19(7) The board of school directors shall notify the
20council of the individuals hired to serve as school crossing
21guards and request the necessary training or assistance be
22provided as outlined by the ordinance.

23SUBCHAPTER F

24POLICE PENSION FUND IN

25BOROUGHS HAVING POLICE FORCE

26OF LESS THAN THREE MEMBERS

27Sec.

281131. Police pension fund.

291132. Private police pension funds and optional transfers.

30§ 1131. Police pension fund.

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

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

17(c) Administration.--

18(1) All pension funds or investment or insurance
19instruments established under this section shall be under the
20direction of the council, or a committee as it may designate,
21and shall be applied under regulations as the council may, by
22ordinance, prescribe for the benefit of the members of the
23police force who receive honorable discharge by reason of age
24or disability and the families of police officers injured or
25killed in service.

26(2) Council shall appoint by resolution a chief
27administrative officer who shall have the primary
28responsibility for the execution of the administrative
29affairs of the pension plan, subject to the direction of
30council.

1(3) Any allowances made to individuals who retire by
2reason of disability or age shall be in conformity with a
3uniform scale.

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

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

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

19(g) Management.--

20(1) A borough may take, by gift, grant, devise or
21bequest, any money or property, real, personal or mixed, in
22trust for the benefit of the police pension fund.

23(2) The care, management, investment and disposal of the
24trust funds or property shall be vested in the officers as
25the borough shall direct by ordinance and shall be governed
26by the officers, subject to any directions not inconsistent
27with the ordinance as the donors of the funds and property
28may prescribe.

29(h) Right to equal and proportionate share.--No person
30participating in the police pension fund and becoming entitled

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

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

11§ 1132. Private police pension funds and optional transfers.

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

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

26SUBCHAPTER G

27MANAGER

28Sec.

291141. Borough manager created by ordinance and election.

301142. Powers and duties.

11143. Other offices not incompatible.

2§ 1141. Borough manager created by ordinance and election.

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

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

14§ 1142. Powers and duties.

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

17(b) Employment agreement.--

18(1) Council may enter into an employment agreement with
19the borough manager that specifies the terms and conditions
20of employment.

21(2) The employment agreement may remain in effect for a
22specified period terminating no later than two years after
23the effective date of the agreement or the date of the
24organizational meeting of council following the next
25municipal election, whichever shall occurs first.

26(3) An employment agreement entered into under this
27section may specify conditions under which a borough manager
28will be entitled to severance compensation, but in no event
29may the employment agreement guarantee employment through the
30term of the agreement or confer upon the borough manager any

1legal remedy based on specific performance.

2(4) An employment agreement with a borough manager
3executed on or after a municipal election but before the
4first meeting in January the year after the municipal
5election shall be void.

6(5) The council may delegate to the borough manager by
7ordinance and subject to recall, any of the nonlegislative
8and nonjudicial powers and duties of the council, the
9planning commission and the shade tree commission. With
10approval of council, the mayor may delegate to the borough
11manager any of the mayor's nonlegislative and nonjudicial
12powers and duties.

13§ 1143. Other offices not incompatible.

14The offices of borough manager, street commissioner,
15secretary, treasurer and chief of police shall not be
16incompatible, and any two or more or all of offices may be held
17by one person. Neither the mayor nor any member of the council
18shall be eligible to hold the office of borough manager.

19SUBCHAPTER H

20PLANNING COMMISSION

21(Reserved)

22SUBCHAPTER I

23MINE AND QUARRY INSPECTION

24AND SURFACE SUPPORT

25(Reserved)

26SUBCHAPTER J

27CIVIL SERVICE FOR POLICE AND

28FIRE APPARATUS OPERATORS

29Sec.

301170. Definitions.

11171. Appointments of police and fire apparatus operators.

21172. Civil service commission.

31173. Offices incompatible with civil service commissioner.

41174. Organization of commission.

51175. Clerks, supplies and solicitor.

61176. Rules and regulations.

71177. Minutes and records.

81178. Investigations.

91179. Subpoenas.

101180. Annual report.

111181. General provisions relating to examinations.

121182. Application for examination.

131183. Rejection of applicant and hearing.

141184. Eligibility list and manner of filling appointments.

151185. Age and residency of applicants.

161186. Probationary period.

171187. Provisional appointments.

181188. Promotions.

191189. Physical and psychological medical examination.

201190. Removals.

211191. Hearings on dismissals and reductions.

221192. Employees exempted.

231193. Discrimination on account of political or religious
24affiliations.

251194. Penalty.

26§ 1170. Definitions.

27The following words and phrases when used in in this
28subchapter shall have the meanings given to them in this section
29unless the context clearly indicates otherwise:

30"Fire apparatus operator." A person who operates fire

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

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

12(1) Special police appointed by the mayor to act in
13emergencies.

14(2) A person appointed solely for parking meter
15enforcement duties.

16(3) Special school police.

17(4) Extra police serving from time to time or on an
18hourly or daily basis.

19(5) An auxiliary policeman appointed under the act of
20January 14, 1952 (1951 P.L.2016, No.561), entitled "An act
21providing for supplementing the police forces of cities,
22boroughs, towns and townships, for the appointment, powers
23and control of auxiliary police therein, and for the transfer
24during disasters and emergencies of such auxiliary police,
25members of the regular police forces, and police equipment
26thereof."

27§ 1171. Appointments of police and fire apparatus operators.

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

30(1) a borough that has a police force of less than three

1members;

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

5(3) a volunteer fire department or company that employs
6its own operators; or

7(4) a borough that has less than three salaried fire
8apparatus operators.

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

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

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

22(e) Retirement.--Nothing in this subchapter shall apply to
23retirement, nor shall anything in this subchapter be construed
24to prevent a borough from adopting a compulsory retirement age
25for its employees or for any class of employees and from
26retiring all employees automatically when they reach that age.

27§ 1172. Civil service commission.

28(a) Establishment.--A civil service commission is
29established in each borough where a police force or paid fire
30apparatus operators are maintained.

1(b) Membership and terms.--The commission shall consist of
2three commissioners who shall be qualified electors of the
3borough and appointed by the council initially to serve for the
4terms of two, four and six years. As terms expire, the
5commissioners shall be appointed for terms of six years.

6(c) Vacancies.--A vacancy occurring in the commission for
7any reason shall be filled by the council for the unexpired term
8within the period of 30 days after the vacancy occurs.

9(d) Alternate members.--

10(1) Council may appoint no more than three qualified
11electors of the borough to serve as alternate members of the
12commission. The term of office of the alternate members shall
13be six years.

14(2) If seated under section 1174 (relating to
15organization of commission), an alternate shall be entitled
16to participate in all proceedings and discussions of the
17commission to the same and full extent as provided by law for
18commission members, including specifically the right to cast
19a vote as a voting member during the proceedings, and shall
20have all the powers and duties specified in this part and as
21otherwise provided by law.

22(3) An alternate member may not hold another office in
23the borough.

24(4) An alternate may participate in any proceeding or
25discussion of the commission but may not vote as a member of
26the commission unless designated as a voting alternate member
27under section 1174.

28(e) Oath or affirmation of office.--Each member of the
29commission, before entering upon the discharge of the duties of
30office, shall take an oath or affirmation of office under 53

1Pa.C.S. § 1141 (relating to form of oaths of office).

2(f) Compensation prohibited.--The civil service
3commissioners shall receive no compensation.

4§ 1173. Offices incompatible with civil service commissioner.

5No commissioner shall at the same time hold an elective or
6appointed office under the Federal Government, this Commonwealth
7or any political subdivision of the Commonwealth, except that
8one member of the commission may be a member of the council and
9one may be a member of the teaching profession.

10§ 1174. Organization of commission.

11(a) General rule.--The commission first appointed shall
12organize within ten days of its appointment and shall elect one
13of its members as the chair and one as the secretary. The
14commission shall meet and organize on the first Monday of each
15even-numbered year. Each commissioner shall be notified in
16writing of each and every meeting.

17(b) Quorum.--Three members of the commission shall
18constitute a quorum. If, by reason of absence or
19disqualification of a member a quorum is not reached, the chair
20shall designate as many alternate members of the commission to
21sit on the commission as may be needed to provide a quorum.

22(c) Alternate members.--

23(1) An alternate member of the commission shall continue
24to serve on the commission in all proceedings involving the
25matter or case for which the alternate was initially
26designated until the commission has made a final
27determination of the matter or case.

28(2) Designation of an alternate member under this
29section shall be made on a case-by-case basis in rotation
30according to declining seniority among the alternates.

1(d) Validity of commission action.--No action of the
2commission may be valid unless it shall have the concurrence of
3at least two members.

4§ 1175. Clerks, supplies and solicitor.

5The borough shall:

6(1) Furnish to the commission, on its requisition,
7clerical assistance that may be necessary for the work of the
8commission.

9(2) Provide a suitable and convenient room for the use
10of the commission. The commission shall order from the
11borough the necessary stationery, postage, printing and
12supplies.

13(3) Provide the services of a solicitor for the
14commission to be appointed by the commission and paid by the
15borough. The borough may place a reasonable limit on the
16amount allowed each year for the services of the commission
17solicitor.

18(4) Through its elected and appointed officials, aid the
19commission in all proper ways in carrying out the provisions
20of this subchapter relating to civil service.

21§ 1176. Rules and regulations.

22(a) General rule.--The commission may prescribe, amend and
23enforce rules and regulations for carrying into effect this
24subchapter and shall be governed by the rules and regulations.
25Before the effective date of the rules and regulations or
26amendments to them, they shall be first approved by council. If
27the rules and regulations or amendments have been approved, they
28shall not be annulled, amended or added to without the approval
29of council.

30(b) Public distribution and inspection.--All rules and

1regulations and modifications shall be made available by the
2borough for public distribution or inspection.

3§ 1177. Minutes and records.

4The commission shall maintain minutes of its proceedings and
5records of examinations and other official actions. All
6recommendations of applicants for appointment received by the
7commission shall be kept and preserved for a period of five
8years, and all records and all written causes of removal filed
9with the commission, except as otherwise provided in section
101191 (relating to hearings on dismissals and reductions), shall
11be open to public inspection and subject to reasonable
12regulation.

13§ 1178. Investigations.

14The commission may conduct investigations concerning all
15matters touching the administration and enforcement of this
16subchapter and rules and regulations adopted under this
17subchapter. The chair of the commission may administer oaths and
18affirmations in connection with the investigations.

19§ 1179. Subpoenas.

20(a) General rule.--The commission may issue subpoenas over
21the signature of the chair to require the attendance of
22witnesses and the production of records and papers pertaining to
23any investigation or inquiry. The fees of witnesses for
24attendance and travel shall be the same as for witnesses
25appearing in the courts and shall be paid from appropriations
26for the incidental expenses of the commission.

27(b) Persons required to attend.--All officers in public
28service and employees shall attend and testify if required to do
29so by the commission.

30(c) Penalty for violation.--If any person refuses or

1neglects to obey a subpoena issued by the commission, the person
2shall, upon conviction, be sentenced to pay a fine not to exceed
3$100 and, in default of the payment of the fine and costs, shall
4be imprisoned for a term not to exceed 30 days.

5(d) Petition to court.--If a person refuses or neglects to
6obey a subpoena issued by the commission, the commission may
7apply by petition to the court of common pleas of the county for
8its subpoena requiring the attendance of the person before the
9commission or the court to testify and to produce any records
10and papers necessary and, if the person defaults, the person
11shall be held in contempt of court.

12§ 1180. Annual report.

13The commission shall make an annual report to the council
14containing a brief summary of its work during the year which
15shall be available for public inspection.

16§ 1181. General provisions relating to examinations.

17(a) Rules and regulations.--

18(1) The commission shall make rules and regulations, to
19be approved as provided in section 1176 (relating to rules
20and regulations), providing for the examination of applicants
21for positions in the police force and as paid fire apparatus
22operators and for promotions, which rules and regulations
23shall prescribe the minimum qualifications of all applicants
24to be examined and the passing grades.

25(2) All examinations for positions or promotions shall
26be practical in character and shall relate to matters and
27include inquiries as will fairly test the merit and fitness
28of the persons examined to discharge the duties of the
29employment sought by them.

30(3) All examinations shall be open to all applicants who

1have the minimum qualifications required by the rules and
2regulations.

3(4) Each applicant for an original position shall:

4(i) Be subject to the regulations adopted by the
5commission.

6(ii) Either before or after the written examination,
7submit to a physical fitness or agility examination that
8is job related and consistent with business necessity.

9(iii) If made a conditional offer of employment, be 
10given a physical and psychological medical examination as
11provided in section 1189 (relating to physical and 
12psychological medical examination).

13(iv) Be subject to a background investigation.
14Background investigations may be restricted to those
15candidates on an eligibility list or those to be
16certified to council for appointment in accordance with
17section 1184 (relating to eligibility list and manner of
18filling appointments).

19(a.1) Promotions.--

20(1) An applicant for promotion shall be subject to the
21regulations adopted by the commission and to examination and
22selection in accordance with section 1188 (relating to
23promotions).

24(2) A physical fitness or agility examination that is
25job related and consistent with business necessity and
26physical and psychological medical examinations may, but need
27not, be required for a promotion.

28(b) Public notice.--Public notice of the time and place of
29every examination, together with the information as to the kind
30of position to be filled, shall be given by publication once in

1a newspaper of general circulation, at least two weeks prior to
2each examination, and a copy of the notice shall be prominently
3posted in the office of the commission or other public place.

4(c) Posting of eligibility list.--The commission shall post
5in its office the eligibility list containing the names and
6grades of those who have passed the examination.

7§ 1182. Application for examination.

8A person who desires to apply for examination must file with
9the commission a formal application in which the applicant shall
10provide, under oath or affirmation, the following information:

11(1) Full name and residence or post office address.

12(2) Citizenship and place and date of birth.

13(3) Condition of health and physical capacity for public
14service.

15(4) Business or employment and the applicant's residence
16for the past five years.

17(5) Other information as may be required by the
18commission's rules and regulations, showing the applicant's
19qualifications for the position for which the applicant is
20being examined.

21§ 1183. Rejection of applicant and hearing.

22(a) General rule.--The commission may refuse to examine or,
23if examined, may refuse to certify after examination as eligible
24any applicant who:

25(1) is found to lack any of the minimum qualifications
26for examination prescribed in the rules and regulations
27adopted for the position or employment for which the
28applicant has applied;

29(2) is physically unfit for the performance of the
30duties of the position to which the applicant seeks

1employment;

2(3) is illegally using a controlled substance, as 
3defined in section 102 of the Controlled Substances Act 
4(Public Law 91-513, 21 U.S.C. § 802);

5(4) has been guilty of any crime involving moral
6turpitude or of infamous or notoriously disgraceful conduct;

7(5) has been dismissed from public service for
8delinquency or misconduct of office; or

9(6) is affiliated with any group whose policies or
10activities are subversive to the form of government
11enumerated in the Constitutions and laws of the United States
12and this Commonwealth.

13(b) Hearing requirements.--

14(1) If an applicant is aggrieved by the refusal of the
15commission to certify the applicant as eligible after
16examination or a person is aggrieved by refusal of the
17commission to examine the person, the commission shall, at
18the request of the applicant or person aggrieved, within ten
19days, appoint a time and place for a public hearing.

20(2) At the hearing, the applicant or person aggrieved
21may appear with or without counsel, and the commission shall
22take testimony and review its refusal to provide examination
23or certification.

24(3) The deliberations of the commission, including
25interim rulings on evidentiary or procedural issues, may be
26held in the nature of a closed executive session.

27(4) The commission's disposition of the matter shall
28constitute official action which shall occur at a public
29meeting held under 65 Pa.C.S. Ch. 7 (relating to open
30meetings).

1(5) The decision of the commission shall be final.

2§ 1184. Eligibility list and manner of filling appointments.

3(a) Ranking of candidates.--

4(1) At the completion of the testing process, including
5a physical agility or other examination, with the exception
6of a background investigation to be conducted after the
7establishment of an eligibility list and physical and
8psychological medical examination under section 1189
9(relating to physical and psychological medical examination),
10the commission shall rank the candidates who have satisfied
11the minimum requirements for appointment on an eligibility
12list.

13(2) The eligibility list shall contain the names of
14individuals eligible for appointment listed from highest to
15lowest based on their scores on the examinations administered
16by the commission and any points for which an applicant was
17entitled by virtue of 51 Pa.C.S. Ch. 71 (relating to
18veterans' preference).

19(3) The eligibility list will be valid for one year from 
20the date the commission formally adopts the eligibility list.

21(4) Prior to expiration of the one-year period, the 
22commission may extend the validity of the eligibility list 
23for up to an additional 12 months by a majority vote of the 
24commission at a duly authorized commission meeting.

25(5) In the absence of a lawful extension by the
26commission under paragraph (4), the list shall expire.

27(b) Procedure for filling positions.--Except as provided in
28subsection (c), every original position or employment in the
29police force or as paid fire apparatus operators, except that of
30chief of police or chief of the fire department, or equivalent,

1shall be filled only in the following manner:

2(1) The council shall notify the commission of any
3vacancy which is to be filled and shall request the
4certification of an eligibility list.

5(2) The commission shall certify for each existing
6vacancy from the eligibility list the names of the three
7persons or a lesser number, if three are not available, who
8have received the highest average.

9(3) The council shall make a conditional appointment
10from the three names certified, based solely on the merits
11and fitness of the candidates, unless council makes
12objections to the commission regarding one or more of the
13certified persons for any of the reasons stated in section
141183 (relating to rejection of applicant and hearing).

15(4) If the objections are sustained by the commission as
16provided in section 1183 or the conditional appointee is
17determined to be unqualified in accordance with the
18procedures specified in section 1189, the commission shall
19strike the name of the person from the eligibility list and
20certify the next highest name for each name stricken from the
21eligibility list.

22(5) As each subsequent vacancy occurs in the same or
23another position, the same procedure shall be followed.

24(c) Vacancies in existing positions.--

25(1) Any vacancy in an existing position in the police
26force or as a paid fire apparatus operator which occurs as a
27result of retirement, resignation, disability or death may be
28filled by council by the reappointment or reinstatement of a
29former employee of the police force or fire department who
30had previously complied with this section.

1(2) No examination, other than a physical examination as
2directed by the civil service commission, shall be required
3in any case of reappointment or reinstatement.

4(d) Vacancies in certain offices.--

5(1) In the case of a vacancy in the office of chief of
6police or chief of the fire department, or equivalent
7official, the council may nominate a person to the
8commission.

9(2) The commission shall subject the nominated person to
10a noncompetitive examination and, if the person is certified
11by the commission as qualified, the person may then be
12appointed to the position and shall be subject to this
13subchapter.

14§ 1185. Age and residency of applicants.

15No person shall be eligible to apply for examination unless
16the person is at least 18 years of age at the date of
17application. An applicant need not be a resident of the borough.
18The council of the borough may authorize the commission, by rule
19or regulation, to require police officers and paid fire
20apparatus operators to become residents of the borough after
21appointment to the positions.

22§ 1186. Probationary period.

23(a) General rule.--An original appointment to a position in
24the police force or as a paid fire apparatus operator shall be
25for a probationary period of not less than six months and not
26more than one year, but during the probationary period an
27appointee may be dismissed only for a cause specified in section
281183 (relating to rejection of applicant and hearing) or because 
29of incapacity for duty due to the use of alcohol or drugs.

30(b) Notice denying permanent appointment.--

1(1) If, at the close of a probationary period, the
2conduct or fitness of the probationer has not been
3satisfactory to the council, the probationer shall be
4notified in writing that the probationer will not receive a
5permanent appointment and the appointment shall cease.

6(2) If the probationer is not notified or dismissed in
7accordance with this section, the probationer's retention
8shall be equivalent to a permanent appointment.

9(c) Finality of decision.--The decision of a borough to
10suspend or discharge a probationer shall be final and shall not
11be subject to the hearing provisions of section 1191 (relating
12to hearings on dismissals and reductions).

13§ 1187. Provisional appointments.

14(a) General rule.--If there are urgent reasons for the
15filling of a vacancy in a position in the police force and there
16are no names on the eligibility list for the appointment, the
17council may nominate a person to the commission for
18noncompetitive examination, and, if the nominee shall be
19certified by the commission as qualified after noncompetitive
20examination, the nominee may be appointed provisionally to fill
21the vacancy.

22(b) Competitive examination required.--

23(1) Within three weeks of the provisional appointment,
24the commission shall hold a competitive examination and
25certify an eligibility list. A regular appointment shall then
26be made from the name or names submitted by the commission.

27(2) Nothing in this section shall be construed to
28prevent the appointment, without examination, of persons
29temporarily as police officers in cases of riot or other
30emergencies or as fire apparatus operators in emergency

1cases.

2§ 1188. Promotions.

3(a) General rule.--A promotion shall be based on merit to be
4ascertained by an examination to be prescribed by the
5commission. All questions relative to a promotion shall be
6practical in character and fairly test the merit and fitness of
7persons seeking promotion.

8(b) Notification of vacancy.--Council shall notify the
9commission of a vacancy in the police force or as a paid fire
10apparatus operator in the borough which is to be filled by
11promotion and shall request the certification of an eligibility
12list.

13(c) Certification required.--

14(1) The commission shall certify for each vacancy the
15names of three persons on the eligibility list who have
16received the highest average in the last preceding
17promotional examination held within a period of two years
18preceding the date of the request for the eligibility list.

19(2) If three names are not available, the commission
20shall certify the names remaining on the eligibility list.

21(3) The council shall make an appointment from the names
22certified, based solely on the merits and fitness of the
23candidate, unless council makes objections to the commission
24regarding one or more of the persons so certified for any
25reason provided under section 1183 (relating to rejection of
26applicant and hearing).

27(d) Increase in salary as promotion.--The council may
28determine in each instance whether an increase in salary
29constitutes a promotion.

30§ 1189. Physical and psychological medical examination.

1(a) Conditional offer of employment.--

2(1) An applicant selected from the eligibility list
3shall receive a conditional offer of employment. The offer of
4employment shall be conditioned upon the conditional
5appointee undergoing a physical and psychological medical
6examination and a determination that the conditional
7appointee is capable of performing all the essential
8functions of the position.

9(2) Physical medical examinations shall be conducted
10under the direction of a physician or other qualified medical
11professional.

12(3) Psychological medical examinations shall be
13conducted under the direction of a psychiatrist or
14psychologist.

15(b) Opinion to be rendered.--The physician, other qualified
16medical professional, psychiatrist or psychologist must be
17appointed by council and shall render an opinion as to whether
18the conditional appointee has a physical or mental condition
19which calls into question the person's ability to perform all of
20the essential functions of the position for which the person was
21conditionally appointed.

22(c) Interactive discussion with conditional appointee.--If
23the opinion rendered by the physician, other qualified medical
24professional, psychiatrist or psychologist calls into question
25the conditional appointee's ability to perform all essential
26functions of a position, the person designated by council shall
27meet with the conditional appointee for the purpose of having
28one or more interactive discussions on whether the conditional
29appointee can, with or without reasonable accommodation, perform
30all the essential functions of the position.

1(d) Written notice after interactive discussion.--If, at the
2conclusion of the interactive discussion conducted under
3subsection (c), council determines that the conditional
4appointee is not qualified, council shall give written notice to
5the conditional appointee and the commission.

6(e) Construction.--Nothing in this part shall be construed
7to authorize physical or psychological medical examinations
8prior to conditional appointment.

9(f) Definitions.--The following words and phrases used in 
10this section shall have the meanings given to them in this 
11subsection unless the context clearly indicates otherwise:

12"Medical examination." An examination, procedure, inquiry or 
13test designed to obtain information about medical history or a 
14physical or mental condition which might disqualify an applicant 
15for a position if it would prevent the applicant from 
16performing, with or without a reasonable accommodation, all of 
17the essential functions of the position.

18"Physician." The term shall have the meaning given to it
19under 1 Pa.C.S. § 1991 (relating to definitions).

20"Qualified medical professional." An individual, in
21collaboration with or under the supervision or direction of a
22physician, as may be required by law, who is licensed:

23(1) as a physician assistant under the act of December
2420, 1985 (P.L.457, No.112), known as the Medical Practice Act
25of 1985, or the act of October 5, 1978 (P.L.1109, No.261),
26known as the Osteopathic Medical Practice Act; or

27(2) as a certified registered nurse practitioner under
28the act of May 22, 1951 (P.L.317, No.69), known as The
29Professional Nursing Law.

30§ 1190. Removals.

1(a) General rule.--No person employed in any police or fire
2force of any borough may be suspended without pay, removed or
3reduced in rank except for the following reasons:

4(1) Physical or mental disability affecting the person's
5ability to continue in service, in which cases the person
6shall receive an honorable discharge from service.

7(2) Neglect or violation of any official duty.

8(3) Violation of any law if the violation constitutes a
9misdemeanor or felony.

10(4) Inefficiency, neglect, intemperance, immorality,
11disobedience of orders or conduct unbecoming of an officer.

12(5) Intoxication while on duty.

13(6) Engaging or participating in the conduct of a
14political or election campaign while on duty or in uniform or
15while using borough property otherwise than to exercise the
16person's own right of suffrage.

17(7) Engaging or participating in the conduct of a
18political or election campaign for an incompatible office as
19provided in section 1104(f) (relating to appointments and
20incompatible offices).

21(b) Restriction.--A person employed by a police or fire
22force shall not be removed for religious, racial or political
23reasons.

24(c) Statement of charges.--A written statement of charges
25made against a person shall be furnished to the person within
26five days after the statement of charges is filed. The person
27shall have ten days from the date of receiving the notice to
28submit a written request for a hearing to the civil service
29commission under section 1191 (relating to hearings on
30dismissals and reductions).

1(d) Furlough.--If, for reasons of economy or other reasons,
2it shall be deemed necessary by any borough to reduce the number
3of paid employees of the police or fire force, the borough shall
4furlough the person, including a probationer, last appointed to
5the respective force. The removal shall be accomplished by
6furloughing in numerical order commencing with the person last
7appointed until the reduction shall have been accomplished. In
8the event the police force or fire force shall again be
9increased, the employees furloughed shall be reinstated in the
10order of their seniority in the service. This subsection as to
11reductions in force is not applicable to a chief of police.

12§ 1191. Hearings on dismissals and reductions.

13(a) Time of answer and hearing.--A person suspended, removed
14or reduced in rank may make written answers to any charges filed
15against the person not later than the day scheduled for the
16hearing. The commission shall grant the person a hearing that
17shall be held within a period of ten days from the filing of
18written charges, unless continued by the commission for cause at
19the request of the council or the accused. The failure of the
20commission to hold a hearing within ten days from the filing of
21the written charges shall not result in the dismissal of the
22charges filed.

23(b) Conduct of hearing.--At any hearing, the person against
24whom the charges are made may be present in person and by
25counsel. The council may suspend the person, without pay,
26pending the determination of the charges against the person,
27but, in the event the commission fails to uphold the charges,
28the person sought to be suspended, removed or reduced in rank
29shall be reinstated with full pay for the period during which
30the person was suspended, removed or reduced in rank, and no

1charges shall be officially recorded against the person's
2record. A stenographic record of all testimony taken at the
3hearings shall be filed with and preserved by the commission,
4which record shall be sealed and not be available for public
5inspection in the event the charges are dismissed.

6(c) Appeal.--All parties shall have an immediate right of
7appeal to the court of common pleas of the county, and the case
8shall there be determined as the court deems proper. No order of
9suspension made by the commission may be for a longer period
10than one year. The appeal shall be taken within 30 days from the
11date of entry by the commission of its final order and shall be
12by petition. Upon the appeal being taken and docketed, the court
13of common pleas shall schedule a day for a hearing and shall
14proceed to hear the appeal on the original record and additional
15proof or testimony as the parties concerned may desire to offer
16in evidence. The decision of the court affirming or revising the
17decision of the commission shall be final, and the employee
18shall be suspended, discharged, reduced in rank or reinstated in
19accordance with the order of court.

20(d) Proceedings.--The council and the person sought to be
21suspended, removed or reduced in rank shall at all times have
22the right to employ counsel before the commission and upon
23appeal to the court of common pleas. Unless the council or the
24person sought to be suspended, removed or reduced in rank
25requests that the proceedings before the commission be open to
26the public, the proceedings before the commission under this
27section shall be held in the nature of a closed executive
28session that shall not be open to the public. The request shall
29be presented to the commission before the civil service hearing
30commences. The deliberations of the commission, including

1interim rulings on evidentiary or procedural issues, may be held
2in private and shall not be subject to a request for being open
3to the public, the council or the person sought to be suspended,
4removed or reduced in rank. The commission's disposition of the
5disciplinary action shall constitute official action which shall
6occur at a public meeting held pursuant to 65 Pa.C.S. Ch. 7
7(relating to open meetings).

8§ 1192. Employees exempted.

9All appointments in the police or fire forces of boroughs,
10including the chief of police or equivalent official, prior to
11the creation of a commission, shall continue to hold their
12positions and shall not be required to take any examination
13under the provisions of this subchapter, except that which may
14be required for promotion. This section shall not be construed
15to apply to persons employed temporarily in emergency cases.

16§ 1193. Discrimination on account of political or religious
17affiliations.

18(a) Information.--No question in any form of application for
19examination or in any examination shall be so framed as to
20elicit information concerning the political or religious
21opinions or affiliations of any applicant nor shall inquiry be
22made concerning the opinions or affiliations, and all
23disclosures of opinions or affiliations shall be ignored.

24(b) Prohibition.--No discrimination shall be exercised,
25threatened or promised by any person against or in favor of any
26applicant or employee because of political or religious opinions
27or affiliations or race, and no offer or promise or reward,
28favor or benefit, directly or indirectly, shall be made to or
29received by any person for any act done or duty omitted or to be
30done under this subchapter.

1§ 1194. Penalty.

2A member of council who, by vote, appoints any person to the
3police force or as a fire apparatus operator contrary to the
4provisions of this subchapter, or a member of council or member
5of the commission who willfully refuses to comply with or
6conform to the provisions of this subchapter, commits a
7misdemeanor and, upon conviction, shall be sentenced to pay a
8fine not exceeding $100 or to imprisonment not exceeding 90
9days, or both.

10SUBCHAPTER K

11INDEPENDENT AUDITOR

12(Reserved)

13CHAPTER 12

14CORPORATE POWERS

15Sec.

161201. General powers.

171201.1. Real property.

181201.2. Personal property.

191201.3. Exceptions.

201202. Specific powers.

211203. Reserved powers.

22§ 1201. General powers.

23A borough may:

24(1) Have succession perpetually by its corporate name.

25(2) Sue and be sued and complain and defend in the
26courts of this Commonwealth.

27(3) Make and use a common seal and alter the same at its
28discretion.

29(4) Purchase, exchange, acquire by gift or otherwise,
30hold, lease, let and convey, by sale or lease, real and

1personal property deemed to be in the best interest of the
2borough, subject to the restrictions, limitations or
3exceptions as set forth in this chapter.

4§ 1201.1. Real property.

5(a) Sale.--No real estate owned by the borough may be sold
6except upon approval of council by resolution. Additionally, no
7real estate owned by the borough may be sold for a consideration
8in excess of $1,500, except to the highest bidder after due
9notice by advertisement for bids or advertisement of a public
10auction.

11(a.1) Advertisement.--The advertisement shall be published
12once in one newspaper of general circulation not less than ten
13days prior to the date scheduled for the opening of bids or
14public auction. The date for opening bids or public auction
15shall be announced in the advertisement.

16(a.2) Award of contracts.--The award of contracts shall be
17made only by public announcement at a regular or special meeting
18of council or at the public auction. All bids shall be accepted
19on the condition that payment of the purchase price in full
20shall be made within 60 days of the acceptance of bids. If no
21compliant bids are received after advertisement, the applicable
22procedures in the act of October 27, 1979 (P.L.241, No.78),
23entitled, "An act authorizing political subdivisions,
24municipality authorities and transportation authorities to enter
25into contracts for the purchase of goods and the sale of real
26and personal property where no bids are received," shall be
27followed.

28(b) Rejection of bids.--The council shall have the authority
29to reject all bids if the bids are deemed to be less than the
30fair market value of the real property. In the case of a public

1auction, the council may establish a minimum bid based on the
2fair market value of the real property.

3(c) Exception.--Real estate owned by a borough may be sold
4at a consideration of $1,500 or less without advertisement or
5competitive bidding only after council estimates the value of
6the property upon receipt of an appraisal by a qualified real
7estate appraiser.

8(d) Exchange of real property.--

9(1) Notwithstanding this section, council shall have the
10authority to exchange real property for real property of
11equal or greater value without complying with this section,
12if the property being acquired by the borough is to be used
13for municipal purposes. Municipal purposes as used in this
14subsection include a subsequent sale or lease of the property
15to any of the entities listed in section 1201.3 (relating to
16exceptions).

17(2) Any conveyance of real property acquired in an
18exchange to an entity listed in section 1201.3 may contain a
19clause under which the lands and buildings will revert to the
20borough if they are no longer being used for the purposes of
21the entity.

22(3) If council chooses to exercise its power of real
23property exchange under this section, it shall be by
24resolution adopted by council. Notice of the resolution,
25including a description of the properties to be exchanged,
26shall be published once in one newspaper of general
27circulation not more than 60 days nor fewer than seven days
28prior to adoption.

29(4) Participation in a real property exchange shall not
30prohibit the application of the requirements of the act of

1October 4, 1978 (P.L.851, No.166), known as the Flood Plain
2Management Act.

3§ 1201.2. Personal property.

4(a) Sale.--Except as provided in subsection (b), no borough
5personal property may be disposed of, by sale or otherwise,
6except upon approval of council by resolution. In cases when
7council approves a sale of the property, council shall estimate
8the fair market value of the entire lot to be disposed of. If
9council estimates the fair market value to be $1,000 or more,
10the entire lot shall be advertised for sale once in at least one
11newspaper of general circulation not less than ten days prior to
12the date scheduled for the opening of bids or public auction.
13The date of opening of bids or public auction shall be announced
14in the advertisement, and sale of the property advertised shall
15be made to the best responsible bidder.

16(a.1) Electronic auction sale.--A public auction of personal 
17property may be conducted by means of an online or electronic 
18auction sale. During an electronic auction sale, bids shall be 
19accepted electronically at the time and in the manner designated 
20in the advertisement. During the electronic auction, each bidder 
21shall have the capability to view the bidder's bid rank or the 
22high bid price. Bidders may increase their bid prices during the 
23electronic auction. The record of the electronic auction shall 
24be accessible for public inspection. The purchase price shall be 
25paid by the highest bidder immediately or at a reasonable time 
26after the conclusion of the electronic auction as determined by 
27council. In the event that shipping costs are incurred, they 
28shall be paid by the highest bidder. A borough that has complied 
29with the advertising requirements of this section may provide 
30additional public notice of the sale by bids or public auction
 

1in any manner deemed appropriate by council. The advertisement 
2for electronic auction sales authorized in this paragraph shall 
3include the Internet address or means of accessing the 
4electronic auction and the date, time and duration of the 
5electronic auction.

6(a.2) Rejection of bids.--Council may reject any bids
7received if the bids are believed to be less than the fair
8market value of the property. If no bids are received after
9advertisement, the applicable procedures in the act of October
1027, 1979 (P.L.241, No.78), entitled, "An act authorizing
11political subdivisions, municipality authorities and
12transportation authorities to enter into contracts for the
13purchase of goods and the sale of real and personal property
14where no bids are received," shall be followed.

15(b) Exception for small value sales.--Council shall, by
16resolution, adopt a procedure for the sale of surplus personal
17property, either individual items or lots of items, of an
18estimated fair market value of less than $1,000. The approval of
19council shall not be required for any individual sale that shall
20be made in conformity to the procedure.

21(c) Exchange of personal property.--This section shall not
22be mandatory when borough personal property is to be traded in
23or exchanged for new or used personal property being acquired by
24the borough, except that the trade or exchange shall be by
25resolution.

26§ 1201.3. Exceptions.

27(a) Sale of property.--Nothing under this chapter requiring
28advertising for bids or sale at public auction and sale to the
29highest bidder shall apply if borough real or personal property
30is to be sold to any of the following:

1(1) A county, city, borough, town, township, institution
2district, school district, volunteer fire company, volunteer
3ambulance service or volunteer rescue squad located within
4the borough.

5(2) A council of government, consortium, cooperative or
6other similar entity created pursuant to 53 Pa.C.S. Ch. 23 
7Subch. A (relating to intergovernmental cooperation).

8(3) An authority as defined in 53 Pa.C.S. § 5602
9(relating to definitions).

10(4) A nonprofit corporation engaged in community
11development or reuse only upon entering into a written
12agreement with the nonprofit corporation that requires the
13property to be used for industrial, commercial or affordable
14housing purposes. This exemption shall not apply to property
15on which existing governmental functions are conducted. This
16exemption shall also not apply to property owned and operated
17by the borough or subcontracted or operated on behalf of the
18borough in order to conduct existing government functions.

19(5) A person for the person's exclusive use in an
20industrial development program.

21(6) A nonprofit corporation organized as a public
22library for its exclusive use as a library.

23(7) A nonprofit medical service corporation as
24authorized under section 1202(50) (relating to specific
25powers).

26(8) A nonprofit housing corporation as authorized by
27section 1202(51).

28(9) The Federal Government or the Commonwealth.

29(10) A nonprofit museum or historical society for its
30exclusive use as a nonprofit museum or historical society.

1(b) Sales to certain nonprofit corporations.--When real
2property is to be sold to a nonprofit corporation organized as a
3public library for its exclusive use as a library or to a
4nonprofit medical service corporation or to a nonprofit housing
5corporation, council may elect to accept nominal consideration
6for the sale as it shall deem appropriate.

7(c) Reversion.--Real property sold under this section to a
8volunteer fire company, volunteer ambulance service or volunteer
9rescue squad, nonprofit medical service corporation or nonprofit
10housing corporation shall be subject to the condition that when
11the property is not used for the purposes of the company,
12service, squad or corporation the property shall revert to the
13borough.

14§ 1202. Specific powers.

15The powers of the borough shall be vested in the council. In
16the exercise of any specific powers involving the enactment of
17an ordinance or the making of any regulation, restriction or
18prohibition, the borough may provide for enforcement and
19penalties for violations. The specific powers of the borough
20shall include the following:

21(1) To prescribe reasonable fees for the services of the
22borough's officers and to enforce the payment of the fees.
23This paragraph shall not be applicable to the services
24rendered by borough police officers in responding to motor
25vehicle accidents pursuant to 53 Pa.C.S. § 1392 (relating to
26prohibition of fees for police services).

27(2) In the operation of its utilities, parking meters,
28parking lots, recreational facilities and other facilities
29and services, to make and regulate charges for them for
30general borough purposes.

1(3) To impose fines and penalties, incurring partial or
2total forfeiture, or to remit the same.

3(4) To prohibit and remove any nuisance or dangerous
4structure on public or private grounds, including, but not
5limited to, accumulations of garbage and rubbish, the storage
6of abandoned or junked automobiles and obstructions or
7nuisances in the streets of the borough. The borough may
8require the removal of any nuisance or dangerous structure by
9the owner or occupier of the grounds or remove the nuisance
10or dangerous structure itself and collect the cost of
11removal, together with a penalty of 10% of the cost, in the
12manner provided by law for the collection of municipal
13claims, or by action of assumpsit, or the borough may seek
14relief by bill in equity.

15(5) To make regulations as may be necessary for the
16health, safety, morals, general welfare and cleanliness and
17beauty, convenience, comfort and safety of the borough.

18(6) To make regulations respecting vaults, cesspools and
19drains.

20(7) To make regulations relative to the accumulation of
21manure, compost and the like to the extent authorized by 3
22Pa.C.S. Ch. 5 (relating to nutrient management and odor
23management).

24(8) To provide for garbage and other refuse material as
25follows:

26(i) To prohibit, individually or jointly with other
27municipal corporations pursuant to an agreement,
28accumulations of garbage or other refuse material upon
29public and private property and to make regulations for
30the care, removal and collection of garbage or other

1refuse material, including:

2(A) To provide for the collection and imposition
3of reasonable fees and charges for the collection of
4garbage and other refuse material.

5(B) To erect, operate and maintain refuse
6disposal or incineration facilities or sanitary
7landfills, either within or without the limits of the
8borough, or provide other means for the collection,
9destruction or removal of garbage and other refuse
10material and provide for the payment of the cost or
11expense of the activity, either in whole or in part,
12out of the funds of the borough.

13(C) To purchase real estate for the purpose of
14erecting, operating and maintaining refuse disposal
15or incineration facilities or sanitary landfills if,
16prior to any acquisition of property pursuant to this
17paragraph, the borough, individually or jointly, as
18the case may be, obtains the approval of the court of
19common pleas for the location of the facilities or
20landfill after a hearing and subject to notice as the
21court shall require. If no objections are heard at
22the hearing, the court shall approve the location. If
23any objection is made, the court shall proceed to
24hear the matter and determine whether the location is
25a detriment to neighboring properties. The finding of
26the court shall be conclusive but in no way shall
27adjudicate any question relating to damages for
28injury to property.

29(D) To take and appropriate real estate for
30purposes of refuse disposals or incineration

1facilities or sanitary landfills in accordance with
2Chapter 15 (relating to eminent domain, assessment of
3damages and damages for injury to property) if a
4purchase price cannot first be agreed upon. No real
5estate located outside the limits of the borough or
6outside the limits of the joint municipal
7corporations in the case of a joint effort shall be
8taken and appropriated if the real estate currently
9contains or is being used for a refuse disposal or
10incineration facility or a sanitary landfill.

11(ii) Regulations enacted under this paragraph shall
12be consistent with the act of July 7, 1980 (P.L.380,
13No.97), known as the Solid Waste Management Act, the act
14of July 28, 1988 (P.L.556, No.101), known as the
15Municipal Waste Planning, Recycling and Waste Reduction
16Act, and subject to any other necessary Federal or State
17approval.

18(9) To the extent not otherwise prohibited by the act of
19December 7, 1982 (P.L.784, No.225), known as the Dog Law, to
20destroy dogs found at large contrary to laws of this
21Commonwealth, to prohibit or regulate, by ordinance, the
22running at large of dogs, cats or other pets and, in the
23enforcement of the regulations, to direct the seizure,
24detention or killing of dogs, cats or other pets, prescribing
25reasonable charges for their seizure and detention and to
26provide for their sale for the benefit of the borough in
27default of the redemption of the pet by its owners.

28(10) To enact ordinances prohibiting or regulating the
29keeping or running at large of livestock and fowls and any
30other animals not covered in paragraph (9) and authorizing

1their seizure, detention or, in the case of unowned pigeons,
2humane destruction. The borough may prescribe reasonable
3charges for the seizure and detention of the animals and
4provide for their sale for the benefit of the borough in
5default of the redemption of the animals by their owners.
6Ordinances enacted under this paragraph shall not
7unreasonably interfere with any agricultural operation to the
8extent prohibited by applicable State law.

9(11) To regulate the emission of smoke from chimneys,
10smokestacks and other sources to the extent the regulation is
11not otherwise prohibited by applicable Federal or State law.
12This paragraph shall not apply to locomotive smokestacks.

13(12) To regulate the streets, sewers, public squares,
14common grounds, sidewalks, curbs, gutters, culverts and
15drains, and the heights, grades, widths, slopes and their
16construction, and to prohibit the erection or construction of
17any building or other obstruction to the convenient use of
18the same.

19(13) To prohibit or regulate the riding, driving,
20parking or other passage of any animal or vehicle over, along
21and across sidewalks. As used in this paragraph, the term
22"vehicle" shall include any device in, upon or by which any
23person or property may be transported. The term shall not
24include a self-propelled wheelchair or an electrical mobility
25device operated by and designed for the exclusive use of a
26person with a mobility-related disability.

27(14) To adopt ordinances defining disorderly conduct or
28disturbing the peace within the limits of the borough and to
29provide for the imposition of penalties for the conduct in
30amounts, without limitation except as provided under this
 

1part, as council shall establish, and notwithstanding any
2laws of this Commonwealth upon disorderly conduct or
3disturbing the peace and the penalties.

4(15) To adopt and enforce a construction code, a
5property maintenance code and a fire prevention code and
6exercise any additional reserved powers pursuant to Chapter
732A (relating to uniform construction code, property
8maintenance code and reserved powers).

9(16) To prohibit and regulate the smoking or carrying of
10lighted cigarettes, cigars, pipes or matches and the use of
11matches or fire-producing devices. An ordinance enacted or
12regulation or resolution adopted under this paragraph shall
13not regulate smoking in a manner that conflicts with the act
14of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor
15Air Act.

16(17) To provide for fireworks and inflammable articles
17as follows:

18(i) To regulate and prohibit, by ordinance, the
19manufacture of fireworks or inflammable or dangerous
20articles.

21(ii) To grant permits for supervised public displays
22of fireworks and adopt rules and regulations governing
23the displays.

24(iii) To adopt, by ordinance, rules and regulations
25not inconsistent with State regulations relating to the
26storage of inflammable articles.

27(iv) To impose, by ordinance, other safeguards
28concerning inflammable articles as may be necessary.

29(18) To require and regulate the numbering of buildings
30and lots.

1(19) To make regulations respecting partition fences and
2the foundations and party walls of buildings.

3(20) To provide for the prohibition, licensing and
4regulation of business as follows:

5(i) In addition to licensing in accordance with
6Chapter 29 (relating to licenses and license fees), to
7prohibit, license and regulate by ordinance the
8following:

9(A) The carrying on of any manufacture, art,
10trade or business which may be noxious or offensive
11and prejudicial to the public health or safety of the
12inhabitants.

13(B) The establishment and maintenance of junk
14yards, salvage yards and other places used and
15maintained for the collection, storage and disposal
16of used or second-hand goods and materials.

17(C) With respect to marketplaces:

18(I) regulate markets whether for individual
19use or for resale;

20(II) purchase and own ground;

21(III) erect, establish and maintain
22marketplaces for which purposes parts of a street
23or sidewalk may be temporarily used;

24(IV) contract with a person or association
25of persons, companies or corporations for the
26erection, maintenance and regulation of
27marketplaces, on terms and conditions, and in a
28manner, as the council may prescribe;

29(V) provide and enforce suitable regulations
30respecting marketplaces;

1(VI) provide for the payment of the cost or
2expense of marketplaces, either in whole or in
3part, out of the funds of the borough; and

4(VII) levy and collect a suitable license
5fee from every person who may be authorized by
6council to occupy any portion of marketplaces or
7any portion of the streets or sidewalks for
8temporary market purposes.

9(ii) Notwithstanding subparagraph (i), boroughs may
10prohibit, license and regulate businesses unless
11prohibited by law.

12(iii) To issue licenses under the act of July 31,
131963 (P.L.410, No.217), entitled "An act regulating and
14licensing all sales at retail when such sales are
15advertised as 'Closing Out Sale,' 'Fire, Smoke or Water
16Damage Sale,' or 'Defunct Business Sale,' with
17exceptions; requiring filing of inventory and bond; and
18providing for appeals and penalties."

19(21) To plan for and regulate the development of the
20borough by:

21(i) establishing and maintaining uniform building
22lines upon any or all borough streets under applicable
23law; and

24(ii) utilizing powers delegated by the Pennsylvania
25Municipalities Planning Code and other applicable laws by
26adopting zoning, subdivision and land use and development
27regulations.

28(22) (i) To provide for the creation of capital reserve
29fund for anticipated capital expenditures as follows:

30(A) Create and maintain a separate capital

1reserve fund for anticipated legal capital
2expenditures. The money in the fund shall be used,
3from time to time, for the construction, purchase,
4replacement of or expansion of municipal buildings,
5equipment, machinery, motor vehicles or other capital
6assets of the borough and for no other purpose.

7(B) Appropriate money from the general borough
8funds to be paid into the capital reserve fund or
9place in the fund any money received from the sale,
10lease or other disposition of any borough property or
11from any other source, unless received or acquired
12for a particular purpose. The fund shall be
13controlled, invested, reinvested and administered and
14the money expended for any of the purposes for which
15the fund is created in a manner as may be determined
16by council. The money in the fund, when invested,
17shall be invested in securities designated by 53
18Pa.C.S. Pt. VII Subpt. B (relating to indebtedness
19and borrowing) as legal investments for sinking funds
20of municipalities.

21(ii) This paragraph shall not be construed to limit
22the powers of the borough to the use of money in the
23capital reserve fund in making lawful capital
24expenditures.

25(23) To create and maintain a separate operating reserve
26fund from which appropriations may be made to meet
27emergencies involving the health, safety and welfare of the
28residents of the borough, to counterbalance potential budget
29deficits resulting from shortfalls in anticipated revenues or
30program receipts from whatever source, to counterbalance

1potential budget deficits resulting from increases in
2anticipated costs for goods or services or to provide
3anticipated operating expenditures related either to the
4planned growth of existing projects or programs or to the
5establishment of new projects or programs if, for a project
6or program appropriations, have been made and allocated to a
7separate restricted account established within the operating
8reserve fund. Council may annually make appropriations from
9the general fund to the operating reserve fund, but no
10appropriation may be made to the operating reserve fund if
11the effect of the appropriation would cause the fund to
12exceed 25% of the estimated revenues of the borough's general
13fund in the current fiscal year. The operating reserve fund
14shall be invested, reinvested and administered in a manner
15consistent with the provisions of section 1316 (relating to
16investment of funds).

17(24) To enter into agreements with other political
18subdivisions, in accordance with existing laws, in making
19joint purchases of materials, supplies or equipment and in
20performing governmental powers, duties and functions and in
21carrying into effect provisions of 53 Pa.C.S. Ch. 23 Subch. A
22(relating to intergovernmental cooperation), and agreements
23with the proper authorities of municipal corporations,
24regional police or fire forces or other public safety or
25governmental entities created by two or more municipal
26corporations under 53 Pa.C.S. Ch. 23 Subch. A (relating to
27intergovernmental cooperation), either for mutual aid or
28assistance in police and fire protection or any other public
29safety services, or for the furnishing to or receiving from
30the municipal corporations or governmental entities police

1and fire protection or any other public safety services, and
2to make appropriations for public safety services. In
3connection with agreements for police or fire protection or
4any other public safety services, it shall not be necessary
5to advertise for bids or receive bonds as required for
6contracts under existing law. When an agreement has been
7entered into, the police, firefighters, fire police or any
8other public safety services of the employing municipal
9corporation or governmental entity shall have the powers and
10authority conferred by law on police, firefighters, fire
11police or any other public safety services in the territory
12of the municipal corporation which has contracted to secure
13the service.

14(25) To make contracts of insurance, with any mutual or
15other fire insurance company, association or exchange, duly
16authorized by law to transact insurance business in this
17Commonwealth, on any building or property owned or leased by
18the borough.

19(26) To provide for other insurance as follows:

20(i) To appropriate an amount as may be necessary to
21secure insurance or compensation in accordance with
22Article VI of the act of June 2, 1915 (P.L.736, No.338),
23known as the Workers' Compensation Act, for:

24(A) volunteer firefighters of companies duly
25recognized by the borough, by motion or resolution,
26killed or injured while going to, returning from or
27attending fires or while performing their duties as
28special fire police; and

29(B) other borough employees as "employe" is
30defined in section 601 of the Workers' Compensation

1Act.

2(ii) To make contracts of insurance with any
3insurance company, association or exchange authorized to
4transact business in this Commonwealth insuring borough
5employees or any class or classes of employees, or mayor
6and council or their dependents, under a policy or
7policies of insurance covering life, health,
8hospitalization, medical and surgical service or accident
9insurance.

10(iii) To contract with an insurance company,
11granting annuities or pensions, for the pensioning of
12borough employees or any class or classes of employees,
13and to agree to pay part or all of the premiums or
14charges for carrying the contracts and to appropriate
15money from the borough treasury for those purposes.

16(iv) To make contracts with any insurance company,
17association or exchange authorized to transact business
18in this Commonwealth to insure any public liability of
19the borough and to appropriate money from the borough
20treasury for that purpose.

21(v) Nothing in this paragraph shall affect any
22contract, right or coverage of insurance vested or
23existing on July 16, 2012. Contract, as used in this
24paragraph, includes an annuity contract if the option to
25renew continues to provide the same rights to the
26annuitant that existed on July 16, 2012.

27(27) To contract with a company owning, leasing or
28operating a light rail or similar transportation system,
29whether surface, elevated or underground, within the limits
30of the borough, for the acquisition, leasing or regulation of

1the franchises, properties, powers, duties and liabilities of
2the company for the purpose of providing public
3transportation. A contract may provide that the companies may
4make payments to the borough in lieu of the performance of
5certain duties or may include a provision that municipal
6consent shall not be granted to any other company for the
7same services covered by the contract. A contract may also
8provide, subject to any required approval by the Pennsylvania
9Public Utility Commission and consistent with the
10jurisdictional limits established under 49 U.S.C. (relating 
11to transportation), for the laying, installation or removal
12of tracks or lines, to prevent the laying or installation of
13otherwise authorized tracks or lines or to change the route
14of any tracks or lines for the consideration and upon
15conditions as may be agreed upon. Council may acquire,
16maintain and operate any existing inclined plane passenger
17transportation facilities and may acquire or may establish
18vehicular feeder lines for those facilities.

19(28) To do any of the following:

20(i) Acquire land or buildings by purchase, gift,
21exchange or eminent domain.

22(ii) Erect a building or lease land or buildings,
23within the borough limits, for community purposes or for
24public facilities such as comfort and waiting stations
25and drinking fountains.

26(iii) Erect watering troughs.

27(iv) Maintain the public facilities.

28(v) Provide for the payment of the cost and
29maintenance of the items under this paragraph from the
30funds of the borough.

1(29) To provide a lockup for the temporary detention of
2persons.

3(30) To display the flag of the United States or of the
4Commonwealth, the official POW/MIA flag or the flag of any
5county, city, borough or other municipality in this
6Commonwealth on the public buildings or grounds and in public
7places of the borough.

8(31) To provide for parking as follows:

9(i) to acquire by lease, purchase or eminent domain
10any land that the council may deem necessary or desirable
11for the purpose of establishing and maintaining parking
12lots;

13(ii) to regulate the use of parking lots;

14(iii) to regulate parking and provide parking
15accommodations to promote the convenience and protection
16of the public; and

17(iv) to establish or designate, at the discretion of
18the council, areas exclusively reserved for parking by
19handicapped individuals and to post signs regulating the
20areas.

21The right to regulate the use of the lots shall include the
22right to impose fines and fees for violation of any law or
23ordinance regulating parking. Regulation of parking lots
24shall be consistent with 75 Pa.C.S. (relating to vehicles)
25and the act of October 27, 1955 (P.L.744, No.222), known as
26the Pennsylvania Human Relations Act.

27(32) To acquire by purchase or by gift and to repair,
28supervise, operate and maintain ancient landmarks and other
29property of historical or antiquarian interest and to make
30appropriations to nonprofit associations or corporations

1organized for the purpose of acquiring and maintaining
2historical properties. The appropriations shall only be used
3by the association or corporation for the acquisition,
4restoration and maintenance of the historical properties.

5(33) To provide against all hazards of war, terrorism
6and other disasters and their consequences, and for those
7purposes to have the power of eminent domain, to cooperate
8with any other unit and agency of government, Federal, State
9or local in every lawful way for purposes of defense against
10the hazards of war and terrorism and to further provide
11against the hazards of manmade or natural disasters in
12conjunction with the powers applicable to boroughs in 35
13Pa.C.S. Pt. V (relating to emergency management services).

14(34) (i) To purchase vehicles and other equipment
15necessary for the towing of motor vehicles, tractors,
16trailers, recreational trailers and other vehicles from
17highways, roads, streets and public property of the
18borough.

19(ii) To impose fees for towing if the towing
20equipment is used for the lawful removal of motor
21vehicles, tractors, trailers, recreational trailers and
22other vehicles from highways, roads, streets and public
23property of the borough.

24(iii) To authorize or contract with commercial
25towers that agree to tow vehicles for a negotiated price
26as the official towers for the borough for the lawful
27removal of motor vehicles, tractors, trailers,
28recreational trailers and other vehicles from highways,
29roads, streets and public property of the borough in
30accordance with Federal and State law.

1(iv) To impose fees in the same manner as authorized
2when the towing is performed with borough vehicles and
3equipment.

4A commercial tower that agrees not to charge in excess of the
5negotiated price and is otherwise lawfully authorized to tow
6vehicles in accordance with Federal and State law shall be
7put on an official rotation list for the borough if council
8provides for a list. This paragraph shall apply only when the
9borough is requesting a vehicle to be towed. In all other
10cases, the owner or operator of a vehicle shall be permitted
11to select and pay for the tower.

12(35) To purchase or contribute to the purchase of fire
13engines and fire apparatus, boats, rescue and lifesaving
14equipment and supplies for the use of the borough for fire,
15rescue and lifesaving services, including community ambulance
16service, and to appropriate money for fire companies and
17rescue units located within the borough, including for the
18construction, repair and maintenance of buildings for fire
19companies and rescue units, and to acquire land for those
20purposes. Appropriations may include funds to establish,
21equip, maintain and operate lawfully organized or
22incorporated fire training schools within the county or
23regional firefighters' associations or an entity created
24pursuant to 53 Pa.C.S. Ch. 23 Subch. A for the purpose of
25giving instruction and practical training in the prevention,
26control and fighting of fire and related fire department
27emergencies to the members of fire departments and volunteer
28fire companies in any municipal corporation within this
29Commonwealth. Annual appropriations may also be made to an
30ambulance service, or council may enter into contracts for

1use in providing community ambulance service.

2(36) To appropriate money for the expense of municipal
3music.

4(37) To accept, purchase and plant or contribute to the
5purchasing and planting of shade trees along the streets and
6sidewalks of the borough and to have the care, custody and
7control of shade trees pursuant to Chapter 27 (relating to
8recreation places, shade trees and forests).

9(38) To appropriate money for the support of any
10incorporated hospital that is engaged in charitable work and
11extends treatment and medical attention to residents of the
12borough, but no appropriation shall exceed in any year the
13cost of free service extended to residents of the borough
14that is in excess of any amount paid by the Commonwealth
15towards free service.

16(39) To appropriate money toward the maintenance and
17support of any medical center or hospital building and
18further appropriate from the funds toward the purchase and
19erection of medical or hospital facilities. When the total
20cost of the purchase or erection exceeds $100,000, it will
21necessitate approval by the appropriate health planning
22agency.

23(40) To appropriate money annually for the expense of
24community nurse services to any nonprofit associations or
25corporations that provide community nursing services for the
26elderly and other needy persons, the control of communicable
27disease, the immunization of children, the operation of child
28health centers (Well-Baby Clinics), instructive visits to
29parents of new babies, beginning in the prenatal period, and
30family health guidance, including nutrition, detection and

1correction of defects all of which relate to the
2responsibilities of local boards of health.

3(41) To appropriate in any year out of the general funds
4of the borough for the observance of holidays or centennials
5or other anniversaries or for borough celebrations or other
6civic projects or programs.

7(42) To appropriate from borough funds money for the
8handling, storage and distribution of surplus foods obtained
9through either a Federal, State or local agency. All
10appropriations of money made by any borough for the handling,
11storage and distribution of surplus foods obtained through
12either a Federal, State or local agency are validated.

13(43) To make appropriations to an industrial development
14agency.

15(44) To appropriate money annually to any tourist
16promotion agency, as defined in the act of July 4, 2008
17(P.L.621, No.50), known as the Tourism Promotion Act, to
18assist the agencies in carrying out tourist promotional
19activities.

20(45) To appropriate money to assist any municipality or
21municipal airport authority to acquire, establish, operate
22and maintain any and all air navigation facilities lying
23either within or without the limits of the borough.

24(46) To issue nondebt revenue bonds pursuant to
25provisions of 53 Pa.C.S. Pt. VII Subpt. B to provide
26sufficient money for and toward the acquisition,
27construction, reconstruction, extension or improvement of
28municipal facilities, including water systems or facilities,
29sewers, sewer systems and sewage disposal systems or
30facilities, systems for the treatment or disposal of garbage

1and refuse, gas plants, gas distribution systems <-or other for
2its own municipal purposes, municipal gas distribution
3systems or municipal gas works, electric light or power
4plants 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

<-26(60) To authorize:

27(i) any borough to purchase, own, use, operate and
28control any natural gas well or wells for the purpose of
29supplying natural gas for its own municipal purposes; and

30(ii) <-purchase, own, use, operate and control natural

1gas works. <-a borough owning or operating a municipal gas
2distribution system on the effective date of this section
3to purchase, own, use, operate and control municipal gas
4distribution systems.

5(61) To establish, by ordinance, and maintain a real
6estate registry for the purpose of procuring accurate
7information in reference to the ownership of real estate in
8the borough in a manner not inconsistent with the act of
9October 9, 2008 (P.L.1400, No.110), known as the Uniform
10Municipal Deed Registration Act. Council shall designate a
11person to have charge of the registry who shall cause to be
12made and carefully preserve all necessary books, maps and
13plans as may show the location and ownership of every lot,
14piece of real estate and subdivision of real estate. For
15purposes of establishing or maintaining the registry, the
16person in charge of the registry shall have access to public
17records without charge. Information contained within a real
18estate registry shall not affect the validity of any
19municipal claim or tax claim of the borough. Nothing in this
20paragraph shall prohibit a borough from requiring owners to
21provide information relevant to the enforcement of any
22borough ordinance in accordance with law.

23(62) To manufacture, purchase or otherwise supply
24electricity pursuant to Chapter 24A (relating to manufacture
25and supply of electricity).

26(63) To provide the following:

27(i) telecommunications services to the extent that
28provision of services is not inconsistent with 66 Pa.C.S.
29Ch. 30 (relating to alternative form of regulation of
30telecommunications services); and

1(ii) cable television services in a manner
2consistent with Federal law.

3(64) To acquire, by purchase or condemnation, or to
4construct underground conduits within which electrical,
5communication and other types of wires shall be placed and,
6by ordinance and subject to approval by the Pennsylvania
7Public Utility Commission, to regulate the manner and terms
8and conditions of the use of any underground conduits.
9Council may define reasonable districts of the borough within
10which underground conduits shall be used for the placement of
11wires without the approval of the Pennsylvania Public Utility
12Commission. The powers reserved by this paragraph shall not
13be bartered away or surrendered by the borough.

14(65) In addition to the remedies provided by law for the
15filing of liens for the collection of municipal claims,
16including, but not limited to, water rates, sewer rates and
17the removal of nuisances, to proceed for the recovery and
18collection of claims by action of assumpsit against the
19person or persons who were the owner or owners of the
20property at the time of the completion of the improvement or
21at the time the water or sewer rates or the cost of the
22removal of nuisances first became payable, notwithstanding
23the fact that there was a failure on the part of the borough
24or its agents to enter the municipal claim as a lien against
25the property assessed for the improvement, or for the
26furnishing of water or sewer services and for the removal of
27nuisances and for the recovery of which the action of
28assumpsit was brought. The action in assumpsit shall be
29commenced either within six years after the completion of the
30improvement from which the claim arises or within six years

1after the water or sewer rates or the cost of abating a
2nuisance first became payable.

3§ 1203. Reserved powers.

4The council may make and adopt all ordinances, bylaws, rules
5and regulations not inconsistent with or restrained by the
6Constitution of Pennsylvania and laws of this Commonwealth as
7may be expedient or necessary for the proper management, care
8and control of the borough and its finances and the maintenance
9of peace, good government, safety and welfare of the borough and
10its trade, commerce and manufactures.

11CHAPTER 13

12TAXATION AND FINANCE

13Sec.

141301. Fiscal year.

151302. Tax levy.

161302.1. Different and separate tax levies.

171303. Special levy to pay debts.

181304. Special road fund tax.

191305. Date tax duplicate to issue.

201306. Additions and revisions to duplicates.

211307. Preparation of budget.

221308. Notice of proposed budget and penalty.

231309. Revision and completion of budget.

241310. Adoption of budget.

251310.1. Tax ordinance.

261311. Amending budget and notice.

271312. Modification of budget and supplemental appropriations
28and transfers.

291313. Payment from borough funds.

301313.1. Creation of special funds and investments.

11314. Uniform financial report and forms.

21315. Capital improvements to certain public service
3facilities.

41316. Investment of funds.

51317. (Reserved).

6§ 1301. Fiscal year.

7The fiscal year of every borough shall coincide with the
8calendar year, beginning January 1 and ending December 31.

9§ 1302. Tax levy.

10(a) Authority.--The council of the borough shall have power,
11by ordinance, to levy and collect annually a tax not exceeding
1230 mills for general borough purposes, unless the council by
13majority action, upon due cause shown by resolution, petitions
14the court of common pleas, in which case the court may order a
15rate of not more than five mills additional to be levied and in
16addition any of the following taxes:

17(1) An annual tax sufficient to pay interest and
18principal on any indebtedness incurred pursuant to 53 Pa.C.S. 
19Pt. VII Subpt. B (relating to indebtedness and borrowing) or
20any prior or subsequent act governing the incurrence of
21indebtedness of the borough.

22(2) To provide for pensions, retirement or the purchase
23of annuity contracts for borough employees, not exceeding
24one-half mill.

25(3) To defray the cost and expenses of caring for shade
26trees as provided in section 2720.1 (relating to maintenance
27by borough and tax levy) and the expense of publishing the
28notice referred to in section 2720.1, not exceeding one-tenth
29mill.

30(4) For lighting and illuminating the streets, highways

1and other public places, not exceeding eight mills.

2(5) For gas, water and electric, not exceeding eight
3mills, additional millage permitted only following a
4favorable referendum on the matter held in accordance with
5the election laws of this Commonwealth.

6(6) For the purchase of fire engines, fire apparatus and
7fire hose for the use of the borough or for assisting any
8fire company in the borough in the purchase, renewal or
9repair of any of its fire engines, fire apparatus or fire
10hose, for the purposes of making appropriations to fire
11companies both within and without the borough and of
12contracting with adjacent municipalities or volunteer fire
13companies in adjacent municipalities for fire protection, for
14the training of fire personnel and payments to fire training
15schools and centers or for the purchase of land upon which to
16erect a firehouse, or for the erection and maintenance of a
17firehouse or fire training school and center, not exceeding
18three mills. The following shall apply:

19(i) The borough may appropriate up to one-half, but
20not to exceed one mill, of the revenue generated from a
21tax under this paragraph for the purpose of paying
22salaries, benefits or other compensation of fire
23suppression employees of the borough or a fire company
24serving the borough.

25(ii) If an annual tax for the purposes specified in
26this paragraph is proposed to be set at a level higher
27than three mills, the question shall be submitted to the
28voters of the borough, and the county board of elections
29shall frame the question in accordance with the election
30laws of this Commonwealth for submission to the voters of

1the borough.

2(7) For building a firehouse, fire training school and
3center, lockup or municipal building, not exceeding two
4mills, additional millage permitted only following a
5favorable referendum on the matter held in accordance with
6the election laws of this Commonwealth.

7(8) To establish and maintain a local library or to
8maintain or aid in the maintenance of a local library
9established by deed, gift or testamentary provision, for the
10use of the residents of the borough, in accordance with 24
11Pa.C.S. Ch. 93 (relating to public library code).

12(9) For the purpose of supporting ambulance, rescue and
13other emergency services serving the borough, not to exceed
14one-half mill, except as provided in subsection (e). The
15borough may appropriate up to one-half of the revenue
16generated from a tax under this paragraph for the purpose of
17paying salaries, benefits or other compensation of employees
18of the ambulance, rescue or other emergency service.

19(10) An annual tax sufficient for the purpose of
20maintaining and operating recreation places or for paying the
21borough's share of a joint action with one or more political
22subdivisions, in accordance with section 2701 (relating to
23general powers).

24(b) Amount.--The taxes shall be levied on the dollar on the
25valuation assessed for county purposes, as now is or may be
26provided by law. All real property, offices, professions and
27persons made taxable by the laws of this Commonwealth for county
28rates and levies may, in the discretion of council, be taxed
29after the same manner for those purposes. An action on the part
30of the borough authorities fixing the tax rate for any year at a

1mill rate shall not be required to include a statement
2expressing the rate of taxation in dollars and cents on each
3$100 of assessed valuation of taxable property.

4(c) Use of taxes for general purposes.--Nothing contained in
5this section may prevent the application of money received from
6taxes levied for general purposes to the purposes of paying
7interest and sinking fund charges on indebtedness.

8(d) Proceeds.--The proceeds of all taxes for which
9additional millage is authorized under this section shall be
10kept in a separate fund and used only for the purposes provided
11under this section. The additional taxes authorized by
12referendum shall continue to be levied annually for the period
13provided under this section in the question submitted in the
14referendum and, if any taxes for which the question voted upon
15shall not have stated the duration of the tax, until the tax
16shall be abolished by vote of the electors in a subsequent
17referendum.

18(e) Tax for ambulance and rescue squads.--The tax for
19supporting ambulance and rescue squads serving the borough shall
20not exceed the rate specified in subsection (a)(9) except when
21the question is submitted to the voters of the borough in the
22form of a referendum which will appear on the ballot in
23accordance with the election laws of the Commonwealth, in which
24case the rate shall not exceed two mills. The county board of
25elections shall frame the question to be submitted to the voters
26of the borough in accordance with the election laws of this
27Commonwealth.

28§ 1302.1. Different and separate tax levies.

29(a) General rule.--A borough may in any year levy separate
30and different rates of taxation for municipal purposes on all

1real estate classified as nonfarmland, exclusive of the
2buildings on the real estate, and on all real estate classified
3as either buildings on land or farmland. When real estate tax
4rates are so levied:

5(1) The rates shall be determined by the requirements of
6the borough budget.

7(2) A higher rate may be levied on real estate
8classified as nonfarmland than on real estate classified as
9either buildings on land or farmland if the respective rates
10on nonfarmland and on buildings or farmland are so fixed as
11not to constitute a greater levy in the aggregate than the
12levy to result from the maximum rate allowed by law on all
13real estate.

14(3) The rates shall be uniform as to all real estate
15within the classification.

16(b) Nonseverability.--Notwithstanding section 104 (relating
17to constitutional construction), the provisions of this section
18are nonseverable. If any provision of this section or its
19application to any person or circumstance is held invalid, the
20remaining provisions or applications of this section are void.

21(c) Definitions.--As used in this section, the following
22words and phrases shall have the meanings given to them in this
23subsection:

24"Farmland." Any tract of land that is actively devoted to
25agricultural use, including, but not limited to, the commercial
26production of crops, livestock and livestock products as defined
27in section 3 of the act of June 30, 1981 (P.L.128, No.43), known
28as the Agricultural Area Security Law.

29"Nonfarmland." Any tract of land that is not farmland.

30§ 1303. Special levy to pay debts.

1In addition to the levies provided for in section 1302.1 
2(relating to different and separate tax levies) if the council
3refuses or neglects to levy a sufficient tax to pay the debts
4due by the borough, a court may, after ascertaining the amount
5of the indebtedness of the borough, direct a writ of mandamus to
6the proper officers of the borough to collect by special
7taxation an amount sufficient to pay the indebtedness in one or
8more annual installments, as determined reasonable by the court.

9§ 1304. Special road fund tax.

10(a) Authority.--Any borough shall be empowered, within its
11general power to levy taxes, to collect annually a tax upon all
12real property taxable for borough purposes, not to exceed five
13mills on the dollar in any one year, for the purpose of creating
14and maintaining a special fund to be used by its borough in
15making permanent street improvements and to pay contract prices
16for paving and other permanent street improvements, prior to the
17collection of the cost and expense from the property owners
18adjoining or abutting the property by the borough under existing
19laws.

20(b) Application.--If the cost and expense or any part of the
21cost and expense of the construction of any permanent street
22improvement, which has been made under existing laws and which
23has been aided in its construction from the special fund
24provided for under this section, has been assessed and collected
25from the owners of the real property adjoining or abutting upon
26the improvement, it shall be applied to the credit of the
27special fund, to the extent of the withdrawal from the special
28fund for that purpose.

29§ 1305. Date tax duplicate to issue.

30Council shall, within 30 days after adoption of the budget or

1within 30 days after receipt of the assessment roll from the
2county, whichever is later, issue their duplicate of taxes
3assessed to the collector of taxes of the borough.

4§ 1306. Additions and revisions to duplicates.

5(a) Inspection and reassessment.--If in any borough there is
6any construction of a building or buildings not otherwise exempt
7as a dwelling after the council has prepared a duplicate of the
8assessment of borough taxes and the building is not included in
9the tax duplicate of the borough, the county assessment office
10shall, upon the request of the council, direct the assessor in
11the county assessment office to inspect and reassess, subject to
12the right of appeal and adjustment provided by statute, all
13taxable property in the borough to which major improvements have
14been made after the original duplicates were prepared and to
15give notice of the reassessments within ten days to the
16authority responsible for assessments, the borough and the
17property owner. The real property shall then be added to the
18duplicate and shall be taxable for borough purposes at the
19reassessed valuation for that proportionate part of the fiscal
20year of the borough remaining after the real property was
21improved. Any improvement made during the month shall be
22computed as having been made on the first of the month.

23(b) Copy of additions or revisions.--A certified copy of the
24additions or revisions to the duplicate shall be furnished by
25the council to the borough tax collector, together with their
26warrant for collection of the taxes, and, within ten days, the
27borough tax collector shall notify the owner of the real
28property of the taxes due to the borough.

29§ 1307. Preparation of budget.

30Beginning at least 30 days prior to the adoption of the

1budget, a proposed budget or annual estimate of revenues and
2expenditures for the ensuing year shall be prepared in a manner
3designated by the council. The proposed budget shall be kept on
4file with the borough secretary and be made available for public
5inspection by the borough secretary for a period of ten days.

6§ 1308. Notice of proposed budget and penalty.

7(a) Notice.--Notice that the proposed budget is available
8for inspection shall be published by the borough secretary in a
9newspaper of general circulation, except in boroughs in which
10the estimated budget receipts are less than $50,000 in 2012,
11where, in lieu of the newspaper publications, notice may be
12conspicuously posted during the ten-day period in a place
13readily viewable by the public at the office of the borough
14secretary and with further notice as shall be prescribed by
15council.

16(b) Failure.--Any borough secretary who fails or refuses to
17give the notice that the proposed budget is available for
18inspection, as required, shall, upon conviction in a summary
19proceeding, be sentenced to pay a fine not exceeding $100 and
20costs of prosecution.

21§ 1309. Revision and completion of budget.

22After the expiration of the ten days, council shall make the
23revision in the budget as deemed advisable. The budget must be
24as comprehensive and exact as the information available will
25permit. In addition to expenditures proposed for the current
26fiscal year, council may include as proposed expenditures a sum
27sufficient to pay any existing indebtedness and to pay the
28ordinary operating expenses for the subsequent year until the
29taxes of the subsequent year are received and may also include a
30sum to provide in whole or in part for any deferred maintenance,

1depreciation and replacements. Within the tax levy and debt
2limitations, council may also include, in whole or in part,
3expenditures for capital investments and purchases. Expenditures
4of a legislative character must be made, authorized or ratified
5by ordinance. Other expenditures allowed by law may be made or
6ratified by motion in council. The expenditures, whether by
7ordinance or motion, must then be considered as appropriations
8affecting the budget. A balance of revenues over expenditures
9may be expended in a subsequent year for a lawful purpose.

10§ 1310. Adoption of budget.

11Upon completion of the budget containing the estimated
12receipts and expenditures, the council shall adopt the budget by
13motion of the council, which may not be later than December 31.

14§ 1310.1. Tax ordinance.

15After council has adopted the budget, it is the duty of the
16council to enact an ordinance levying the taxes referred to in
17this part for the fiscal year subject to approval of the mayor
18or enactment over the mayor's veto under the procedure
19established in section 3301.3(c) (relating to enactment, 
20approval and veto).

21§ 1311. Amending budget and notice.

22During the month of January next following a municipal
23election, the council of a borough may amend the budget and the
24levy and tax rate to conform with its amended budget. A period
25of ten days' public inspection at the office of the borough
26secretary of the proposed amended budget, after notice by the
27borough secretary to that effect is published once in a
28newspaper of general circulation, must intervene between the
29proposed amended budget and its adoption. An amended budget must
30be adopted by council on or before the 15th day of February.

1§ 1312. Modification of budget and supplemental appropriations
2and transfers.

3The council in its reasonable discretion may, in any year, by
4motion, modify the budget after its final adoption. New
5appropriations, supplementary appropriations and transfers from
6one appropriation to another may be made during the fiscal year,
7either before or after the expenditure is authorized or ratified
8after the expenditure is made, if it is within the current
9year's revenues, or the money is promptly made available through
10borrowing as allowed by law.

11§ 1313. Payment from borough funds.

12The payments made by the council from the borough funds must
13be made by proper borough orders, drawn upon the treasurer. No
14borough order may be authorized by council or signed by the
15president or secretary of a council unless there are sufficient
16funds in the treasury of the borough to pay the order, and no
17orders may be made payable at any time in the future or draw
18interest. A separate borough order must be drawn for each
19account or payment.

20§ 1313.1. Creation of special funds and investments.

21Council may set aside in a separate fund any money received
22out of or from the sale, lease or other disposition of any
23borough property or received from any source unless the money
24was received or acquired for a particular purpose. The fund must
25be controlled, invested and administered, and the income arising
26from the fund expended, in the manner as may be determined by
27action of the council under the ordinance creating the fund. The
28ordinance may provide that only the income from the fund may be
29used or expended, and that neither principal nor any part of the
30principal may be used or expended unless upon authorization of a

1majority vote of the qualified electors of the borough. The
2ordinances previously enacted by a borough creating and
3establishing a separate fund as authorized by this section must
4be deemed and taken as valid and effectual for all purposes if
5the other requirements of law concerning the enactment of the
6separate fund have been complied with.

7§ 1314. Uniform financial report and forms.

8(a) Preparation of uniform forms.--The uniform forms for the
9annual financial statement required to be made by the auditors
10or the controller must be prepared by a committee consisting of
11four representatives from the Pennsylvania State Association of
12Boroughs, the Secretary of Community and Economic Development,
13or the secretary's designee, and any additional members
14appointed under statute.

15(b) Appointment of representatives.--The representatives of
16boroughs must be appointed by the president of the Pennsylvania
17State Association of Boroughs. The representatives shall be
18chosen from among the finance officers or other officers of the
19borough who have knowledge of the borough's fiscal procedures.
20As far as possible, they must be chosen to represent boroughs in
21the various population groups. The president of the organization
22shall supply to the Department of Community and Economic
23Development the names and addresses of the representatives
24immediately upon their appointment.

25(c) Compensation of representatives.--The representatives
26shall serve without compensation but shall be reimbursed by the
27Commonwealth for the necessary expenses incurred in attending
28meetings of the committee.

29(d) Meetings.--The committee shall meet from time to time as
30conditions may warrant at the call of the Secretary of Community

1and Economic Development, or the secretary's designee, who shall
2serve as chair of the committee.

3(e) Duty of secretary and cooperation.--It shall be the duty
4of the Secretary of Community and Economic Development, or the
5secretary's designee, to ensure that the forms required by this 
6chapter are prepared in cooperation with the committee. In the
7event that the committee should for any reason fail to furnish
8the cooperation, the Secretary of Community and Economic
9Development, or the secretary's designee, shall prepare the
10forms. After their preparation, the secretary shall issue the
11forms and distribute them annually, as needed to the proper
12officers of each borough.

13§ 1315. Capital improvements to certain public service
14facilities.

15(a) Authority.--For the purpose of financing the cost and
16expense or its share of the cost and expense of capital
17improvements, including the purchase and installation of
18machinery and equipment, by altering, improving or enlarging any
19of the following, a borough owning the plant or facility may
20issue nondebt revenue bonds as provided in section 1202(46)
21(relating to specific powers):

22(1) its sewer, sewer system or sewage treatment works,
23either singly or jointly, with other municipalities;

24(2) its water works, either singly or jointly, with
25other municipalities;

26(3) its electric power plant or power distribution
27system; or

28(4) its gas plant, gas distribution system <-or other for
29its own municipal purposes, municipal gas distribution system
30or municipal gas works.

1(b) Rates.--A borough issuing nondebt revenue bonds under
2the authority of this section shall adjust and, when necessary,
3increase the rates of rentals or charges pledged as security for
4the bonds in order to provide sufficient revenue. The revenue
5must be set aside as reserve funds to cover depreciation of the
6properties involved and for future improvements to the plant or
7facility involved as well as for the payment of the interest on
8the bonds and the principal at the time of maturity.

9§ 1316. Investment of funds.

10(a) Duty of council.--Council shall invest borough funds
11consistent with sound business practice.

12(b) Investment program.--Council shall provide for an
13investment program subject to restrictions contained in this 
14part and in another applicable statute and any rules and
15regulations adopted by council.

16(c) Authorized types of investments.--Authorized types of
17investments for borough funds are:

18(1) United States Treasury bills.

19(2) Short-term obligations of the United States
20Government or its agencies or instrumentalities.

21(3) Deposits in savings accounts or time deposits, other
22than certificates of deposit, or share accounts of
23institutions insured by the Federal Deposit Insurance
24Corporation or the National Credit Union Share Insurance Fund
25to the extent that the accounts are so insured, and, for the
26amounts above the insured maximum, if approved collateral as
27provided by law shall be pledged by the depository.

28(4) Obligations of:

29(i) the United States or its agencies or
30instrumentalities backed by the full faith and credit of

1the United States;

2(ii) the Commonwealth or its agencies or
3instrumentalities backed by the full faith and credit of
4the Commonwealth; or

5(iii) a political subdivision of the Commonwealth or
6its agencies or instrumentalities backed by the full
7faith and credit of the political subdivision.

8(5) Shares of an investment company registered under the
9Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. §
1080a-1 et seq.), whose shares are registered under the
11Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et
12seq.), if the only investments of the company are in the
13authorized investments for borough funds listed in paragraphs
14(1) through (4).

15(6) Certificates of deposit purchased from institutions
16insured by the Federal Deposit Insurance Corporation or the
17National Credit Union Share Insurance Fund to the extent that
18the accounts are so insured. For amounts above the insured
19maximum, the certificates of deposit must be collateralized
20by a pledge or assignment of assets of the institution, and
21the collateral may include loans, including interest in pools
22of loans, secured by first mortgage liens on real property.
23Certificates of deposit purchased from commercial banks must
24be limited to an amount equal to 20% of a bank's total
25capital and surplus. Certificates of deposit purchased from
26savings and loan associations or savings banks must be
27limited to an amount equal to 20% of an institution's assets
28minus liabilities.

29(7) An investment authorized by 20 Pa.C.S. Ch. 73
30(relating to municipalities investments) must be an

1authorized investment for a pension or retirement fund.

2(8) Bonds of a municipal authority or parking authority
3created solely by the borough for the purpose of either
4investment or possible retirement of the bonds and
5acquisition of authority projects at an earlier date than
6originally contemplated, using for the purpose either surplus
7funds of the borough or money appropriated in the annual
8budget for the purpose.

9(d) In making investments of borough funds, council has
10authority to:

11(1) Permit assets pledged as collateral under subsection 
12(c)(3), to be pooled in accordance with the act of August 6, 
131971 (P.L.281, No.72), entitled "An act standardizing the 
14procedures for pledges of assets to secure deposits of public 
15funds with banking institutions pursuant to other laws; 
16establishing a standard rule for the types, amounts and 
17valuations of assets eligible to be used as collateral for 
18deposits of public funds; permitting assets to be pledged 
19against deposits on a pooled basis; and authorizing the 
20appointment of custodians to act as pledgees of assets."

21(2) Combine money from more than one fund under borough
22control for the purchase of a single investment, if each of
23the funds combined for the purpose shall be accounted for
24separately in all respects and the earnings from the
25investment are separately and individually computed and
26recorded and credited to the accounts from which the
27investment was purchased.

28(3) Join with one or more other political subdivisions
29and municipal authorities in accordance with 53 Pa.C.S. Ch.
3023 Subch. A (relating to intergovernmental cooperation) in

1the purchase of a single investment, provided the
2requirements of paragraph (2) are adhered to regarding
3separate accounting of individual funds and separate
4computation, recording and crediting of the earnings from the
5funds.

6§ 1317. (Reserved).

7CHAPTER 14

8CONTRACTS

9Sec.

101401. Power to make contracts.

111402. Regulation of contracts.

121403. Evasion of advertising requirements.

131404. Personal interest in contracts or purchases.

141404.1. Purchase contracts for petroleum products and fire
15company, etc., participation.

161405. Separate bids for plumbing, heating, ventilating and
17electrical work.

181406. Bonds for the protection of labor and materials.

191407. (Reserved).

201408. (Reserved).

211409. (Reserved).

221410. Acceptance by contractor of Workers' Compensation Act.

231411. (Reserved).

24§ 1401. Power to make contracts.

25(a) Authority of borough.--Each borough may make contracts
26for lawful purposes and for the purposes of carrying into
27execution this part and laws of this Commonwealth.

28(b) Contracts and purchases.--Except as otherwise
29specifically provided in this title, all contracts and purchases
30must be made with and from the lowest qualified and responsible

1bidder. In awarding contracts and making purchases, council has
2the right to take into consideration such factors as the
3availability, cost and quality of service and may establish
4prequalification standards for contracts and purchases. A
5prequalification standard must be reasonably designed to assist
6council in determining the ability of a bidder to successfully
7complete a contract or purchase.

8(c) Electronic submission of bids.--A borough may permit the
9electronic submission of bids and may receive bids
10electronically for competitively bid purchases and contracts
11pursuant to 62 Pa.C.S. Ch. 46 (relating to electronic bidding by
12local government units).

13§ 1402. Regulation of contracts.

14(a) Requirements.--All contracts or purchases in excess of
15the base amount of $18,500, subject to adjustment under 
16subsection (a.2), except those mentioned in this section and
17except as provided by the act of October 27, 1979 (P.L.241,
18No.78), entitled, as amended, "An act authorizing political
19subdivisions, municipality authorities and transportation
20authorities to enter into contracts for the purchase of goods
21and the sale of real and personal property where no bids are
22received," shall not be made except with and from the lowest
23qualified and responsible bidder after due notice in one
24newspaper of general circulation, at least two times at
25intervals of not less than three days where daily newspapers of
26general circulation are available for publication and, in case
27of weekly newspapers, notice once a week for two successive
28weeks. The first advertisement shall be published not more than
2945 days and the second advertisement not less than ten days
30prior to the date fixed for the opening of bids. Advertisements

1for contracts or purchases must also be posted in a conspicuous
2place within the borough. Advertisements for contracts and
3purchases must contain the date, time and location for opening
4of bids and must state the amount of the performance bond
5determined under subsection (c). The amount of the contract must
6in all cases, whether of straight sale price, conditional sale,
7lease, lease purchase or otherwise, be the entire amount which
8the borough pays to the successful bidder or the bidder's
9assigns in order to obtain the services or property, or both,
10and may not be construed to mean only the amount that is paid to
11acquire title or to receive another particular benefit of the
12whole bargain.

13(a.1) Price quotations.--Written or telephonic price
14quotations from at least three qualified and responsible
15contractors must be requested for contracts in excess of the 
16base amount of $10,000, subject to adjustment under subsection 
17(a.2), and less than the amount requiring advertisement and
18competitive bidding, or, in lieu of price quotations, a
19memorandum must be kept on file showing that fewer than three
20qualified contractors exist in the market area within which it
21is practicable to obtain quotations. A written record of
22telephonic price quotations must be made and must contain at
23least the date of the quotation, the name of the contractor and
24the contractor's representative, the construction,
25reconstruction, repair, maintenance or work that was the subject
26of the quotation and the price. Written price quotations,
27written records of telephonic price quotations and memoranda
28must be retained for a period of three years. Written price
29quotations as used throughout this section include electronic
30mail.

1(a.2) Adjustments to base amounts.--Adjustments to the base
2amounts specified under subsections (a) and (a.1) must be made
3as follows:

4(1) The Department of Labor and Industry shall determine
5the percentage change in the Consumer Price Index for All
6Urban Consumers: All Items (CPI-U) for the United States City
7Average as published by the United States Department of
8Labor, Bureau of Labor Statistics, for the 12-month period
9ending September 30, 2012, and for each successive 12-month
10period.

11(2) If the department determines that there is no
12positive percentage change, then no adjustment to the base
13amounts may occur for the relevant time period provided for
14in this subsection.

15(3) (i) If the department determines that there is a
16positive percentage change in the first year that the
17determination is made under paragraph (1), the positive
18percentage change must be multiplied by each base amount,
19and the products must be added to the base amounts,
20respectively, and the sums must be preliminary adjusted
21amounts.

22(ii) The preliminary adjusted amounts must be
23rounded to the nearest $100 to determine the final
24adjusted base amounts for purposes of subsections (a) and
25(a.1).

26(4) In each successive year in which there is a positive
27percentage change in the CPI-U for the United States City
28Average, the positive percentage change must be multiplied by
29the most recent preliminary adjusted amounts, and the
30products must be added to the preliminary adjusted amount of

1the prior year to calculate the preliminary adjusted amounts
2for the current year. The sums must be rounded to the nearest
3$100 to determine the new final adjusted base amounts for
4purposes of subsections (a) and (a.1).

5(5) The determinations and adjustments required under
6this subsection must be made in the period between October 1
7and November 15 of each year.

8(6) The final adjusted base amounts and new final
9adjusted base amounts obtained under paragraphs (3) and (4)
10become effective January 1 for the calendar year following
11the year in which the determination required under paragraph
12(1) is made.

13(7) The department shall publish notice in the
14Pennsylvania Bulletin prior to January 1 of each calendar
15year of the annual percentage change determined under
16paragraph (1) and the unadjusted or final adjusted base
17amounts determined under paragraphs (3) and (4) at which
18competitive bidding is required under subsection (a) and
19written or telephonic price quotations are required under
20subsection (a.1), respectively, for the calendar year
21beginning January 1 after publication of the notice. The
22notice must include a written and illustrative explanation of
23the calculations performed by the department in establishing
24the unadjusted or final adjusted base amounts under this
25subsection for the ensuing calendar year.

26(8) The annual increase in the preliminary adjusted base
27amounts obtained under paragraphs (3) and (4) may not exceed
283%.

29(b) Awarding contracts and authority of council.--

30(1) The award of contracts must be made by public

1announcement at the meeting at which bids are received, or at
2a subsequent meeting, the time and place of which shall be
3publicly announced when bids are received. If for any reason
4one or both of the meetings are not held, the same business
5may be transacted at a subsequent meeting if at least five
6days' notice shall be published in the newspaper of general
7circulation. At council's request, the bids advertised for
8must be accompanied by cash, money order, a certified or
9cashier's good faith check or other irrevocable letter of
10credit drawn upon a bank authorized to do business in this
11Commonwealth or by a bond with corporate surety in the amount
12as council determines, and, when requested, no bid may be
13considered unless so accompanied.

14(2) Notwithstanding paragraph (1), council may direct
15that a committee of council, a member of council or a member
16of the borough staff receive, open and review bids during
17normal business hours and forward the information to council
18for subsequent award at a public meeting. Bidders must be
19notified and other interested parties, upon request, must be
20notified of the date, time and location of the opening of
21bids and may be present when the bids are opened.

22(c) Security.--The successful bidder when advertising is
23required may, at the discretion of council, be required to
24furnish a bond or irrevocable letter of credit or other security
25with suitable reasonable requirements guaranteeing the work to
26be done with sufficient surety in an amount as determined by
27council that must be not less than 10% nor more than 100% of the
28amount of the liability under the contract within 20 days after
29the contract has been awarded, unless council shall prescribe a
30shorter period of not less than ten days, and, upon failure to

1furnish the security within the time, the previous award is
2void. Deliveries, accomplishment and guarantees may be required
3in all cases of expenditures.

4(d) Contracts or purchases.--The contracts or purchases made
5by council, which shall not require advertising, bidding or
6price quotations as provided in this part, are as follows:

7(1) Those for maintenance, repairs or replacements for
8water, electricity or public works of the borough, if they do
9not constitute new additions, extensions or enlargements of
10existing facilities and equipment, but security may be
11required by council, as in other cases of work done.

12(2) Those made for improvements, repairs and maintenance
13of any kind, made or provided by a borough, through its own
14employees, if the materials used for street improvement,
15maintenance or construction in excess of the amount specified
16or adjusted under subsection (a.1) are subject to the
17relevant price quotation or advertising requirements
18contained in this section.

19(3) Those under which particular types, models or pieces
20of new equipment, articles, apparatus, appliances, computer
21software, vehicles or parts of vehicles are desired by
22council, which are patented and manufactured or copyrighted
23products.

24(3.1) Those for used equipment, articles, apparatus,
25appliances, vehicles or parts of vehicles being purchased
26from a public utility, municipal corporation, county, school
27district, municipal authority, council of government or
28Federal or State Government.

29(4) (i) Those involving a policy of insurance or a
30surety company bond.

1(ii) Those made for utility service for borough
2purposes, including, but not limited to, those made for
3natural gas or telecommunications services.

4(iii) Those made for electricity with the entities
5set forth in paragraph (6)(i), (ii), (iii), (iv), (v),
6(vi) and (vii)(A).

7(iv) Those made with another political subdivision,
8or a county, or council of government, consortium,
9cooperative or other similar entity created under 53
10Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
11cooperation) or the Commonwealth, the Federal Government,
12an agency of the Commonwealth or the Federal Government,
13or a municipal authority, including the sale, lease or
14loan of any supplies or materials by the Commonwealth or
15the Federal Government or their agencies. The price may
16not be in excess of that fixed by the Commonwealth, the
17Federal Government or their agencies.

18(5) Those involving personal or professional services.

19(6) Those made relating to the purchase of electricity
20and associated energy and related services by a borough
21owning or operating electric generation or distribution
22facilities on January 1, 1966, with any of the following:

23(i) A political subdivision.

24(ii) Another state.

25(iii) The Commonwealth or a Commonwealth agency.

26(iv) The Federal Government.

27(v) A private corporation.

28(vi) An electric cooperative corporation under 15
29Pa.C.S. Ch. 73 (relating to electric cooperative
30corporations).

1(vii) A nonprofit membership corporation. As used in
2this subparagraph, the term "nonprofit membership
3corporation" means an entity, the membership of which:

4(A) consists solely of Commonwealth boroughs,
5such as a consortium, buying group or municipal power
6agency under section 24A04 (relating to municipal 
7power agencies); or

8(B) consists of Commonwealth boroughs and
9political subdivisions of another state.

10(viii) An electric cooperative of another state.

11Nothing in this paragraph prohibits council from engaging in
12advertising, bidding or price quotations if the council
13determines that the advertising, bidding or price quotations
14are in the public interest.

15(e) Council shall award contracts subject to the
16requirements of and may exercise any powers granted by the
17following acts to the extent applicable:

18(1) The act of August 15, 1961 (P.L.987, No.442), known
19as the Pennsylvania Prevailing Wage Act.

20(2) The act of December 20, 1967 (P.L.869, No.385),
21known as the Public Works Contractors' Bond Law of 1967.

22(3) The act of January 17, 1968 (P.L.11, No.5), known as
23The Minimum Wage Act of 1968.

24(4) The act of January 23, 1974 (P.L.9, No.4), referred
25to as the Public Contract Bid Withdrawal Law.

26(5) The act of March 3, 1978 (P.L.6, No.3), known as the
27Steel Products Procurement Act.

28(6) The act of February 17, 1994 (P.L.73, No.7), known
29as the Contractor and Subcontractor Payment Act.

30(7) 62 Pa.C.S. Pt. II (relating to general procurement

1provisions).

2(f) Prohibition.--No person, consultant, firm or corporation
3contracting with the borough for purposes of rendering personal
4or professional services to the borough may share with a borough
5officer or employee, and no borough officer or employee may
6accept, a portion of the compensation or fees paid by the
7borough for the contracted services provided to the borough
8except under the following terms or conditions:

9(1) Full disclosure of the relevant information
10regarding the sharing of the compensation or fees must be
11made to the council of the borough.

12(2) The council of the borough must approve the sharing
13of a fee or compensation for personal or professional
14services prior to the performance of the services.

15(3) No fee or compensation for personal or professional
16services may be shared except for work actually performed.

17(4) No shared fee or compensation for personal or
18professional services may be paid at a rate in excess of that
19commensurate for similar personal or professional services.

20§ 1403. Evasion of advertising requirements.

21(a) Prohibition.--

22(1) No member of council may evade section 1402
23(relating to regulation of contracts) as to advertising for
24bids by purchasing or contracting for services and personal
25properties piecemeal for the purpose of obtaining prices
26under the amount specified or adjusted under section 1402(a)
27upon transactions, which transactions should, in the exercise
28of reasonable discretion and prudence, be conducted as one
29transaction amounting to more than the amount specified or
30adjusted under section 1402(a).

1(2) This subsection is intended to make unlawful the
2evading of advertising requirements by making a series of
3purchases or contracts, each for less than the advertising
4requirement price, or by making several simultaneous
5purchases or contracts, each below the price, when, in either
6case, the transactions involved should have been made as one
7transaction for one price.

8(3) Any members of council who vote in violation of this
9subsection and know that the transaction upon which they vote
10is or should be a part of a larger transaction and is being
11divided in order to evade the requirements as to advertising
12for bids shall be jointly and severally subject to surcharge
13for 10% of the full amount of the contract or purchase.

14(4) If it appears that a member of council may have
15voted in violation of this section, but the purchase or
16contract on which the member of council voted was not
17approved by council, this section shall not apply.

18(b) Penalty.--Any council member who votes to unlawfully
19evade the provisions of section 1402 and knows that the
20transaction upon which the member voted is or should be a part
21of a larger transaction and is being divided in order to evade
22the requirements as to advertising for bids commits a
23misdemeanor of the third degree for each contract entered into
24as a direct result of that vote. The penalty under this
25subsection shall be in addition to a surcharge that may be
26assessed under subsection (a).

27§ 1404. Personal interest in contracts or purchases.

28Elected and appointed borough officials and borough employees
29are restricted from an interest in borough contracts and
30purchases to the extent provided in 65 Pa.C.S. Ch. 11 (relating
 

1to ethics standards and financial disclosure).

2§ 1404.1. Purchase contracts for petroleum products and fire
3company, etc., participation.

4The council of each borough shall have power to permit,
5subject to terms and conditions as it may and, as specifically
6provided, shall, prescribe, a paid or volunteer fire company,
7paid or volunteer rescue company and paid or volunteer ambulance
8company in the borough to participate in purchase contracts for
9petroleum products entered into by the borough. A company
10desiring to participate in purchase contracts shall file with
11the borough secretary a request to authorize it to participate
12in contracts for the purchase of petroleum products of the
13borough and agreeing that it will be bound by the terms and
14conditions as the borough may and, as specifically provided,
15shall, prescribe and that it will be responsible for payment
16directly to the vendor under each purchase contract. Among the
17terms and conditions, the borough shall prescribe that the
18prices must be F.O.B. destination.

19§ 1405. Separate bids for plumbing, heating, ventilating and
20electrical work.

21If, in the preparation for the erection, construction and
22alteration of a public building, the entire cost of the work
23exceeds the amount specified or adjusted under section 1402(a)
24(relating to regulation of contracts), the architect, engineer
25or other person preparing the specifications may, if requested
26by the council, prepare separate specifications for the
27plumbing, heating, ventilating and electrical work. The person
28authorized to enter into contracts for the erection,
29construction or alteration of the public buildings may, if the
30separate specifications have been proposed, receive separate

1bids upon each of the branches of work and shall award the
2contract to the lowest responsible bidder for each of the
3branches.

4§ 1406. Bonds for the protection of labor and materials.

5Before a contract exceeding $10,000 is awarded to a prime
6contractor or construction manager for the construction,
7erection, installation, completion, alteration, repair of or
8addition to a public work or improvement of any kind, the
9contractor shall furnish to the borough a payment bond for the
10protection of claimants supplying labor or materials to the
11prime contractor to whom the contract is awarded, at 100% of the
12contract amount, conditioned for the prompt payment of the
13materials furnished or labor supplied or performed in the
14prosecution of the contract under the act of December 20, 1967
15(P.L.869, No.385), known as the Public Works Contractors' Bond
16Law of 1967. The bond requirement is in addition to any other
17bond requirement required by law to be given in connection with
18the contract.

19§ 1407. (Reserved).

20§ 1408. (Reserved).

21§ 1409. (Reserved).

22§ 1410. Acceptance by contractor of Workers' Compensation Act.

23(a) Contract provision.--A contract executed by a borough or
24an officer of a borough, which involves the construction or
25doing of work involving the employment of labor, must contain a
26provision that the contractor shall accept, insofar as the work
27covered by the contract is concerned, the provisions of the act
28of June 2, 1915 (P.L.736, No.338), known as the Workers'
29Compensation Act, and the supplements and amendments to the
30Workers' Compensation Act, and that the contractor will insure

1his liability under the act and will file with the borough with
2which the contract is made a certificate of insurance providing
3evidence of the coverage or file with the borough with which the
4contract is made a certificate of exemption from insurance from
5the Bureau of Workers' Compensation of the Department of Labor
6and Industry. The certificate of exemption from insurance may be
7issued on the basis of either individual self-insurance or group
8self-insurance. Additionally, a contractor shall file with the
9borough with which the contract is made any applications to be
10excepted by the provisions of the Workers' Compensation Act in
11respect to certain employees on religious grounds if the
12applications have been accepted by the Department of Labor and
13Industry.

14(b) Violation.--A contract executed in violation of
15subsection (a) is null and void.

16§ 1411. (Reserved).

17CHAPTER 15

18EMINENT DOMAIN, ASSESSMENT OF DAMAGES AND

19DAMAGES FOR INJURY TO PROPERTY

20Subchapter

21A. General Provisions Relating to Eminent Domain

22B. Procedure for Assessment of Benefits by Viewers
23(Reserved)

24C. Damages for Injury to Property

25SUBCHAPTER A

26GENERAL PROVISIONS RELATING

27TO EMINENT DOMAIN

28Sec.

291501. Exercise of eminent domain.

301502. Restrictions as to certain property.

11502.1. Declaration of intention.

21503. Application of 26 Pa.C.S.

3§ 1501. Exercise of eminent domain.

4A borough may enter upon, appropriate, injure or destroy
5private lands, property or material, or lands previously granted
6or dedicated to public use that are no longer used for the
7purpose for which the lands were granted, according to the
8proceedings set forth in 26 Pa.C.S. (relating to eminent
9domain), for any of the following purposes:

10(1) The laying out, opening, widening, extending,
11vacating, grading or changing the grades or lines of streets.

12(2) The construction of bridges and the piers and
13abutments for bridges.

14(3) The construction of slopes, embankments and sewers.

15(4) The erection and extension of water systems, wharves
16and docks, public buildings, public auditoriums, memorials,
17monuments, public works, filtration plants, sewerage systems,
18sewage treatment works, refuse disposal or incineration
19plants, sanitary landfills, gas plants, electric plants and
20libraries.

21(5) The establishing of parks, playgrounds and
22recreation places, the changing of watercourses.

23(6) For all other purposes authorized by this part.

24§ 1502. Restrictions as to certain property.

25(a) Historically significant property.--In addition to a
26restriction made by another provision of this part in a
27particular case, no borough may exercise the right of eminent
28domain against:

29(1) land now occupied by a building that was used during
30the Colonial or Revolutionary period as a place of assembly

1by the Council of the Colony of Pennsylvania, the Supreme
2Executive Council of the Commonwealth of Pennsylvania or the
3Congress of the United States;

4(2) the land occupied by a fort, redoubt or blockhouse
5erected during the Colonial or Revolutionary period or a
6building used as headquarters by the Commander-in-Chief of
7the Continental Army; or

8(3) the site of a building, fort, redoubt, blockhouse,
9or headquarters that is preserved for its historic
10associations and not for private profit.

11(a.1) Colonial or Revolutionary period.--For the purposes of
12subsection (a), the Colonial and Revolutionary period terminates
13on September 3, 1783.

14(b) Prohibition.--No land or property used for a cemetery,
15burying ground or place of public worship may be taken or
16appropriated by virtue of a power contained in this chapter.

17§ 1502.1. Declaration of intention.

18A borough shall declare its intention to acquire, enter upon,
19take, use and appropriate any private property or land for any
20of the purposes authorized by this chapter through a duly
21enacted ordinance.

22§ 1503. Application of 26 Pa.C.S.

23Eminent domain proceedings must conform to the provisions of
2426 Pa.C.S. (relating to eminent domain), including, but not
25limited to, payment of damages and costs.

26SUBCHAPTER B

27PROCEDURE FOR ASSESSMENT OF BENEFITS BY VIEWERS

28(Reserved)

29SUBCHAPTER C

30DAMAGES FOR INJURY TO PROPERTY

1Sec.

21561. Right to damages given in certain cases.

31562. (Reserved).

41563. (Reserved).

51564. (Reserved).

61565. (Reserved).

7§ 1561. Right to damages given in certain cases.

8The right to damages against a borough is given to an owner
9or tenant of land, property or material, abutting on, or through
10which pass, streets, injured by the vacating of the streets, or
11the vacation of bridges and piers, abutments and approaches.

12§ 1562. (Reserved).

13§ 1563. (Reserved).

14§ 1564. (Reserved).

15§ 1565. (Reserved).

16CHAPTER 16

17LAND SUBDIVISION

18(Reserved)

19CHAPTER 17

20STREETS

21Subchapter

22A. General Provisions

23B. Plan of Streets

24C. Laying out Streets

25D. Opening, Acceptance and Vacation of Streets

26E. Vacating Streets (Reserved)

27F. Straightening and Relocating Streets

28G. Improvement of Borough Streets

29H. Improvement of Streets Outside or Partly Outside Borough
30Limits

1I. Acquisition or Use of Abutting Lands

2SUBCHAPTER A

3GENERAL PROVISIONS

4Sec.

51701. Definitions.

61702. (Reserved).

71703. (Reserved).

81704. Streets connecting with street of other municipality.

91705. Entry on land to maintain marks and monuments.

101706. Exclusive nature of provisions.

111707. Failure of council to hold hearing.

121708. Street lighting, ornamental lighting and traffic control
13signals and devices.

14§ 1701. Definitions.

15The following words and phrases when used in this chapter
16shall have the meanings given to them in this section unless the
17context clearly indicates otherwise:

18"Improving a street." The term includes work upon a street
19or portion thereof done or proposed to be done in order to open
20the street, if the street has not previously been opened or, if
21previously opened, to make the street more usable or more
22suitable for use by the traveling public or safer for the use.
23The term includes, but is not limited to, grading, paving,
24curbing and macadamizing.

25"Laying out." The term includes the plotting of:

26(1) An unopened street or portion of the street on a
27borough plan or official map adopted in accordance with the
28Pennsylvania Municipalities Planning Code on a subdivision or
29land development plan or by the enactment of an ordinance
30adopted in accordance with this chapter.

1(2) An unopened street in a case where any of the lines
2of the street are proposed to be revised or in a case where
3the street was never previously laid out although the street
4may have been opened and used.

5"Opened streets." The term includes the streets within the
6borough used as public passageways.

7"Opening a street." The term includes the construction and
8grading of a street or portion thereof and the act of physically
9taking possession of an area or laid-out street for the purpose
10of making the same usable to the traveling public.

11"Person." The term includes a natural person, association,
12firm, corporation or political subdivision.

13"Personal notice." The term includes notice upon the owner
14of a premises either by personal service upon the owner or by
15certified mail to the owner at the owner's last known address.
16Where service has not been successfully made by either of the
17two methods first mentioned, it may be made by leaving the
18notice at or upon the premises.

19"Portion." The term includes a portion either of the width
20or length of a street. Opening a portion of a street may mean
21extending or widening a street and vacating a portion of a
22street may mean closing or narrowing a street.

23"Street." The term includes a street, road, lane, court,
24cul-de-sac, alley, public way and public square, either for or
25intended for public use, and includes the cartway, sidewalk,
26gutter and the right-of-way area, whether or not the street or a
27part of the street is owned in fee by others than the borough.
28Streets are of two classes, opened and unopened.

29"Unopened streets." The term includes the streets within the
30borough neither used as a public passageway, nor accepted or

1maintained, but plotted in one of the following:

2(1) a borough plan or official map adopted in accordance
3with the Pennsylvania Municipalities Planning Code;

4(2) an ordinance laying out the street in accordance
5with this chapter;

6(3) a subdivision or land development plan; or

7(4) an individual deed.

8§ 1702. (Reserved).

9§ 1703. (Reserved).

10§ 1704. Streets connecting with street of other municipality.

11No action may be taken under this chapter that would result
12in the change of location or grade or the vacation of a street
13or portion thereof that connects with a street of another
14municipality, without approval of the court of common pleas of
15the county in which the municipality is located, unless the
16municipality first files with the borough secretary its approval
17of the proposed action.

18§ 1705. Entry on land to maintain marks and monuments.

19The council, its agents and employees, may enter upon any
20land or property and maintain marks and monuments, so far as the
21council may deem necessary, in carrying out its powers and
22duties under this chapter.

23§ 1706. Exclusive nature of provisions.

24No street may be dedicated, accepted, acquired, laid out,
25opened or vacated by a borough except under this chapter.

26§ 1707. Failure of council to hold hearing.

27If, after the filing of a petition under this chapter,
28council fails to hold a required hearing, an aggrieved party may
29file a mandamus action in the court of common pleas requesting
30that a hearing be held.

1§ 1708. Street lighting, ornamental lighting and traffic
2control signals and devices.

3Council may provide street lights and ornamental lighting and
4make regulations for the protection of lighting. Council may
5assess the costs for the erection of lighting in accordance with
6Chapter 21A (relating to assessments and charges for public 
7improvements). Council may provide for the erection, maintenance
8and operation of traffic control signals and devices in
9accordance with 75 Pa.C.S. (relating to vehicles).

10SUBCHAPTER B

11PLAN OF STREETS

12Sec.

131711. (Reserved).

141712. Borough street plan.

15§ 1711. (Reserved).

16§ 1712. Borough street plan.

17(a) Adoption of plan.--A borough that has not maintained an
18accurate plan of borough streets adopted in accordance with this 
19part prior to July 16, 2012, may only adopt a plan of streets
20under the Pennsylvania Municipalities Planning Code, governing
21the adoption of an official map.

22(b) Amendments to plan.--If a borough maintains a plan of
23streets adopted prior to July 16, 2012, or maintains an official
24map containing opened and unopened streets, a street laid out in
25accordance with this part by ordinance or by final approval of a
26subdivision or land development plan must be deemed an amendment
27to the plan. Notwithstanding any other provision of law, a
28deemed amendment as provided in this section and a subsequent
29placement of the street on a plan may not be subject to public
30notice or public hearing, if the street has been laid out in

1accordance with the requirements of this chapter.

2(c) Prohibition.--The maintenance of a plan of streets or
3official map shall not be required in order for a borough to lay
4out streets in accordance with section 1721.2(b) (relating to 
5laying out streets and procedure) or lay out and open a street
6in accordance with section 1724 (relating to effect of laying 
7out street).

8SUBCHAPTER C

9LAYING OUT STREETS

10Sec.

111721. (Reserved).

121721.1. Power to lay out, open, etc.

131721.2. Laying out streets and procedure.

141722. (Reserved).

151723. (Reserved).

161724. Effect of laying out street.

17§ 1721. (Reserved).

18§ 1721.1. Power to lay out, open, etc.

19(a) Authority of borough.--In accordance with the provisions
20of this chapter, boroughs may, with or without petition of
21abutting property owners, lay out, open, widen, straighten,
22alter, extend and improve, and may establish or reestablish the
23grades of, and keep in order and repair and in safe passable
24condition, a street or portion of a street within the borough
25limits or may vacate the street or portion of a street if deemed
26expedient for the public good and provide for the costs of
27alteration.

28(b) Laying out or opening streets.--Boroughs may lay out or
29open:

30(1) a street or portion of a street as it appears upon a

1borough plan or an official map adopted in accordance with
2the Pennsylvania Municipalities Planning Code or is described
3in an ordinance adopted in accordance with this chapter;

4(2) a street or portion of a street that the borough
5determines to acquire by eminent domain;

6(3) a street to which the public has acquired rights by
7constant use over a period exceeding 21 years; or

8(4) a street or portion of a street, laid out or
9constructed by a person that the borough sees fit to open or
10accept as provided in this chapter.

11§ 1721.2. Laying out streets and procedure.

12(a) Streets deemed to be laid out.--A street identified in a
13plan of streets, an official map adopted in accordance with the
14Pennsylvania Municipalities Planning Code or a recorded
15subdivision or land development plan is deemed to be laid out
16for purposes of this part.

17(b) Future street opening.--A borough has the authority, by
18ordinance, to lay out an area for future opening as a public
19street. The proposed ordinance laying out the street must be
20advertised in a newspaper of general circulation once a week for
21two successive weeks. On or before the publication of the first
22advertisement, personal notice must be provided to the owners of
23a property abutting the proposed street or through which the
24proposed street is to be laid out, and, if the proposed street
25will lead into an adjacent municipality, a copy of the proposed
26ordinance must be sent to the adjacent municipality. The
27proposed ordinance must have appended to the ordinance or
28referenced a map sufficient to apprise the public of the
29proposed location, profile and dimensions of the street and must
30list the names of the owners of a property through which the

1proposed street has been laid out.

2(c) Hearing, notice and enactment.--Within ten days after
3the second publication of the notice required under subsection
4(b), an interested party may petition council for a hearing,
5which council shall hold within 60 days after the date of the
6petition. Council shall give at least 15 days' notice of the
7hearing in a newspaper of general circulation and by personal
8notice to persons entitled to the notice under subsection (b).
9Council may enact the ordinance no later than 30 days following
10the date of the hearing or, where no timely petition has been
11filed, within 30 days of the second publication of the notice
12required by subsection (b). The enactment of the ordinance
13constitutes public notice of the borough's intent to recognize
14the street within the system of borough streets and the
15borough's rights in the street. Within 30 days of the enactment
16of the ordinance, a party aggrieved by council's action may
17appeal to the court of common pleas.

18(d) Filing of ordinance.--If, at the time of the enactment
19of an ordinance in accordance with subsection (c), the lines of
20the laid out street include property not subject to use as a
21public passageway, the ordinance must be filed with the recorder
22of deeds of the county where the borough is located. The
23recorder of deeds shall index the ordinance by name of borough,
24name of the property owner and, if applicable, parcel number of
25the property through which the proposed street is laid out.

26(e) Landowners.--If a street has been laid out by ordinance
27as provided in this section, the owner or subsequent owner has
28no right to damages for buildings or improvements placed on
29streets after the date of enactment, and the buildings or
30improvements must be removed at the expense of the landowner

1after the opening of the street in accordance with this part.

2(f) Laying out without opening.--The laying out of a street,
3without opening the street, creates no right to public use of
4the street and does not constitute the taking or acceptance of a
5property or obligate the borough to improve or maintain the
6street or the property on which the street has been laid out.

7(g) Previously laid out streets.--Nothing in this section
8may affect the validity or legal effect of a street laid out in
9accordance with law prior to July 16, 2012.

10§ 1722. (Reserved).

11§ 1723. (Reserved).

12§ 1724. Effect of laying out street.

13(a) Street unopened after ten years.--At any time after a
14street or portion of the street has remained laid out but not
15opened for a period of ten years or longer, an owner of 50% of
16the front feet of the land over which the street or portion of
17the street was laid out may petition the council to cancel the
18laying out of the street. Following at least 15 days' notice in
19a newspaper of general circulation and at least 15 days'
20personal notice to the owners of the real estate abutting upon
21the land over which the street or portion of the street was laid
22out, council shall hold a public hearing on the matter. Council
23may, on motion, deny the petition or, by ordinance, grant the
24petition and cancel the laying out of the street. A person
25aggrieved by the decision of the council, either granting or
26denying the petition, may appeal it. The ordinance providing for
27the cancellation of the laying out of a street must be filed
28with the recorder of deeds in accordance with section 1721.2(d)
29(relating to laying out streets and procedure).

30(b) Street unopened after 21 years.--If a street has been

1laid out and has not been opened to or used by the public for a
2period of 21 years, the street may not thereafter be opened
3without the consent of at least 51% percent of the number of
4owners of the abutting real estate and without the consent of
5the owners of at least 51% of the property abutting the street,
6based on a front foot basis.

7SUBCHAPTER D

8OPENING, ACCEPTANCE AND

9VACATION OF STREETS

10Sec.

111731. Authority to open and vacate streets and procedure.

121732. Petition for opening or vacating street and action
13thereon.

141733. Action for damages and benefits and award.

151734. Acceptance and dedication of streets.

161735. Streets not to be constructed, dedicated or opened to
17travel without the approval of council.

181736. (Reserved).

191737. (Reserved).

20§ 1731. Authority to open and vacate streets and procedure.

21(a) Authority of council authority.--By ordinance, council
22has the authority to:

23(1) Open a street or portion of a street previously laid
24out or simultaneously to lay out and open a street or portion
25thereof. A street or portion of a street so opened is a
26public street of the borough.

27(2) Vacate or close a street or portion of a street
28previously opened or laid out provided that no street or
29portion of a street providing the sole means of access to a
30tract of land is vacated without the consent of those to whom

1access would be denied. Vacation of a street terminates the
2public right in or to the street but does not affect a
3private right acquired by an owner of abutting property.

4(b) Notice.--The proposed ordinance opening or vacating a
5street or portion of a street must be advertised in a newspaper
6of general circulation once a week for two successive weeks. On
7or before the publication of the first advertisement, personal
8notice must be provided to the owners of a property abutting the
9street proposed to be opened or vacated. The proposed ordinance
10must have appended to it or reference a map or survey sufficient
11to apprise the public of the proposed location, profile and
12dimensions of the street and must list the names of the owners
13of a property abutting the street.

14(c) Hearing.--Within ten days after the second publication
15of the notice required under subsection (b), an interested party
16may petition council for a hearing, which council shall hold
17within 60 days after the date of the petition. Council shall
18give at least 15 days' notice of the hearing in a newspaper of
19general circulation and by personal notice to persons entitled
20to notice under subsection (b). Council may enact the ordinance
21no later than 30 days following the date of the hearing or,
22where no timely petition has been filed, within 30 days of the
23second publication of the notice required under subsection (b).
24Within 30 days of the enactment of the ordinance, any party
25aggrieved by council's action may appeal to the court of common
26pleas.

27§ 1732. Petition for opening or vacating street and action
28thereon.

29(a) Petitioning council.--Any person or persons constituting
30a majority in number and interest of the owner of the real

1estate abutting upon an area not opened as a street or abutting
2upon an existing street or portion of a street may petition the
3council to:

4(1) Open or lay out and open the area as a street or
5portion of a street.

6(2) Vacate a street or portion of a street.

7(b) Hearing and decision.--Council shall hold a hearing
8after receiving a petition filed with council in accordance with
9subsection (a), following at least 15 days' personal notice to
10the owners of abutting real estate not joining in the petition
11and following at least 15 days' notice thereof in a newspaper of
12general circulation. Following the hearing, council shall either
13by motion deny the petition or by ordinance open, lay out and
14open or vacate the street or portion of the street. The
15provisions of section 1731 (relating to authority to open and 
16vacate streets and procedure) applicable to ordinances enacted
17by authority of that section apply to ordinances enacted by
18authority of this section.

19(c) Release.--A petition for the vacation of a street or
20portion of a street may release the borough from the damages
21sustained as a result of the vacation if the petition is signed
22by the owners of the property abutting upon the street or
23portion of the street. Where the release has been included in
24the petition, no proceedings for award of damages may be had,
25and no damages as a result of the vacation may, under any
26conditions, be awarded to an abutting property owner.

27§ 1733. Action for damages and benefits and award.

28(a) Authority of borough.--Upon the effective date of an
29ordinance enacted to open a street or portion of a street by
30authority of section 1731 (relating to authority to open and
 

1vacate streets and procedure) or 1732 (relating to petition for 
2opening or vacating street and action thereon), the borough has
3authority to enter upon and take possession of the street or
4portion of the street opened by the ordinance, if no structures
5are upon the street. If a structure has been located upon the
6street or portion of the street so opened, prior to the laying
7out of the street or prior to the simultaneous laying out and
8opening of the street, the street may not be opened until the
9owner of the structure has been given 60 days' personal notice
10to vacate the structure. Council may not be required to file any
11bond or security for the exercise of the right granted by this
12section.

13(b) Limitation.--The parties whose ground is taken in the
14opening of a street or portion of the street have three years
15from and after the effective date of the ordinance opening the
16street or portion of the street in which to bring an action for
17damages resulting from the opening of the street or portion of
18the street. In case of the assessment of damages for the opening
19of a street or portion of the street, the award of damages, if
20any, includes:

21(1) the damages resulting from the grade at which the
22street or portion of the street is to be opened; and

23(2) the plan attached to the report of the viewers
24awarding the damages must include a profile plan showing the
25existing grade as well as the grade to which the street or
26portion of the street is to be opened.

27Costs and expenses that cannot be assessed upon property
28benefited must be paid by the borough.

29(c) No agreement on damages.--If the parties cannot agree
30upon damages sustained by reason of the opening or vacation of

1any street or portion of a street, the damages shall be assessed
2by a jury of view under the law governing eminent domain.

3§ 1734. Acceptance and dedication of streets.

4(a) Accept an opened street.--A borough may, by ordinance,
5accept an opened street not previously dedicated to or laid out
6by the borough by following the procedure set forth in section
71731 (relating to authority to open and vacate streets and 
8procedure) or 1732 (relating to petition for opening or vacating 
9street and action thereon), and the effect of the acceptance
10shall be the same as of opening the street. No street may be
11accepted unless the street connects with at least one other
12previously opened street or State highway.

13(b) Prohibition.--No borough may acquire a right in or
14responsibility for a street privately constructed until
15dedication of the street has been presented to and accepted by
16the borough and until the dedication has been recorded in the
17county office for the recording of deeds.

18§ 1735. Streets not to be constructed, dedicated or opened to
19travel without the approval of council.

20(a) Requirements.--No person may construct, dedicate or open
21to travel a street or a drainage facility in connection with the
22street for public use or travel or for the common use of
23occupants of buildings abutting thereon in a borough without
24first submitting suitable plans to the council and obtaining its
25approval. The plans must:

26(1) be prepared in accordance with rules and regulations
27as may be prescribed by the council; and

28(2) show the profiles of the street, the course,
29structure and capacity of a drainage facility, and the method
30of drainage of the adjacent or contiguous territory, and any

1other or further details that may be required under the rules
2or regulations adopted by the council.

3(b) Pennsylvania Municipalities Planning Code.--The
4Pennsylvania Municipalities Planning Code shall apply to the
5construction, security requirements and dedication of streets
6and connected drainage facilities if the streets proposed to be
7constructed are part of a plan required by an ordinance adopted
8under the Pennsylvania Municipalities Planning Code.

9(c) Authority and duties of council.--

10(1) Before acting upon plans not subject to review under
11subsection (b), council may, at its discretion, arrange for a
12public hearing after giving the notice as it may deem
13desirable in each case. Council may alter the plans and
14specify changes or modifications of any kind and may make its
15approval of the plans subject to alterations, changes or
16modifications. Plans, when so approved, must be:

17(i) signed on behalf of the borough by the officer
18as the council may designate; and

19(ii) must be filed where the plans are available for
20public inspection among the records of the borough at
21reasonable times.

22(2) No approval of plans by council may obligate or
23require the borough to construct, reconstruct, maintain,
24repair or grade a street or drainage facilities associated
25therewith.

26(d) No plan approved.--If the council refuses to approve any
27plans submitted to it, a person aggrieved by the action of
28council may, within 30 days after the action, appeal from the
29action by petition to the court of common pleas of the county,
30and the court shall hear the matter de novo. After hearing, the

1court may enter a decree affirming, reversing or modifying the
2action of the council as may appear just. The court shall
3designate the manner in which notice of the hearing of an appeal
4shall be given to all parties interested. The decision of the
5court shall be final. A plan approved by the action of council
6or by the court on appeal must be recorded by the person
7applying for approval in the office of the recorder of deeds in
8the county.

9(e) Restriction.--If a street or a drainage facility in
10connection with the street is opened, constructed or dedicated
11for public use or travel, except in strict accordance with a
12plan approved by the council or the court on appeal as provided
13in this chapter, neither the council nor any other public
14authority may place, construct or operate a sewer, drain, water
15pipe or other facility or do any work in or upon the street.
16Neither council nor any other public authority has a
17responsibility with respect to the street or drainage facility,
18notwithstanding the use of the street or drainage facility by
19the public. Nothing in this chapter prevents the laying of a
20trunk sewer, drain or water or gas main, if required by
21engineering necessity for the accommodation of other territory.

22(f) Failure to comply with chapter.--A person who
23constructs, opens or dedicates a street or drainage facility in
24connection with a street, for public use or travel in a borough,
25without having first complied with this chapter is guilty of a
26misdemeanor of the third degree and is subject to a suit for the
27costs and damages incurred by the borough or property owners in
28the course of correcting the substantive violations of State law
29or borough ordinance resulting from or arising out of the
30unlawfully constructed street or facility. Nothing under this

1section may be construed to apply to the Department of
2Transportation.

3§ 1736. (Reserved).

4§ 1737. (Reserved).

5SUBCHAPTER E

6VACATING STREETS

7(Reserved)

8SUBCHAPTER F

9STRAIGHTENING AND RELOCATING STREETS

10Sec.

111751. Authority to straighten and relocate streets and
12procedure.

13§ 1751. Authority to straighten and relocate streets and
14procedure.

15Council may, by ordinance, provide for straightening or
16relocating any street previously opened which involves the
17opening of a portion of the straightened or relocated street
18over land not previously a portion of the street or the vacation
19of a portion of the previously opened street no longer to be
20used for street purposes. The straightening or relocation shall
21be considered as an opening or vacation and shall be effected in
22the same manner and by the same procedure as provided in section
231731 (relating to authority to open and vacate streets and
24procedure) but may be considered as a single proceeding to be
25effected by enactment of a single ordinance.

26SUBCHAPTER G

27IMPROVEMENT OF BOROUGH STREETS

28Sec.

291761. Proceedings with or without petition.

301762. (Reserved).

11763. (Reserved).

2§ 1761. Proceedings with or without petition.

3Boroughs may improve streets, parts of streets or a
4particular width or additional widths of streets, with or
5without the assistance or contribution of the Federal
6Government, the Commonwealth, the county or a corporation
7occupying the thoroughfare, and may assess and collect the whole
8cost of improvement, the whole cost not aided or contributed or
9any part of the cost from the owners of real estate abutting on
10the improvement in accordance with Chapter 21A (relating to 
11assessments and charges for public improvements).

12§ 1762. (Reserved).

13§ 1763. (Reserved).

14SUBCHAPTER H

15IMPROVEMENT OF STREETS OUTSIDE OR PARTLY

16OUTSIDE BOROUGH LIMITS

17Sec.

181771. Improvement of streets outside or partly outside borough
19limits.

201772. (Reserved).

211773. (Reserved).

221774. (Reserved).

231775. (Reserved).

24§ 1771. Improvement of streets outside or partly outside
25borough limits.

26(a) General rule.--

27(1) Any borough may enter into a written agreement with
28an adjoining municipality for improving streets, including
29streets that are boundaries between the borough and the
30municipality and may provide in the contract for the division

1of the damages, costs and expenses of the improvement.

2(2) The borough may assess its share of the costs
3against the owner of property abutting upon the borough's
4side of the improvement in the manner provided in Chapter 21A
5(relating to assessments and charges for public improvements)
6or may agree to pay any part of the costs, damages and
7expenses of the improvements out of the general funds.

8(3) The portion of the damages, costs and expenses
9agreed to be paid by the borough shall be ascertained as
10provided in the law governing eminent domain.

11(b) Street dividing borough and township.--

12(1) If the center line of any street constitutes the
13dividing line between a borough and a township located in the
14same county, any agreement to improve and maintain the street
15shall be made with the governing bodies of the township and,
16if necessary, the county.

17(2) The improvement shall be constructed and subsequent
18repairs shall be made under the supervision of the borough
19and in compliance with plans to be agreed upon, in writing,
20by the parties.

21(3) One-half of the cost of the repairs shall be borne
22by the borough. The borough may assess its share of costs
23against the owners of real property abutting on the borough's
24side of the improvement in the manner provided in Chapter
2521A.

26(c) Street dividing borough and any other municipality.--

27(1) If any street, more than one-half the width or the
28entire width of which is within the limits of any borough,
29divides the borough from any other municipality, the street
30may be improved by the borough.

1(2) The property abutting on the side of the street
2which is located outside the limits of the borough making the
3improvements may, for a depth of 150 feet, plus one-half the
4width of the street, from its center line, be assessed for
5any and all municipal improvements to or on the street in
6accordance with Chapter 21A.

7(d) Street outside limits of borough.--A borough may
8appropriate and expend money for the improvement of a street,
9not to exceed one mile in length, outside the limits of the
10borough for the purpose of connecting improved streets in the
11borough with State highways, interstate highways and county
12roads.

13§ 1772. (Reserved).

14§ 1773. (Reserved).

15§ 1774. (Reserved).

16§ 1775. (Reserved).

17SUBCHAPTER I

18ACQUISITION OR USE OF ABUTTING LANDS

19Sec.

201781. (Reserved).

211782. Acquisition of property for unobstructed view.

22§ 1781. (Reserved).

23§ 1782. Acquisition of property for unobstructed view.

24(a) General rule.--Any borough may, singly or jointly with
25another municipality, acquire, by purchase or by the right of
26eminent domain, a free and unobstructed view down and across
27lands located at or near the intersection of any two streets or
28highways or a street or highway and a railroad or railway or at
29a curve in any street or highway as may be necessary to
30accomplish the following:

1(1) Assure a free and unobstructed view in all
2directions at the crossings.

3(2) Prevent the use of the lands for any purpose or in
4any manner which may interfere with or obstruct the view of
5persons traveling upon the street or highway.

6(b) Obstructions to be abated or removed.--After
7condemnation, the borough may abate or remove or cause to be
8abated or removed any obstruction to the view over and across
9the lands except poles used in furnishing service to the public.

10(c) Condemnation proceedings.--The proceedings for the
11condemnation of the view over and across lands and for the
12assessment of damages for property taken, injured or destroyed,
13or the portion thereof agreed to be paid by the borough if the
14taking is jointly with another municipality, shall be taken in
15the manner provided in the law governing eminent domain.

16(d) Use of lands.--Upon the purchase or condemnation of a
17view, the owner of the lands may make every use of the lands as
18will not interfere with a free and unobstructed view at the
19dangerous crossing or curve.

20CHAPTER 18

21SIDEWALKS

22Sec.

231800. Definitions.

241801. Power to lay out, establish and compel construction of
25sidewalks.

261802. Sidewalks on land abutting State highways and along roads
27outside borough.

281803. Establishment of grades.

291804. Boroughs may pay all or part of cost of grading and
30curbing.

11805. Borough may do work and collect cost.

21806. Emergency repairs to sidewalks.

3§ 1800. Definitions.

4The following words and phrases when used in this chapter
5shall have the meanings given to them in this section unless the
6context clearly indicates otherwise:

7"Sidewalk." The portion of a street located outside the
8cartway and may include paved footway, unpaved grasslot, curb
9and gutter.

10§ 1801. Power to lay out, establish and compel construction of
11sidewalks.

12(a) General rule.--

13(1) Any borough may, by ordinance, lay out and establish
14sidewalks, curbs, gutters and surface water drains along any
15street and, with the consent of the Secretary of
16Transportation, along any State highway.

17(2) The borough may also require owners of property
18abutting on any street or State highway to grade, construct,
19drain, pave and repave the sidewalk, curb or gutter and keep
20them in repair and in safe and usable condition along the
21property at the grades and under the regulations and
22specifications as council may prescribe.

23(b) (Reserved).

24§ 1802. Sidewalks on land abutting State highways and along
25roads outside borough.

26Any borough may, by ordinance, lay out sidewalks, gutters,
27and surface water drains upon land abutting the sides of State
28highways and upon land abutting the sides of public roads, where
29the roads are outside the borough limits, but the land upon
30which the sidewalks, gutters and surface water drains are to be

1laid out is within the borough limits.

2§ 1803. Establishment of grades.

3Any borough may establish a grade or grades for sidewalks,
4which may be separate and apart from the grade or grades
5established for the cartway or roadway.

6§ 1804. Boroughs may pay all or part of cost of grading and
7curbing.

8The borough may pay all or any part of the cost and expenses
9of grading and curbing any sidewalk.

10§ 1805. Borough may do work and collect cost.

11(a) General rule.--Upon the failure of any property owner to
12comply with any of the requirements in sections 1801 (relating 
13to power to lay out, establish and compel the construction of 
14sidewalks), 1802 (relating to sidewalks on land abutting State 
15highways and along roads outside borough), 1803 (relating to 
16establishment of grades) and 1804 (relating to boroughs may pay 
17all or part of cost of grading and curbing), the borough may,
18after notice, cause the grading, paving, repairing, curbing and
19guttering to be done at the cost of the owner. The borough may
20collect the cost of the work and an additional 10% of the cost,
21together with all charges and expenses, from the owner and may
22file a municipal claim for the amounts or collect the amounts by
23action in assumpsit.

24(b) Notices.--

25(1) All notices shall be served upon the owner of the
26premises to which the notice refers, if the owner is a
27resident of the borough. If the owner is not a resident, then
28the notice may be served upon the agent or tenant of the
29owner or upon the occupant of the premises. If the owner has
30no agent or tenant or there is no occupier of the premises,

1then service shall be by notice posted upon the premises.

2(2) The notice required by this section shall specify a
3period of time of not less than 30 days for the owner to
4complete the specified work. If the work has not been
5completed after the specified time has elapsed, the owner
6shall be deemed to have failed to comply.

7§ 1806. Emergency repairs to sidewalks.

8(a) General rule.--

9(1) In addition to the remedies now vested in boroughs
10to make repairs to sidewalks, any borough shall have power to
11make emergency repairs to any sidewalks within the borough if
12an inspection of the sidewalk discloses that, and a
13certificate made by the officer or head of the department or
14committee lawfully having charge of sidewalk repairs
15specifies that, a dangerous condition exists that can be
16repaired by an expenditure of not more than $1,000.

17(2) Before repairs are made, a notice to make the
18repairs within 48 hours shall be served upon the owner of the
19property. If the owner cannot be served within the county,
20notice may be served upon the agent of the owner or the party
21in possession or, if there is no agent or party in
22possession, the notice may be served by posting the same upon
23the premises.

24(b) Cost.--

25(1) Upon the completion of the work, the cost shall be a
26charge against the owner of the property and shall be a lien,
27until paid, upon the abutting property if a claim is filed.
28The charge may also be collected by action of assumpsit.

29(2) This section is intended to provide an additional
30remedy for boroughs in connection with emergency repairs,

1where the actual cost of doing the work does not exceed
2$1,000. The certificate of the officer or head of the
3department or committee in charge of repairs to sidewalks
4shall be conclusive evidence of the existence of the
5emergency justifying the repair under the terms of this
6section.

7CHAPTER 19

8BRIDGES, VIADUCTS AND

9UNDERGROUND PASSAGEWAYS

10Sec.

111901. Construction or acquisition and maintenance of bridges
12and viaducts.

131902. Right to appropriate property and assessment of damages.

141903. Boundary bridges.

151904. Contracts with railroads, other companies and counties.

161905. Overhead and underground passageways.

17§ 1901. Construction or acquisition and maintenance of bridges
18and viaducts.

19(a) Authority.--Any borough may locate and build, or acquire
20by purchase, condemnation or otherwise, any bridge or viaduct
21and the piers, approaches and abutments for the bridge or
22viaduct, to be used and thereafter improved and maintained as a
23street, over any river, creek, stream, railroad or public or
24private property or over and across a combination of any of
25them, whether the bridge or viaduct shall be wholly or partly
26within the borough limits.

27(b) Proceedings.--The proceedings for laying out and opening
28a bridge or viaduct shall be the same as provided by this part 
29for the laying out and opening of streets, and the bridge or
30viaduct or portion of the bridge or viaduct may thereafter be

1vacated under the same procedure as provided in this part for
2the relocation or vacation of streets or portions of streets.

3§ 1902. Right to appropriate property and assessment of
4damages.

5In any case where the borough does not agree with the owner
6or owners for damages done or likely to be done by the erection
7of a bridge or viaduct, the borough may take and appropriate the
8land and property necessary to erect the bridge or viaduct. The
9damages caused by the taking and appropriation shall be assessed
10according to 26 Pa.C.S. (relating to eminent domain).

11§ 1903. Boundary bridges.

12If a bridge or viaduct crosses the boundary line of a borough
13and another municipality, the borough may enter into an
14intergovernmental cooperation agreement in accordance with 53
15Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
16cooperation) with the municipality in the construction and
17maintenance of the bridge and shall apportion the costs
18according to the intergovernmental agreement.

19§ 1904. Contracts with railroads, other companies and counties.

20(a) General rule.--

21(1) The borough may enter into a contract with the
22county commissioners, railroads, street railways and other
23companies or interested parties for the building and
24maintenance of bridges or viaducts and for the payment of any
25damages caused by the location or erection thereof.

26(2) The contracts may stipulate that the county,
27borough, railroad company, street railway or other company or
28interested party shall pay a certain part of the contract
29price of the work, including damages, or may stipulate that
30each shall construct a certain portion of the work and may

1provide otherwise for the payment of damages.

2(b) Payment.--

3(1) When any railroad company, street railway or other
4company or interested party agrees to pay a certain portion
5of the cost of the work, it shall pay the portion into the
6borough treasury. The borough treasurer shall pay the amount
7over to the contractor, as may be provided in the contract.
8The amount to be paid by the county shall be paid directly to
9the contractor.

10(2) The agreement may provide for the maintenance of the
11bridges and viaducts after their erection. Nothing under this
12section shall authorize any borough to contract with a county
13for the maintenance of any bridge or viaduct which does not
14cross a place over which the county is authorized to build
15bridges. The bridge or viaduct shall be maintained as a
16borough structure, and the borough may contract with any
17party interested, except the county, for the maintenance of
18the bridge or viaduct.

19(3) Nothing in this section shall affect the powers or
20duties of the Pennsylvania Public Utility Commission to the
21extent otherwise provided by law.

22§ 1905. Overhead and underground passageways.

23If the comfort and safety of the residents of a borough and
24an adjoining municipality are enhanced by any overhead or
25underground passageway connecting with adjoining streets in
26either the borough or the municipality and extending to any
27plant or place of business where residents of the borough are
28employed, the borough may, jointly with each adjoining
29municipality, construct and maintain any passageway or may join
30with other interests in the construction and maintenance of the

1passageway.

2CHAPTER 20

3SANITARY SEWERS

4Subchapter

5A. Laying Out, Construction and Operation of Sanitary Sewers
6and Construction of Sewage Treatment Works

7B. Joint Sanitary Sewers

8C. Power to Supply Sewerage Service Outside Borough Limits
9(Reserved)

10D. Acquisition of Community Collection or Disposal Systems

11E. Connection and Use of Sanitary Sewers

12F. Monthly, Quarterly or Annual Rentals

13G. Sewers on Boundary Streets (Reserved)

14SUBCHAPTER A

15LAYING OUT, CONSTRUCTION AND

16OPERATION OF SANITARY SEWERS

17AND CONSTRUCTION OF

18SEWAGE TREATMENT WORKS

19Sec.

202000. Definitions.

212001. Power to lay out and construct.

222002. Assessments.

232003. (Reserved).

242004. (Reserved).

252005. (Reserved).

262006. (Reserved).

272007. (Reserved).

282008. (Reserved).

292009. Extensions beyond borough limits and eminent domain.

302010. Notice of certain ordinances.

12011. (Reserved).

22012. Unlawful to build within right-of-way of sanitary sewers.

32013. Opening sanitary sewers.

4§ 2000. 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"Combined sewer." A sewer used for the receiving and
9collecting of sewage and liquid waste from the inside of
10buildings and structures, storm water, roof or surface drainage,
11sump pump discharge and draining from foundation drains.

12"Sanitary sewer" or "sanitary sewer system." A sewer or
13sewers used for receiving and collecting sewage matter and
14liquid waste from the inside of buildings and structures. Storm
15water shall not be permitted to enter into a sanitary sewer. A
16sanitary sewer or sanitary sewer system does not include a
17combined sewer.

18"Sewer system." Either a sanitary sewer or a combined sewer
19and includes pump stations and force mains.

20§ 2001. Power to lay out and construct.

21(a) General rule.--

22(1) Upon enactment of an ordinance, boroughs may lay out
23and construct sanitary sewers and branches of sanitary sewers
24in streets and on public or private property and may
25construct sewage treatment works on land owned or acquired
26for those purposes. Boroughs may pay the costs and expenses
27of sanitary sewer systems and treatment works out of borough
28funds or may assess the costs and expenses pursuant to
29Chapter 21A (relating to assessments and charges for public 
30improvements).

1(2) Boroughs may determine the location and the manner
2in which sanitary sewer systems shall be constructed.
3Sanitary sewers laid and constructed in streets may be
4located in the center of the street or in the right-of-way or
5the curb lines of the street and may be for the service and
6use of properties on both sides of the street or on only one
7side of the street in which they are laid, as directed by the
8council. Boroughs shall have the authority to lay out and
9construct sanitary sewers in any street, any portion of which
10is within the limits of the borough and which forms a portion
11of the boundary dividing the borough from any other municipal
12corporation within the same county, in the same manner and to
13the same extent as if the whole of the street was within the
14limits of the borough.

15(3) If any borough is maintaining and operating a
16sanitary sewer system and sewage treatment works, it shall be
17lawful for the borough to supply sewerage service to
18municipalities, persons and corporations outside the limits
19of the borough and to enter into contracts for service at
20rates not less than those required to be paid by persons and
21corporations within the limits of the borough. This privilege
22shall not conflict with the rights of any sewer company or
23the rights of any other borough.

24(b) Consent.--

25(1) If required by other law, a borough shall obtain the
26consent and permit of the Department of Environmental
27Protection or other Federal, State or county entity,
28including the Pennsylvania Turnpike Commission, for the
29laying out and construction of a sanitary sewer and treatment
30works.

1(2) Where construction beyond the limits of the borough
2is entirely within the limits of a State or county highway or
3the turnpike, a sanitary sewer may be constructed in or under
4the State or county highway or turnpike if written notice is
5given to the Department of Transportation, county
6commissioners or Pennsylvania Turnpike Commission,
7respectively, and consent is obtained before construction is
8commenced. Permission shall not be unreasonably withheld.

9(c) Regulations.--Council may, by ordinance, make
10regulations respecting the use and maintenance of the sanitary
11sewer system and treatment works. Violations of the ordinance
12may be enforced by penalties. The regulations may do all of the
13following:

14(1) Specify materials and substances which may or may
15not enter the public sewer or sewer system.

16(2) Require that certain types or classes of waste be
17subjected to treatment or to grinding or other reduction in
18size before entering into the sewer.

19(3) Restrict the quantity of waste material that may
20enter a sanitary sewer from any premises within any time
21interval.

22(4) Require that property owners provide means other
23than the public sanitary sewers for disposal of storm,
24surface and roof water originating or accumulating upon their
25property.

26§ 2002. Assessments.

27Assessments, whether based according to benefits conferred or
28by the front foot basis, and assessment awards, if any, shall be
29calculated pursuant to Chapter 21A (relating to assessments and 
30charges for public improvements).

1§ 2003. (Reserved).

2§ 2004. (Reserved).

3§ 2005. (Reserved).

4§ 2006. (Reserved).

5§ 2007. (Reserved).

6§ 2008. (Reserved).

7§ 2009. Extensions beyond borough limits and eminent domain.

8The borough may extend the necessary sewer mains, pipes and
9outlets beyond the limits of the borough to a point where the
10sewage is to be disposed or collected and received. The borough
11shall have power to enter upon and condemn land for the
12construction of all sewer mains, outlets and treatment works as
13may be necessary for the disposal or the collection of the
14sewage, if the extension is in conformity with 26 Pa.C.S. § 206
15(relating to extraterritorial takings) and any other applicable
16requirement of 26 Pa.C.S. (relating to eminent domain).

17§ 2010. Notice of certain ordinances.

18No ordinance for any construction of sewers or treatment
19works beyond the limits of the borough shall be enacted until
20notice of the ordinance has been given in all of the following
21manners:

22(1) By publication of the proposed ordinance, once a
23week for four weeks in one newspaper of general circulation.

24(2) By serving copies of the proposed ordinance at least
25ten days before the enactment of the ordinance upon all land
26owners through whose land the sewer is to pass or on whose
27lands any treatment works are to be located.

28§ 2011. (Reserved).

29§ 2012. Unlawful to build within right-of-way of sanitary
30sewers.

1It shall be unlawful for any person to erect any building or
2make any improvement within the right-of-way of any sanitary
3sewer after due notice of the laying out of the sanitary sewer,
4and, if any erection or improvement shall be made, no allowance
5shall be had for the building or improvement in the assessment
6of damages.

7§ 2013. Opening sanitary sewers.

8(a) General rule.--A proceeding to open a sanitary sewer
9shall be void if a borough:

10(1) lays out any sanitary sewer over or under private
11property which is located in whole or in part within the
12limits of the borough; and

13(2) does not proceed to open the sanitary sewer and to
14assess the damage arising therefrom within two years from the
15enactment of the ordinance.

16(b) Exception.--If a borough has laid out a sanitary sewer
17without the enactment of an ordinance prior to July 16, 2012,
18and has not opened the sanitary sewer, the proceedings shall not
19be deemed to be void. The borough shall have two years from July
2016, 2012, to open the sanitary sewer or the whole proceeding
21shall be void.

22SUBCHAPTER B

23JOINT SANITARY SEWERS

24Sec.

252021. Joint sanitary sewer systems.

262022. (Reserved).

272023. Connections with sanitary sewers of adjacent
28municipalities.

292024. Applications to court.

302025. Appointment of viewers.

12026. Report of viewers and appeals to court.

2§ 2021. Joint sanitary sewer systems.

3(a) General rule.--Pursuant to 53 Pa.C.S. Ch. 23 Subch. A
4(relating to intergovernmental cooperation), boroughs may
5contract with other municipal corporations providing for the
6joint construction or maintenance of sanitary sewer systems and
7for the joint construction onto existing sanitary sewer systems.
8The agreement shall provide for the apportionment of costs among
9the municipal corporations. The council may assess the borough's
10respective portion of the costs, as may be legally assessable,
11upon property benefited by the facilities pursuant to Chapter
1221A (relating to assessments and charges for public 
13improvements). Any portion of the cost not assessed or
14assessable shall be paid by the respective municipal
15corporations under the agreement.

16(b) Composition of joint sanitary sewer board.--

17(1) The municipal corporations joining or contemplating
18joining in any improvement, in order to facilitate the
19building of the sanitary sewer system and in securing
20preliminary surveys and estimates, may, by ordinance, provide
21for the appointment of a joint sanitary sewer board composed
22of one representative from each of the municipal corporations
23joining. The board shall act as the advisory and
24administrative agency in the construction of the improvement
25and its subsequent operation and maintenance.

26(2) Members of the joint sanitary sewer board shall
27serve for terms of six years each from the dates of their
28respective appointments and until their successors are
29appointed. The joint sanitary sewer board shall organize by
30the election of a chair, secretary and treasurer. The

1secretary and treasurer may be the same person.

2(3) The municipal corporations may in the ordinances
3creating the joint sanitary sewer board authorize the board
4to appoint an engineer, a solicitor and other assistants as
5are deemed necessary and agree to the share of the
6compensation of those persons each municipal corporation is
7to pay.

8(4) The members of the joint sanitary sewer board shall
9receive compensation for attending board meetings as
10established in the budget that is prepared by the joint
11sanitary sewer board and submitted to and adopted by the
12municipal corporations. The members shall be entitled to
13actual expenses to be paid by the respective municipal
14corporations the members represent.

15(c) Powers of the joint sanitary sewer board.--

16(1) The joint sanitary sewer board may adopt rules and
17regulations consistent with the requirements of this part to
18govern its proceedings and shall prepare and suggest any
19practical measures and plans by which the joint improvement
20may be carried to successful completion and plan the future
21development of the system, so as to conform to a general
22plan.

23(2) The joint sanitary sewer board may prepare a joint
24agreement or agreements for submission to and adoption by the
25municipal corporations defining the advisory and
26administrative powers of the joint sanitary sewer board and
27setting forth the following:

28(i) Consents of the municipal corporations to the
29proposed improvement.

30(ii) The manner in which preliminary and final

1plans, specifications and estimates for the proposed
2improvement shall be prepared and adopted.

3(iii) How proposals for bids shall be advertised and
4contracts awarded.

5(iv) The manner in which the costs of the
6improvement and other incidental and preliminary expenses
7in connection with the improvement and the future cost of
8operation and maintenance shall be equitably shared,
9apportioned and paid.

10(v) All other matters, including the preparation and
11submission of annual and other budgets, as may be deemed
12necessary or required by law to complete the proposed
13improvement and to assure future maintenance and
14operation thereof.

15(3) The joint sanitary sewer board may not make any
16improvement or spend any public money which has not first
17been authorized by all of the municipal corporations
18proceeding with the improvement.

19(d) Eminent domain.--

20(1) When it is necessary to acquire, appropriate, injure
21or destroy private property to build a joint sanitary sewer
22system or improvement and the property cannot be acquired by
23purchase or gift, the right of eminent domain shall vest in
24the municipal corporation where the property is located.

25(2) When it is necessary to acquire, injure or destroy
26property in any territory not within the limits of any of the
27municipal corporations joining in the improvement, the right
28of eminent domain shall be vested in the municipal
29corporation adjacent to the territory where the property is
30located subject to 26 Pa.C.S. § 206 (relating to

1extraterritorial takings).

2(3) Damages for any property taken, injured or destroyed
3shall be assessed under laws relating to the municipal
4corporation exercising the right of eminent domain and shall
5be paid by the municipal corporations joining in the same
6proportion as other costs of the improvements.

7(e) Indebtedness.--Each of the boroughs joining in the
8improvement shall have power to incur or increase its
9indebtedness, not exceeding the constitutional limits, for the
10purpose of paying its share or portion of the cost of the
11improvement in the manner now provided by law for the incurring
12of indebtedness.

13§ 2022. (Reserved).

14§ 2023. Connections with sanitary sewers of adjacent
15municipalities.

16A borough may connect with an existing sanitary sewer, owned
17by an adjacent municipality, for sewerage purposes in the manner
18prescribed in sections 2024 (relating to applications to court),
192025 (relating to appointment of viewers) and 2026 (relating to
20report of viewers and appeals to court).

21§ 2024. Applications to court.

22If a borough desires to connect with the existing sanitary
23sewer of an adjacent municipality and no agreement, either upon
24the basis of a rental payment for the use of an existing
25sanitary sewer or a division of the cost of the construction or
26maintenance of the sanitary sewer, has been reached between the
27borough and the adjacent municipality, an application shall be
28made by council to the court of common pleas of the county where
29the proposed connection is to be located, setting forth that
30fact.

1§ 2025. Appointment of viewers.

2If the court determines that the connection can be made
3without impairing the usefulness of the existing sanitary sewer,
4it shall appoint three viewers who shall:

5(1) View the premises and investigate the facts of the
6case.

7(2) Assess the proportionate part of the expense of
8building the original sanitary sewer upon the borough.

9(3) Fix the proportion of the expense for repairs which
10each municipality shall thereafter bear.

11(4) Determine all other questions liable to arise in
12connection with the sanitary sewer.

13§ 2026. Report of viewers and appeals to court.

14The viewers shall report to the court the result of their
15investigation. The report shall be confirmed within 30 days
16unless exceptions are filed. After confirmation of the report or
17the disposal of any exceptions, any party interested may appeal
18from the decision of the court of common pleas.

19SUBCHAPTER C

20POWER TO SUPPLY SEWERAGE SERVICE

21OUTSIDE BOROUGH LIMITS

22(Reserved)

23SUBCHAPTER D

24ACQUISITION OF COMMUNITY COLLECTION

25OR DISPOSAL SYSTEMS

26Sec.

272040. Definitions.

282041. (Reserved).

292041.1. Power to acquire community sewage collection or
30disposal systems.

12042. (Reserved).

22043. Community sewage collection or disposal systems.

3§ 2040. Definitions.

4The following words and phrases when used in this subchapter
5shall have the meanings given to them in this section unless the
6context clearly indicates otherwise:

7"Community sewage collection or disposal system." All or 
8part of a device or devices installed on any privately or 
9publicly owned parcel of land intended to treat or dispose of 
10the sewage or equivalent volume of domestic sewage from two or 
11more residences, buildings or occupied parcels of land, or any 
12system of piping used in collection and conveyance of sewage on 
13private or public property.

14§ 2041. (Reserved).

15§ 2041.1. Power to acquire community sewage collection or
16disposal systems.

17(a) General rule.--A borough may, by ordinance, acquire
18ownership of a community sewage collection or disposal system by
19purchase or by the exercise of eminent domain pursuant to 26
20Pa.C.S. (relating to eminent domain) or by gift from the owner
21or owners.

22(b) Assessment of costs and expenses.--In eminent domain
23proceedings, the viewers shall assess the costs and expenses of
24the community sewage collection or disposal system acquired by
25the borough upon the property or properties benefited according
26to benefits. Any deficiency that is not assessed upon the
27benefited property or properties shall be paid by the borough.

28§ 2042. (Reserved).

29§ 2043. Community sewage collection or disposal systems.

30(a) General rule.--After a community sewage collection or

1disposal system has been acquired under this subchapter by the
2borough, the council shall have the power to enlarge the system
3if it deems it advisable. The cost and expenses of the
4enlargement may be distributed or assessed in the same manner as
5if the enlargement was a regular sewer constructed by the
6borough under other provisions of this part.

7(b) Acquisition and ownership.--If a community sewage
8collection or disposal system is established or constructed
9within a borough by a private owner or owners and the council is
10thereafter empowered by ordinance to acquire the ownership of
11the sewage disposal system, or when the system has been enlarged
12by the borough, the acquisition and ownership shall be subject
13to the following provisions:

14(1) An agreement shall be considered a valid agreement
15by the owners of the sewage collection or disposal system and
16shall be a transfer of ownership to the borough when any of
17the following enter into an agreement with the borough for
18the acquisition of the system by the borough:

19(i) The person or persons having established or
20constructed a community sewage collection or disposal
21system.

22(ii) More than one-half of the number of owners of
23properties which are connected with, have a right to use
24and are using a community collection or disposal system.

25(2) The borough shall operate and maintain any sewage
26collection or disposal system acquired and any enlargement or
27addition thereto for the use of the following:

28(i) Persons having acquired from the borough or from
29the former owner or owners the right to use the system.

30(ii) Other owners of property accessible to the
 

1system up to the capacity of the sewage collection or
2disposal system.

3(3) All persons whose property connects with the sewage
4collection or disposal system acquired or constructed by the
5borough shall pay to the borough treasurer a monthly,
6quarterly, semiannual or annual charge prescribed by a
7resolution of the council. The amount of the charges shall
8not be in excess of the estimated amount necessary to
9maintain and operate the system and to establish a reserve
10fund sufficient for its future replacement.

11(4) All sewer rentals or charges imposed by the council
12against properties connected with a community sewage
13collection or disposal system under this section shall
14constitute liens against the properties and may be collected
15in the same manner as other sewer charges.

16(5) All money received from the sewer charges shall be
17deposited as a special reserve fund and shall be used only
18for the payment of the cost of operating and maintaining the
19sewage collection or disposal system and the replacement of
20the collection or disposal system, if necessary and
21economically desirable. If, at any time after the acquisition
22or enlargement of the community sewage system, a regular
23sewer system is made available by the borough for connection
24with the properties using the community sewage collection or
25disposal system, the owners of the properties shall be
26subject to the other provisions of this part relating to
27sewers, and all money at that time in the reserve fund which
28was received from charges for the use of that particular
29sewage collection or disposal system and which is over and
30above the amount expended for the operation and maintenance

1of that particular sewage collection or disposal system shall
2be used towards the payment of any sewer assessments charged
3against the properties under other sections of this part.

4(c) Construction.--Nothing in this section may be construed
5to supersede the requirements of the act of January 24, 1966
6(1965 P.L.1535, No.537), known as the Pennsylvania Sewage
7Facilities Act.

8SUBCHAPTER E

9CONNECTION AND USE OF SANITARY SEWERS

10Sec.

112051. Ordinances to require sanitary sewer connections.

122052. (Reserved).

132053. Tapping fees.

142054. (Reserved).

15§ 2051. Ordinances to require sanitary sewer connections.

16A borough may, by ordinance, require any owner of property
17benefited, improved or accommodated by a sanitary sewer to make
18connections with the sanitary sewer, in the manner as the
19borough may order, for the purpose of discharge of drainage or
20waste matter as the borough may specify. All connections
21required shall be uniform. The owner shall be given at least 45
22days' notice of any ordinance requiring a sanitary sewer
23connection. Upon failure of the owner to make the connection,
24the borough may make the connection and collect the cost from
25the owner by a municipal claim or by an action of assumpsit. The
26borough may by penalties enforce any ordinance it enacts with
27reference to any sanitary sewer connections.

28§ 2052. (Reserved).

29§ 2053. Tapping fees.

30The following shall apply to tapping fees:

1(1) Any borough may, by ordinance, provide for charging
2a tapping fee if the owner of any property connects the
3property with a sanitary sewer system constructed or acquired
4by the borough if the tapping fee is calculated in accordance
5with 53 Pa.C.S. § 5607 (relating to purposes and powers). The
6tapping fee shall be in addition to any charges assessed and
7collected against the property in the construction or
8acquisition of the sanitary sewer by the borough.

9(2) If a sanitary sewer system or any part or extension
10of a sanitary sewer system owned by a borough has been
11constructed by the borough at the expense of a private person
12or corporation or has been constructed by a private person or
13corporation under the supervision of the borough at the
14expense of the private person or corporation, the borough
15shall have the right to charge a tapping fee calculated in
16accordance with 53 Pa.C.S. § 5607 and refund the tapping fee
17or any part of the fee to the person or corporation who has
18paid for the construction of the sanitary sewer system or any
19part or extension of the sanitary sewer system in accordance
20with 53 Pa.C.S. § 5607. The total of the refunds shall never
21exceed the cost of the system or any part or extension of the
22system to the person or corporation paying for the
23construction of the system or any part or extension of the
24system.

25(3) Where the property connected or to be connected with
26the sanitary sewer system of the borough is not equipped with
27a water meter, the borough may install a meter at its own
28cost and expense. If the property is supplied with water from
29the facilities of a public water supply agency, the borough
30shall not install a meter without the consent and approval of

1the public water supply agency.

2§ 2054. (Reserved).

3SUBCHAPTER F

4MONTHLY, QUARTERLY OR ANNUAL RENTALS

5Sec.

62061. Ordinance for monthly, quarterly or annual rental.

72062. Rental amount.

82063. Collection of rental.

92064. (Reserved).

10§ 2061. Ordinance for monthly, quarterly or annual rental.

11If a borough constructs any sanitary sewer, sewer system or
12sewage treatment works or acquires, wholly or partially, the
13same at public expense, as authorized in this chapter, the
14council may provide, by ordinance, for the collection of a
15monthly, quarterly or annual rental or charge or a fixed sum for
16the use of the sanitary sewer, sewer system or sewage treatment
17works from the owner of property served by it.

18§ 2062. Rental amount.

19(a) Included amounts.--The monthly, quarterly or annual
20rental may include:

21(1) The amount expended monthly, quarterly or annually
22by the borough in maintenance, repair, alteration,
23inspection, depreciation or other expense of the sanitary
24sewer, sewer system or sewage treatment works.

25(2) Interest on money expended or borrowed by the
26borough in the construction of the sanitary sewer, sewer
27system or sewage treatment works or in the acquisition,
28enlargement or extension of the sanitary sewer or sewer
29system.

30(3) An amount sufficient for the amortization of debt

1incurred by the borough for the purpose of construction of a
2sanitary sewer, sewer system or sewage treatment works or for
3the purpose of acquisition, enlargement or extension of a
4sanitary sewer or sewer system.

5(b) Apportionment.--The monthly, quarterly or annual amount
6or fixed sum shall be apportioned equitably among the properties
7served by the sanitary sewers, sewer system or sewage treatment
8works.

9§ 2063. Collection of rental.

10(a) General rule.--The monthly, quarterly or annual rental
11or charge or the fixed sum shall be authorized and collected as
12provided by general ordinances and, if levied and charged, shall
13be a lien on the properties charged from the date set forth in
14the ordinance. If the rental, charge or fixed sum is not paid
15after 30 days' notice, it may be collected by an action of
16assumpsit in the name of the borough against the owner of the
17property charged or by a lien filed in the nature of a municipal
18lien.

19(b) Collection.--The council shall execute a warrant or
20warrants, authorizing the collection of the monthly, quarterly
21or annual sewer rentals or charges, or the fixed sum, to the
22officer employed by council to collect the same. The officer
23shall have the authority now vested by law for the collection of
24borough taxes.

25§ 2064. (Reserved).

26SUBCHAPTER G

27SEWERS ON BOUNDARY STREETS

28(Reserved)

29CHAPTER 21

30COLLECTION BY INSTALLMENT OF

1STREET AND SEWER ASSESSMENTS

2(Reserved)

3CHAPTER 21A

4ASSESSMENTS AND CHARGES FOR

5PUBLIC IMPROVEMENTS

6Sec.

721A00. Definitions.

821A01. Authority to assess.

921A02. Notice of assessments.

1021A03. Assessment based on front foot basis.

1121A04. Assessment of benefits conferred.

1221A05. Assessment awards.

1321A06. Petition for viewers.

1421A07. Payment of assessments in installments.

1521A08. Collection of assessments.

16§ 21A00. Definitions.

17The following words and phrases when used in this chapter
18shall have the meanings given to them in this section unless the
19context clearly indicates otherwise:

20"Personal notice." The term shall mean and include notice
21upon the owner of a property either by personal service upon the
22owner or by certified mail to the owner at the owner's last
23known address or where service, after a reasonable attempt,
24shall not have been successfully made by either of these two
25methods, then by leaving notice at or upon the property.

26§ 21A01. Authority to assess.

27(a) General rule.--Council shall have the power to pay the
28cost, in whole or in part, of any and all public improvements of
29all natures and descriptions, including, but not limited to, the
30grading, building, paving, regrading, rebuilding and repaving of

1streets as defined in section 1701 (relating to definitions),
2the creation, extension, renovation or enlargement of water
3mains and sewage collection, transmission, treatment and
4disposal systems and the creation, extension and renovation of
5storm, surface and subsurface drainage systems, the
6construction, reconstruction and repair of wharves and docks,
7the installation of ornamental street lighting or the planting,
8removal, maintenance and protection of shade trees by any of the
9following methods:

10(1) from general borough funds;

11(2) from special borough funds created for that purpose;
12or

13(3) by assessment of costs against the benefited
14properties either on the front foot or benefit conferred
15method of assessment.

16Except as provided in subsection (c), the costs and expenses of
17sanitary sewers may be assessed against properties benefited,
18accommodated or improved regardless of the property line
19location and regardless of whether any portion of a property
20benefited, accommodated or physically improved abuts upon the
21sanitary sewer.

22(b) Payment of indebtedness.--

23(1) If a borough that incurs authorized indebtedness
24under 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness
25and borrowing) for the purposes of funding the cost and
26expense of making public improvements for which assessments
27can be made in accordance with this chapter, payments made on
28the assessment must be applied to pay the debt service for
29the indebtedness incurred for funding the cost and expense of
30making the public improvement.

1(2) Notwithstanding section 21A07 (relating to payment 
2of assessments in installments), when bonds are issued in a
3manner provided by law and an assessment is to be paid in
4installments, the assessment shall be payable in equal
5installments during the term for which the bond is issued,
6and the cost of the improvement plus interest beginning the
7first day when interest is payable on the bond shall be the
8cost of the improvement to be assessed on a property.

9(c) Property outside borough.--Property benefited, improved
10or accommodated which is located outside the limits of the
11borough that constructed a sanitary sewer may, if located no
12more than 150 feet from the sewer main, be assessed for the cost
13of the sewer in the same manner as the property would be
14assessed under the laws of this Commonwealth if it were entirely
15located within the limits of the borough, if the property is
16given permission to use the sanitary sewer and is not, at the
17time the sanitary sewer is constructed, provided with sanitary
18sewer facilities.

19(d) Water mains.--Boroughs shall have power to assess the
20whole cost or any part of the cost of construction of new water
21mains built in connection with the establishment or extension of
22a municipally owned water supply system, even if the mains are
23located outside the limits of the borough, and that serve
24abutting properties, against the properties abutting the
25boundary line. The borough may provide that the assessment be
26rebated to the owner of the assessed property out of rates
27charged for water consumed in serving the assessed property. The
28borough may also issue a negotiable credit memorandum in the
29amount of the assessment which may be used for the payment of
30any water service to the extent of the assessment.

1§ 21A02. Notice of assessments.

2The borough secretary shall cause 30 days' personal notice of
3the assessment to be served upon each property owner assessed.
4If a certificate is required to be filed with council relating
5to the public improvement as otherwise provided in this part,
6then a copy of the certificate shall accompany the notice.

7§ 21A03. Assessment based on front foot basis.

8(a) General rule.--If council elects to collect the cost,
9including any administrative fees, of any improvement on the
10front foot basis, the cost to be collected shall be divided by
11the total number of linear feet of street frontage of each
12property benefited, and there shall be assessed against each
13property that portion of the cost which is determined by
14multiplying the dividend of the prior calculation by the number
15of linear feet for street frontage of that property.

16(b) Certificate of assessment.--Council shall issue a
17certificate of assessment when assessing on the front foot basis
18duly certified under the seal of the borough and attested by the
19president of council and secretary. The certificate of
20assessment shall be prima facie evidence in any suit for
21recovery of the same of the correctness and validity of the
22assessment.

23(c) Adjustments in assessments.--Notwithstanding subsection
24(a), council may make equitable adjustments for corner lots,
25lots of irregular shape or, where special conditions exist,
26where an assessment for full frontage would be unjust.

27§ 21A04. Assessment of benefits conferred.

28(a) General rule.--In lieu of the front foot basis, council
29may elect to have the benefits of public improvements assessed,
30in whole or in part, upon property benefited, improved or

1accommodated by assessing an equal assessment on the properties
2benefited, improved or accommodated in proportion to the total
3cost of construction of the improvement. The amount of the
4charge on each property shall be determined by council.

5(b) Certificate.--Council shall issue a certificate of
6assessment when assessing benefits upon property benefited,
7improved or accommodated, duly certified under the seal of the
8borough and attested by the president of council and secretary.
9The certificate of assessment shall be prima facie evidence in
10any suit for recovery of the same of the correctness and
11validity of the assessment.

12§ 21A05. Assessment awards.

13In proceedings to assess benefits, if the land or property is
14both benefited and damaged by the public improvements, the
15excess of damages over benefits, the excess of benefits over
16damages or nothing in case the benefits and damages are equal
17shall be awarded to or assessed against the owner of land and
18property affected. Damages shall be calculated pursuant to 26
19Pa.C.S. (relating to eminent domain).

20§ 21A06. Petition for viewers.

21(a) Petition.--Taxpayers of the borough whose property is
22being assessed for benefits for a public improvement may present
23a petition to the court of common pleas stating that the
24assessment insufficiently represents the benefits accruing to
25abutting, benefited or accommodated properties. The petition may
26include a request for the appointment of viewers to assess
27benefits if at least 50% of the taxpayers whose parcels are
28abutting, benefited or accommodated by the public improvement in
29question join the petition or if taxpayers whose property
30valuation as assessed for taxable purposes within the borough

1amounts to at least 50% of the total property valuation of the
2properties being assessed for the public improvement join the
3petition. The petition must be presented within three months of
4the enactment of the ordinance levying the assessment.

5(b) Viewers.--The court shall appoint three disinterested
6viewers, none of whom shall be a resident of that portion of the
7borough that is benefited or accommodated by the public
8improvement in question, and the viewers shall proceed under
9this part and 26 Pa.C.S. (relating to eminent domain) for the
10assessment of damages and benefits by viewers. Upon the filing
11of the petition by taxpayers for the appointment of viewers, any
12assessment made by the council and any proceedings shall be
13stayed pending the disposition of the petition by the court.

14§ 21A07. Payment of assessments in installments.

15(a) Installments.--If an ordinance is passed providing for a
16public improvement, the expense of which is to be defrayed by an
17assessment against properties benefited by the improvement,
18either by the front foot or benefit conferred method, the
19ordinance shall specify the length of time over which the
20installments may be extended and whether payments are to be made
21by equal annual or more frequent installments. If the provisions
22of section 21A01(b)(2) (relating to authority to assess) and
23this subsection conflict, the provisions of section 21A01(b)(2)
24shall prevail to the extent of the conflict.

25(b) Commencement of payments and rate of interest.--The
26ordinance shall set a time when the installment payments shall
27commence and shall set forth the rate of interest for the
28installments which shall not be more than 6% per year.

29(c) Installment agreement.--The borough shall enter into a
30written installment agreement with each property owner, subject

1to the requirements of the ordinance pertaining to the
2agreements and this chapter.

3(d) Unpaid installments.--If an installment remains unpaid
4for 60 days after it has become due and payable, the entire
5unpaid assessment, plus unpaid accrued interest and any costs,
6shall be due and payable, and the borough solicitor shall
7proceed to collect it by filing a lien in the same manner as
8municipal claims are filed or by action in assumpsit.

9(e) Prepayment.--A property owner upon whom an assessment
10has been made may pay all or as many of the installments before
11they are due, with interest and costs to the due date of the
12next installment.

13§ 21A08. Collection of assessments.

14(a) Collection methods.--If an assessment remains unpaid at
15the expiration of the 30-day personal notice and an installment
16agreement has not been entered into pursuant to section 21A06
17(relating to petition for viewers), the borough solicitor shall
18collect the unpaid assessment, with interest from the time of
19completion of the improvement or from the time of filing a
20certificate of assessment with council, plus costs, by filing a
21lien to be collected in the same manner as municipal claims or
22by action in assumpsit. When a property owner has two or more
23lots against which there is an assessment for the same
24improvement, all of the lots may be embraced in one claim.

25(b) Payment location.--Assessments, whether paid one time or
26by installments, shall be payable at the office of the borough
27treasurer or any other place as the applicable ordinance shall
28provide.

29CHAPTER 22

30STORM SEWERS AND WATERCOURSES

1Sec.

22201. Authority of boroughs.

32202. Right of entry upon lands.

42203. Manner of financing work.

52204. Proceedings to assess damages.

62205. Unlawful to build within right-of-way of storm sewers.

72206. Power to acquire storm sewer systems.

8§ 2201. Authority of boroughs.

9(a) General rule.--Any borough may, by ordinance, after
10obtaining any required permit from the Department of
11Environmental Protection or other Federal or State entity do the
12following:

13(1) Widen and deepen any watercourse running through or
14within the borough and erect dykes, retaining walls and
15embankments along the watercourse as may be necessary to
16prevent the water from overflowing the banks.

17(2) Confine and pave any watercourse or portion thereof,
18other than a navigable stream.

19(3) Engage in channel improvement through the
20construction and maintenance of storm sewers and the
21accumulation and discharge of water into storm sewers.

22(4) Vacate or alter the course or channel of any
23watercourse, other than a navigable stream.

24(5) Acquire, operate and maintain areas for the
25infiltration, detention or retention of storm water and for
26other methods of storm water management authorized by the
27Department of Environmental Protection.

28(b) Authorization and consent.--For any purpose set forth in
29subsection (a), a borough may enter upon and condemn property
30and materials as may be necessary. No borough may confine and

1pave, vacate or alter any watercourse used by any municipality,
2municipal authority or water company as a source of supply
3unless the municipality, municipal authority or water company
4shall first consent to the confining and paving, vacation or
5alteration.

6§ 2202. Right of entry upon lands.

7A borough may enter upon any land lying near a watercourse
8and secure the material as may be necessary for the purpose of
9making and repairing the embankments along the watercourse when
10the material cannot be obtained by contract at a reasonable
11price. The borough shall cause no unnecessary damage to the
12owners of the land, shall repair any fences, structures or
13damage to the land that is caused by the borough and shall
14compensate the owner, either by agreement or in accordance with
1526 Pa.C.S. (relating to eminent domain), for any materials
16obtained under this section.

17§ 2203. Manner of financing work.

18A borough may pay for the costs and expenses of any work
19authorized under section 2201 (relating to authority of 
20boroughs) wholly or in part from money of the borough available
21for the purpose. To the extent that a borough does not receive
22assistance from the Federal, State or county government for the
23costs and expenses of the work, the borough may assess the
24benefited properties located within the drainage area of the
25watercourse in accordance with Chapter 21A (relating to 
26assessments and charges for public improvements).

27§ 2204. Proceedings to assess damages.

28Any person aggrieved by any ordinance enacted or action taken
29pursuant to sections 2201 (relating to authority of boroughs),
302202 (relating to right of entry upon lands) and 2203 (relating

1to manner of financing work) may file a complaint with the court
2of common pleas to fix and determine the damages for property
3taken, injured or destroyed under 26 Pa.C.S. (relating to
4eminent domain).

5§ 2205. Unlawful to build within right-of-way of storm sewers.

6It shall be unlawful for a person to erect a building or make
7an improvement within the right-of-way of a storm sewer laid out
8after due notice of the laying out of the storm sewer. If the
9erection or improvement is made, no allowance shall be made in
10the assessment of damages.

11§ 2206. Power to acquire storm sewer systems.

12(a) General rule.--A borough may, by ordinance, acquire
13ownership of storm sewers, culverts and the necessary inlets and
14appliances for surface, under surface and storm sewer drainage
15by purchase, by the exercise of eminent domain pursuant to 26
16Pa.C.S. (relating to eminent domain) or by gift from the owner
17or owners.

18(b) Eminent domain.--In eminent domain proceedings, the
19viewers shall assess the costs and expenses of the storm sewer,
20culverts, inlets and appliances acquired by the borough upon the
21property or properties benefited according to benefits. Any
22deficiency that is not assessed upon the benefited property or
23properties shall be paid by the borough.

24CHAPTER 23

25UNDERGROUND CONDUITS

26(Reserved)

27CHAPTER 24

28WATER SYSTEM

29Subchapter

30A. General Powers to Supply Water

1A.1. Acquisition by Eminent Domain

2A.2. Acquisition by Purchase After Appraisement

3A.3. Power to Lease Water System

4A.4. Joint Water System

5A.5. Condemnation of Lands For Road Purposes and to Prevent
6Contamination

7A.6. Commission of Water System

8A.7. Water Connections

9B. (Reserved)

10C. (Reserved)

11D. (Reserved)

12SUBCHAPTER A

13GENERAL POWERS TO SUPPLY WATER

14Sec.

152401. Power to supply water and make regulations.

162402. Contracts not to abridge powers.

172403. Issue of bonds where water system acquired.

182404. Refunding bonds.

192405. (Reserved).

202406. Contracts to supply water for municipal purposes.

212407. Power to supply water beyond limits of borough.

222408. Assessment for water mains.

232409. Sale of water system.

24§ 2401. Power to supply water and make regulations.

25(a) Supply of water.--Boroughs may supply water for the use
26of the public within the borough by constructing or purchasing
27and operating a water system, by entering into contract with
28persons or corporations authorized to supply water within the
29limits of the borough or partly by constructing or purchasing
30and operating a water system and partly by entering into a

1contract.

2(b) Regulations.--Council may make regulations for the
3protection of water pipes, reservoirs and other apparatus used
4in the supplying or storing of water, for the prevention of the
5waste of water supplied and for the drilling of water wells
6within the borough.

7(c) Rates.--Council shall fix the rates to be charged for
8the water furnished to individuals, partnerships, associations
9or corporations and shall provide for the collection of water
10rents from users of water supplied by the borough. The borough's
11provision of water to users outside the borough limits as to
12character of service, extensions and rates shall be subject to
13any applicable approval, regulation or control imposed by 66
14Pa.C.S. Pt. I (relating to Public Utility Code).

15§ 2402. Contracts not to abridge powers.

16A borough's power to construct and operate a water system as
17provided in section 2401 (relating to power to supply water and 
18make regulations) shall not be abridged by the borough entering
19into a contract with a person or corporation for the supply of
20water, but the power shall remain in force as though the
21contract had not been made.

22§ 2403. Issue of bonds where water system acquired.

23Where the price and terms are agreed upon, a borough may
24become the owner of and operate any water system owned and
25operated by a corporation furnishing water within the acquiring
26borough and in nearby municipal corporations. The borough may
27pay for the water system from the revenues derived from general
28obligation bonds or utility bonds issued in the manner provided
29by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
30borrowing).

1§ 2404. Refunding bonds.

2(a) General rule.--If a borough acquires a water system
3subject to any existing lien or liens and, at the time of
4acquisition, issues utility bonds secured by the liens on the
5water system and which impose no municipal liability, then, when
6the utility bonds mature or at any time prior, the borough may
7issue and sell utility bonds for the purposes of refunding the
8outstanding bonds. The refunding bonds shall be issued as
9utility bonds pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating 
10to indebtedness and borrowing). The issued bonds shall not be
11deemed to be the creation of new obligations but shall be deemed
12a continuation of the bonds existing or created at the time of
13the original acquisition of the water system.

14(b) Time, interest rate and amount.--The bonds shall not be
15refunded for a longer period than 20 years, and the refunding
16lien bonds issued shall not bear interest at a rate exceeding
176%. The aggregate amount of the issued refunding lien bonds
18shall not exceed the amount of the bonds to be refunded. Any
19money placed in any fund by the borough or by any commission of
20the water system for the purpose of redeeming or paying the
21bonds at maturity shall be first applied to the payment of the
22principal of the bonds to be refunded and the balance of the
23bonds only shall be refunded by the issue of new bonds.

24§ 2405. (Reserved).

25§ 2406. Contracts to supply water for municipal purposes.

26Boroughs may receive bids from water companies and municipal
27authorities authorized to do business within the borough and
28from other municipalities operating a water system for the
29supply of water for fire protection and for other municipal
30purposes. The borough may contract for the supply of water with

1the water company.

2§ 2407. Power to supply water beyond limits of borough.

3If a borough maintains a water system, it shall be lawful for
4the borough to supply water to persons and corporations outside
5the limits of the borough, but the supply of water shall be
6subject to any applicable approval or regulation imposed by 66
7Pa.C.S. Pt. I (relating to Public Utility Code). The privilege
8shall not conflict with the corporate rights of any water
9company or the rights of any other municipality or municipal
10authority.

11§ 2408. Assessment for water mains.

12Boroughs shall have power to assess the whole cost or any
13part of the cost of construction of new water mains built in
14connection with the establishment or extension of a municipally
15owned water supply system in accordance with Chapter 21A
16(relating to assessments and charges for public improvements),
17notwithstanding if the mains are located within or without the
18limits of the borough.

19§ 2409. Sale of water system.

20(a) General rule.--By ordinance, a borough may sell all or
21part of its water system to a purchaser at an agreed upon price,
22and, thereafter, for all purposes that price shall be deemed to
23be the purchaser's original cost less accrued depreciation of
24the plant at the date of purchase. No ordinance shall take
25effect until the expiration of ten days following its enactment
26and if, within that ten-day period, a protest signed by at least
2710% of the registered electors of the borough is filed with the
28council, the sale shall be stayed pending a referendum on the
29ordinance.

30(b) Protest.--The following shall apply to a protest:

1(1) The borough secretary, within five days following
2the filing of the protest, shall certify to the county board
3of elections a copy of the ordinance and the fact of the
4protest, together with the number of signers of the protest,
5and the county board of elections shall direct a referendum
6to be held on the matter at a special election to be held at
7the time of the next general or municipal or primary election
8occurring not less than 60 days from the date of the
9certification by the borough secretary.

10(2) The referendum shall be conducted by the county
11board of elections in the manner provided by the act of June
123, 1937 (P.L.1333, No.320), known as the Pennsylvania
13Election Code, for the holding of special elections. The
14ballot used when voting upon the question shall contain a
15question stating the nature and purpose of the ordinance and
16provide that a "yes" vote shall be to sustain the ordinance
17and a "no" vote shall be to reject it.

18(3) If more electors vote to sustain the ordinance than
19to reject it, the ordinance shall take effect immediately. If
20more electors shall vote to reject the ordinance than to
21sustain it, the ordinance shall be null and void and shall
22not take effect.

23SUBCHAPTER A.1

24ACQUISITION BY EMINENT DOMAIN

25Sec.

262411. Appropriation of lands and waters.

272412. Agreements as to damages.

282413. (Reserved).

29§ 2411. Appropriation of lands and waters.

30A borough desiring to build a water system or to improve its

1water supply may appropriate springs, streams, rivers or creeks
2and lands, easements and rights-of-way, within or without its
3limits. If the appropriation is outside its limits, the
4appropriation shall be in compliance with 26 Pa.C.S. § 206
5(relating to extraterritorial takings). For the purpose of
6conducting water obtained outside its limits, a borough may lay
7pipes under and over any lands, rivers, streams, bridges,
8highways and under railroads. No water appropriated under this
9section shall be used in a manner as to deprive the owner of the
10water of the free use and enjoyment of the water for domestic or
11farm purposes. The exercise of the powers in this section shall
12be subject to any required approvals or permits from the
13Department of Environmental Protection or other Federal or State
14entity.

15§ 2412. Agreements as to damages.

16Prior to any appropriation under section 2411 (relating to 
17appropriation of lands and waters), the borough shall attempt to
18agree with the owner as to the damage done or likely to be done.
19If the parties cannot agree, the borough shall proceed pursuant
20to 26 Pa.C.S. (relating to eminent domain).

21§ 2413. (Reserved).

22SUBCHAPTER A.2

23ACQUISITION BY PURCHASE AFTER APPRAISEMENT

24Sec.

252421. Petition to court.

262422. Appointment of appraisers.

272423. Powers of appraisers.

282424. Appeal from appraisement.

292425. Authority to purchase and consent to sell.

302426. Bond issue and limitations.

12427. (Reserved).

2§ 2421. Petition to court.

3If a borough desires to own and operate a water system owned
4by any person, firm or corporation, the borough may present its
5petition to the court of common pleas of the county where the
6water system is located, setting forth that:

7(1) The borough desires to own the water system.

8(2) It will be necessary to issue bonds.

9(3) A value should be placed upon the water system,
10including all property, real and personal, used in connection
11with the water system.

12§ 2422. Appointment of appraisers.

13(a) Valuation.--The court of common pleas shall appoint
14three civil engineers as appraisers to value and appraise:

15(1) The water system.

16(2) The property used in connection with the water
17system.

18(3) The contracts or agreements with municipalities.

19(b) Report.--The civil engineers shall file their report in
20the court within three months after their appointment unless the
21time is extended by the court.

22§ 2423. Powers of appraisers.

23The appraisers shall have the following powers:

24(1) To access the books and records of the person, firm
25or corporation owning the water system to inform themselves
26as to the income and value of the water system.

27(2) To administer oaths and to take the testimony of
28witnesses.

29(b) Report.--The report of the appraisers shall be final
30unless the report is appealed.

1§ 2424. Appeal from appraisement.

2(a) Filing of petition.--Within ten days after notice of the
3filing of any report in the court of common pleas, either party
4may appeal from the appraisement by filing a petition for a
5hearing before the court alleging an undervaluation or
6overvaluation of the property.

7(b) Hearing.--The court shall fix a time when the appeal may
8be heard, giving at least ten days' notice to the parties, and,
9upon hearing, the court of common pleas shall have power to
10affirm or modify the report as the court deems just and proper.

11§ 2425. Authority to purchase and consent to sell.

12(a) Authority to purchase.--After the value is finally
13determined, the borough is authorized to buy the water system at
14the valuation fixed.

15(b) Consent to sell.--The person, firm or corporation owning
16the water system shall, within ten days after notice, file in
17the court of common pleas its consent to sell and convey its
18water system and property to the borough at the valuation fixed.
19In default of the filing of the consent, the person, firm, or
20corporation shall cease to have any exclusive privilege of
21supplying the borough or the citizens of the borough with water,
22and the borough may install the water system as may be necessary
23for the accommodation of the public.

24§ 2426. Bond issue and limitations.

25(a) Bond issue.--For the purpose of purchasing a water
26system, the borough may issue utility bonds in the manner
27provided by 53 Pa.C.S. Pt. VII Subpt. B (relating to
28indebtedness and borrowing).

29(b) Limitations.--The bonds shall not exceed in amount the
30value fixed by the appraisers or the court of common pleas. The

1proceeds of the sale of the bonds shall be used exclusively for
2the purpose of paying for the property acquired.

3§ 2427. (Reserved).

4SUBCHAPTER A.3

5POWER TO LEASE WATER SYSTEM

6Sec.

72431. Lease of water system.

82432. Term of lease and rental.

92433. Operation of property.

102434. (Reserved).

11§ 2431. Lease of water system.

12The council of a borough may enter into a contract with any
13individual, partnership, association or corporation for the
14leasing of a water system of the individual, partnership,
15association or corporation.

16§ 2432. Term of lease and rental.

17The lease term may be for a term of years and at a rental
18price as shall be agreed upon by the borough and the individual,
19copartnership, association or corporation.

20§ 2433. Operation of property.

21A borough shall have the same powers in operating a leased
22water system as it would have in operating a purchased or
23condemned water system.

24§ 2434. (Reserved).

25SUBCHAPTER A.4

26JOINT WATER SYSTEM

27Sec.

282436. Joint acquisition and construction.

292437. Permits.

302438. Joint commission.

1§ 2436. Joint acquisition and construction.

2A borough may join with one or more municipal corporations in
3the construction or acquisition and maintenance of a water
4system.

5§ 2437. Permits.

6The construction of a water system shall be commenced only
7after plans for the water system have been filed with the
8Department of Environmental Protection and, if required by law,
9other Federal or State entities and permits issued in accordance
10with law.

11§ 2438. Joint commission.

12(a) General rule.--The municipal corporations joining in the
13construction or acquisition and maintenance of a water system
14may, by ordinance, provide for the appointment of a joint
15commission of a water system in order to facilitate the
16construction, operation and maintenance of the water system and
17to secure preliminary surveys and estimates.

18(b) Function.--The joint commission shall act generally as
19the advisory and administrative agency in the construction of
20the improvement and its subsequent operation and maintenance.

21(c) Composition.--The joint commission shall be composed of
22one representative from each of the joining municipal
23corporations.

24(d) Term of members.--The members of the joint commission
25shall serve for terms of six years each from the dates of their
26respective appointments and until their successors are
27appointed.

28(e) Officers.--The joint commission shall organize by the
29election of a chair, secretary and treasurer. The secretary and
30treasurer may be the same person.

1(f) Ordinance provisions.--The municipal corporations may,
2in the ordinances creating the joint commission, authorize it to
3appoint an engineer, a solicitor and other assistants as are
4deemed necessary and agree to share the compensation for
5attending its meetings as shall be fixed in the budget prepared
6by the commission and submitted to and adopted by the joining
7municipal corporations.

8(g) Compensation limitation and expenses.--The budget item
9providing for the compensation to the members for attending
10meetings shall not exceed $500 per year, but members shall be
11entitled to actual expenses to be paid by the respective
12municipal corporations that the members represent. The fee for
13each attendance at meetings shall be stipulated, and no member
14shall be paid a fee for any meeting the member does not attend.

15SUBCHAPTER A.5

16CONDEMNATION OF LANDS FOR ROAD

17PURPOSES AND TO PREVENT CONTAMINATION

18Sec.

192441. Acquisition of land.

202442. Filing maps and plans.

212443. (Reserved).

222444. (Reserved).

23§ 2441. Acquisition of land.

24(a) Acquisition for construction of roads.--If a borough
25finds it necessary, when storing water for supply to the public,
26to occupy and overflow portions of any public road with water or
27if any public road leads into or crosses over any reservoir used
28for the storage of water, the borough shall, at its own expense,
29reconstruct or build a road in a favorable location, which shall
30be in the same or better condition as the original road. A

1borough is authorized to condemn land for these purposes if an
2agreement as to price cannot be reached with the landowner.

3(b) Land outside borough limits.--A condemnation of land
4outside the borough limits shall be in conformity with 26
5Pa.C.S. § 206 (relating to extraterritorial takings).

6(c) Acquisition to prevent contamination.--A borough may
7acquire, by purchase or condemnation, land along and contiguous
8to streams of water or reservoirs from which water is taken for
9public use if necessary to preserve the water from
10contamination.

11§ 2442. Filing maps and plans.

12If a change is made under section 2441(a) (relating to
13acquisition of land), the borough shall file in the court of
14common pleas a map or plan showing the change of road, and, if
15the road is outside the limits of the borough, it shall furnish
16to the governing body of the municipal corporation a copy of the
17map.

18§ 2443. (Reserved).

19§ 2444. (Reserved).

20SUBCHAPTER A.6

21COMMISSION OF WATER SYSTEM

22Sec.

232451. Commission.

242452. Terms of commissioners and compensation.

252453. Organization of commissioners.

262454. Powers of commission.

272455. Issue of bonds.

282456. Preparation of plans and specifications and contracts.

292457. Reports by commission.

302458. Care of funds.

1§ 2451. Commission.

2(a) Establishment.--If a borough owns and maintains a water
3system, there may be established in the borough, by ordinance, a
4commission of the water system, which shall have the power of a
5nonprofit corporation, to be composed of either three or five
6citizens of the borough appointed by the council who shall be
7known as commissioners of the water system.

8(b) Abolishment.--At any time after three years from the
9first appointment of the commissioners of the water system, the
10borough may abolish the commission by repealing the ordinance
11establishing the commission, which shall terminate the terms of
12the commissioners then in office.

13§ 2452. Terms of commissioners and compensation.

14(a) General rule.--If a borough establishes a commission of
15the water system, it shall be the duty of the council to appoint
16the commissioners of the water system.

17(b) Commissions with three commissioners.--If there are
18three commissioners, one shall be appointed to serve for one
19year, one for two years and one for three years. Annually
20thereafter, the council shall appoint one commissioner of the
21water system to serve a term of three years.

22(c) Commissions with five commissioners.--If there are five
23commissioners, one shall be appointed to serve for one year, one
24for two years, one for three years, one for four years and one
25for five years. Annually thereafter, the council shall appoint
26one commissioner of the water system to serve a term of five
27years.

28(d) Vacancy.--In case of a vacancy, the council shall fill
29the vacancy for the unexpired term.

30(e) Salary and expenses.--The commissioners of the water

1system may receive a salary for their services and shall be
2reimbursed by the borough for all expenses necessarily incurred
3in the performance of their duties.

4(f) Salary limitations.--The salary of the commissioners
5shall not exceed the following:

6(1) In service areas with fewer than 5,000 metered
7accounts, a maximum of $1,875 per year or $156.25 per month.

8(2) In service areas with 5,000 but fewer than 10,000
9metered accounts, a maximum of $2,500 per year or $208.33 per
10month.

11(3) In service areas with 10,000 but fewer than 15,000
12metered accounts, a maximum of $3,250 per year or $270.83 per
13month.

14(4) In service areas with 15,000 but fewer than 25,000
15metered accounts, a maximum of $4,125 per year or $343.75 per
16month.

17(5) In service areas with 25,000 but fewer than 35,000
18metered accounts, a maximum of $4,375 per year or $364.58 per
19month.

20(6) In service areas with 35,000 or more metered
21accounts, a maximum of $5,000 per year or $416.67 per month.

22§ 2453. Organization of commissioners.

23The commissioners of the water system shall meet within ten
24days after their first appointment and annually thereafter and
25organize by electing a president and secretary.

26§ 2454. Powers of commission.

27After organization, the commissioners shall take charge and
28control of the water system of the borough. The commission shall
29have the following powers:

30(1) To appoint all necessary officers and agents and

1take from the officers and agents security for the faithful
2performance of their duties as the commission deems proper.

3(2) To fix the salaries and wages of the officers and
4agents.

5(3) To provide for the repair, extension, improvement
6and maintenance of the water system and the construction of a
7new water system.

8(4) To collect water rents.

9(5) To make and establish the rates and conditions upon
10which water will be furnished to applicants, subject to any
11applicable approval, regulation or control imposed by 66
12Pa.C.S. Pt. I (relating to Public Utility Code).

13(6) To make bylaws and regulations for the economic and
14efficient management of the water system, which shall not be
15inconsistent with any of the laws of this Commonwealth or the
16rules and regulations of the Department of Environmental
17Protection. No bylaws or regulations shall become effective
18until they have been approved by the council and enacted as
19ordinances of the borough.

20§ 2455. Issue of bonds.

21The borough may, upon the request of the commissioners of the
22water system, issue general obligation or nondebt revenue bonds
23for the extension of the water system or the erection of a new
24water system. The bonds shall be designated "water system bonds"
25and shall be issued and sold in the manner provided by 53
26Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
27borrowing).

28§ 2456. Preparation of plans and specifications and contracts.

29(a) Preparation of plans and specifications.--The
30commissioners shall prepare plans and specifications of all work

1to be performed and materials necessary for the repair,
2maintenance and extension of the water system or the
3construction of a new water system.

4(b) Contracts.--The commissioners shall, after plans and
5specifications for the extension or the construction of a water
6system have been submitted to and approved by the Department of
7Environmental Protection and a permit has been granted as may be
8required by law:

9(1) Invite proposals for the performing of the work and
10the furnishing of materials.

11(2) Advertise for bids as required by law.

12(3) Let contracts to the lowest qualified and
13responsible bidder.

14(4) Take adequate security for the performance of the
15contracts and for the payment of all labor and materials.

16§ 2457. Reports by commission.

17The commissioners shall make a monthly report to the council
18of the receipts and disbursements during the preceding month and
19annually make a detailed report of the condition of the water
20system. Both the monthly and annual reports shall be deemed to
21be public records.

22§ 2458. Care of funds.

23(a) Collectors.--Collectors shall be appointed by the
24commissioners, in accordance with section 2454 (relating to
25powers of commission), who shall collect all money for water
26rents.

27(b) Deposits.--The money collected shall be deposited weekly
28with the borough treasurer who shall return a receipt to the
29commissioners.

30(c) Use.--All money collected shall be kept in a separate

1fund and shall be used for the purpose of repairing, maintaining
2and extending the water system and the construction of a new
3water system. All money remaining after the expenditures shall
4be used solely for the payment of any indebtedness on the water
5system and any indebtedness incurred by the borough for
6constructing, maintaining, improving, enlarging or extending the
7water system.

8(d) Withdrawals.--No money shall be drawn from the fund
9except upon order countersigned by the president and secretary
10of the commission.

11SUBCHAPTER A.7

12WATER CONNECTIONS

13Sec.

142461. Ordinance.

152462. Notice and failure to make required connection.

162463. Water main tapping fees.

17§ 2461. Ordinance.

18(a) General rule.--Council may, by ordinance, require any
19owner of property to connect with and use a water system of the
20borough or municipal authority or a joint water board in either
21of the following cases:

22(1) Except as provided in subsection (b), if the
23property owner's principal building is located within 150
24feet of a water system or any part or extension of the
25system.

26(2) If the property owner's principal building has no
27supply of water which is safe for human consumption.

28(b) Exception.--A property owner who after July 16, 2012, is
29subject to mandatory connection under subsection (a)(1) shall
30not be required to connect to the water system in accordance

1with subsection (a) if all of the following conditions exist:

2(1) The water system or part or extension of the system
3that is within 150 feet of the principal building was in
4existence on July 16, 2012.

5(2) The principal building has its own supply of water
6which is safe for human consumption.

7(3) Prior to July 16, 2012, the property owner was not
8required to connect to the existing system.

9(c) Backflow prevention.--A borough may require any owner of
10property to install and maintain a backflow prevention device
11based on the degree of potential hazard of the connected
12property in accordance with the Pennsylvania Construction Code
13and regulations promulgated under that act.

14(d) Penalties.--A borough may assess penalties for the
15violation of ordinances pertaining to water connections or
16backflow prevention devices.

17§ 2462. Notice and failure to make required connection.

18An owner shall be given at least 45 days' notice of any
19ordinance requiring a water connection, and, upon failure of the
20owner to make the required connection, the borough may make the
21connection and collect the cost from the owner by a municipal
22claim or in an action of assumpsit. All connections required
23shall be uniform.

24§ 2463. Water main tapping fees.

25(a) General rule.--A borough may, by ordinance, provide for
26charging a tapping fee calculated in accordance with 53 Pa.C.S.
27§ 5607 (relating to purposes and powers) if the owner of any
28property connects the property with a water main constructed or
29acquired by the borough. The tapping fee shall be in addition to
30any charges assessed and collected against the property in the

1construction or acquisition of the water main by the borough.

2(b) Refund.--If a water main or part or extension owned by a
3borough has been constructed by the borough at the expense of a
4private person or corporation or has been constructed by a
5private person or corporation under the supervision of the
6borough at the expense of the private person or corporation, the
7borough shall have the right to charge a tapping fee calculated
8in accordance with 53 Pa.C.S. § 5607 and refund the tapping fee
9or any part of the tapping fee to the person or corporation who
10has paid for the construction of the water main or any part or
11extension. The total of the refunds shall never exceed the cost
12of the system or any part or extension to the person or
13corporation paying for the construction.

14SUBCHAPTER B

15(RESERVED)

16SUBCHAPTER C

17(RESERVED)

18SUBCHAPTER D

19(RESERVED)

20CHAPTER 24A

21MANUFACTURE AND SUPPLY OF ELECTRICITY

22Sec.

2324A01. Definitions.

2424A02. General powers.

2524A03. Specific powers.

2624A04. Municipal power agencies.

2724A05. Additional contracting authority.

28§ 24A01. 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"Municipal power agency." A separate body politic and
3corporate under the laws of this Commonwealth created by
4agreement between or among two or more boroughs pursuant to
5section 24A04 (relating to municipal power agencies).

6"Project." Electric plants, hydroelectric plant works,
7system, facilities or real or personal property, together with
8their parts and appurtenances, used or useful in connection with
9the generation, production, transmission, purchase, sale,
10exchange or interchange of electric power or energy, or any
11interest therein or right to capacity thereof.

12"Revenue bond." An instrument imposing an obligation for the
13repayment of money borrowed, payable as to both principal and
14interest exclusively from the income and revenues derived from
15an interest in an electric plant or project.

16§ 24A02. General powers.

17(a) Electric plants and projects.--A borough may, either
18singly or jointly, manufacture or purchase electricity for the
19use of its inhabitants, own, construct, acquire by lease,
20purchase or otherwise gain an interest in, operate and manage or
21cause to be operated and managed an electric plant or project
22located within or without this Commonwealth. In the exercise of
23these powers, a borough may join with any other borough,
24political subdivision, agency or instrumentality of the Federal
25Government, State government, political subdivision of another
26state, private corporation empowered to supply electricity,
27electric cooperative corporation formed under 15 Pa.C.S. Ch. 73
28Subchs. A (relating to preliminary provisions) and B (relating 
29to powers, duties and safeguards) or previously formed under the
30former act of June 21, 1937 (P.L.1969, No.389), known as the

1Electric Cooperative Corporation Act, or an electric cooperative
2corporation in another state.

3(b) Contracts for supplying electricity.--A borough owning
4or operating an electric plant may make contracts for supplying
5electricity for commercial purposes outside the limits of the
6borough, if the borough has received the consent of the other
7municipal governing body and, if applicable, subject to 66
8Pa.C.S. Pt. I (relating to Public Utility Code).

9(c) Additional sources.--A borough may conduct studies as
10necessary to determine the feasibility and cost of any
11additional sources and supplies of electric power and energy and
12may cooperate with private power companies, other boroughs,
13electric cooperative corporations and other public or private
14electric power entities, within or without this Commonwealth, in
15the development of electric power and energy.

16(d) Consent of borough to supply electricity.--No person,
17partnership or corporation may introduce electric current for
18light, heat or power purposes, without the consent of the
19council, into the limits of any borough that is furnishing
20electric current to its inhabitants. This subsection shall not
21apply to any person, partnership or corporation manufacturing
22electricity exclusively for its own use.

23(e) Corporate rights.--Nothing in this chapter may conflict
24with the corporate rights of a corporation empowered to supply
25electricity in the territory adjacent to the borough or with the
26rights of any other municipality.

27(f) Restrictions.--A borough shall not become a stockholder
28in, obtain or appropriate money for or loan its credit to a
29corporation, association, institution or individual or otherwise
30act contrary to the provisions of section 9 of Article IX of the

1Constitution of Pennsylvania.

2(g) General powers.--A borough, through its governing body,
3shall have the power to do and accomplish all actions reasonably
4necessary and incident to the administration, operation and
5management of a plant or project.

6§ 24A03. Specific powers.

7(a) Specific powers enumerated.--In addition to exercising
8its general powers under section 24A02 (relating to general
9powers), a borough, through its governing body, shall have the
10following powers:

11(1) To contract for the purchase, sale, exchange,
12interchange, wheeling, pooling or transmission of electric
13power and energy or for the right to the capacity of electric
14power, inside and outside of this Commonwealth, to and from
15any public or private power entities, private power
16companies, other boroughs and electric cooperative
17corporations.

18(2) To regulate the use of and the charge for
19electricity furnished by the borough for use throughout the
20borough. A borough may fix, establish, maintain and collect
21or authorize by contract or otherwise the establishment,
22levying and collection of the rates, fees, rental or other
23charges, including connection charges, for the services
24afforded by or in connection with any properties which the
25borough constructs, erects, owns, acquires, operates or
26manages and for the sale or transmission of electric energy
27and power as it deems necessary, proper, desirable and
28reasonable.

29(3) To procure insurance against any losses in
30connection with its property, operations or assets in the

1amounts and from the insurers as the governing body or bodies
2deem desirable.

3(4) To contract for and to accept any gifts, grants or
4loans of funds, property or financial or other aid in any
5form, from the United States or any agency or instrumentality
6of the United States, or from any other source.

7(5) To lease, or otherwise grant the use of, and to make
8charges for the use of any property or facility owned or
9controlled by the borough.

10(6) To procure from the United States or any agency or
11instrumentality of the United States, or from any state or
12agency or instrumentality of a state, any consents,
13authorizations or approvals which may be requisite to enable
14ownership, operation, construction or repair.

15(7) To borrow money and from time to time to issue
16revenue bonds and to enter into agreements with the
17purchasers of the revenue bonds. A borough that incurs debt
18for the construction or purchase of an electric plant, or
19land on which to construct an electric plant, or gains an
20interest in an electric plant or project under section 24A02
21shall incur the debt in accordance with and to the extent
22permitted by 53 Pa.C.S. Pt. VII Subpt. B (relating to
23indebtedness and borrowing). Interest and principal paid on
24revenue bonds issued by a borough under this chapter shall be
25exempt from all State taxes of any kind or nature.

26(8) To mortgage a property acquired or owned under
27section 24A02 to secure the payment of its revenue bonds or
28other obligations issued to finance the acquisition,
29ownership or repair.

30(9) To sell, by ordinance, all or part of its electric

1works to a purchaser for the sale price agreed upon by the
2parties. After the sale, the price shall be deemed to be the
3purchaser's original cost less accrued depreciation of the
4plant at the date of purchase.

5(10) To purchase the electric works of any person,
6partnership or electric company organized under the laws of
7this Commonwealth that is furnishing electricity to the
8borough or the public within the borough. The borough and the
9person, partnership or a majority in value of the
10stockholders of a corporation may agree upon the purchase
11price, except that, upon failure of the parties to agree on
12the price, the borough may proceed according to 26 Pa.C.S.
13(relating to eminent domain).

14(b) Eminent domain.--In the erection and extension of an
15electric plant or project under this chapter and for all other
16purposes authorized by this part, a borough may enter upon,
17appropriate, injure or destroy private lands, property or
18material according to the proceedings set forth in 26 Pa.C.S. A
19borough shall not have the power of condemnation with regard to
20any property of a private or public retail electric supplier
21which geographically lies beyond the boundaries of the corporate
22limits of the borough.

23§ 24A04. Municipal power agencies.

24(a) General rule.--Two or more boroughs may form a municipal
25power agency by the execution of an agency agreement authorized
26by an ordinance of the governing bodies of each borough. The
27agency agreement shall state:

28(1) The name of the agency, which shall include the
29words "municipal power agency."

30(2) The names of the boroughs which have approved the

1agency agreement and are initial members of the municipal
2power agency.

3(3) That the municipal power agency is created pursuant
4to the authority granted by this part.

5(4) The names and addresses of the persons initially
6appointed by the governing bodies to act as representatives
7to the municipal power agency from the member boroughs.

8(5) The limitations, if any, placed on the powers or
9terms of representatives appointed by the governing bodies of
10the member boroughs.

11(6) The names and addresses of the initial board of
12directors of the municipal power agency, if known by the time
13of filing, which shall be constituted by not less than five
14persons who are representatives of the member boroughs,
15selected by the vote of a majority of the representatives.

16(b) Certificate of incorporation.--The agency agreement
17under subsection (a) and a certified copy of the ordinance of
18the governing body of each borough shall be filed for record
19with the Secretary of the Commonwealth. If the agency agreement
20meets the requirements of this section, the Secretary of the
21Commonwealth shall record the agreement and issue and record a
22certificate of incorporation which shall be conclusive proof of
23substantial compliance with the requirements of this section.
24The certificate shall state the name of the municipal power
25agency and the fact and date of incorporation. Upon the issuance
26of the certificate of incorporation, the existence of the
27municipal power agency as a political instrumentality of the
28Commonwealth shall begin.

29(b.1) Open meetings.--Regular and special meetings of the
30representatives of member boroughs and the board of directors as

1provided in this section shall be subject to 65 Pa.C.S. Ch. 7
2(relating to open meetings).

3(c) Bylaws.--The bylaws of the municipal power agency and
4any amendments shall be proposed by the board of directors and
5shall be adopted by a majority vote of the representatives of
6the member boroughs unless the agency agreement requires a
7greater vote at a meeting held after notice. Subject to the
8provisions of the agency agreement, the requirements of this 
9part and the laws of this Commonwealth, the bylaws shall state:

10(1) The qualifications of member boroughs and
11limitations, if any, upon their number.

12(2) Conditions of membership, if any.

13(3) The manner and time of calling regular meetings of
14representatives of member boroughs.

15(4) The manner and conditions of termination of
16membership.

17(5) Other provisions for regulating the affairs of the
18municipal power agency as the representatives of the member
19boroughs shall determine to be necessary.

20(d) Registered office.--Every municipal power agency shall
21maintain an office in this Commonwealth to be known as its
22registered office. When a municipal power agency desires to
23change the location of its registered office, it shall file with
24the Secretary of the Commonwealth a certificate of change of
25location of registered office, stating the new location by
26address, including street and number, if any, and the effective 
27date of change. When the certificate of change of location has
28been duly filed, the board of directors may make the change
29without any further action.

30(e) Directors.--The following apply:

1(1) Each of the directors shall hold office for the term
2for which the director has been selected and until a
3successor has been selected and has qualified. Directors
4shall discharge their duties in good faith and with that
5diligence and care which an ordinary prudent person in a like
6position would exercise under similar circumstances.

7(2) The agency agreement or the bylaws may prescribe the
8number, term of office, powers, authority and duties of
9directors, the time and place of their meetings and other
10regulations concerning directors in a manner consistent with
11law.

12(3) Except where the agency agreement or bylaws
13prescribe otherwise, the term of office of a director shall
14be for one year.

15(4) Except where the agency agreement or bylaws
16prescribe otherwise, a meeting of the board of directors may
17be held at any place within this Commonwealth designated by
18the board, after notice, and an act of the majority of the
19directors present at a meeting at which a quorum is present
20is the act of the board.

21(5) Except where the agency agreement or bylaws
22prescribe otherwise, any vacancy occurring on the board shall
23be filled by a person nominated by the remaining members of
24the board and elected by a majority of representatives of the
25member boroughs.

26(f) Officers.--Except where the agency agreement or bylaws
27prescribe otherwise, the board of directors shall appoint a
28president from its membership and a secretary, treasurer and any
29other officers or agents deemed necessary who may, but need not
30be, borough representatives or directors. An officer may be

1removed with or without cause by the board of directors.
2Officers of the municipal power agency shall have the authority
3and duties in the management of the business of the municipal
4power agency that the agency agreement or bylaws prescribe or,
5in the absence of the prescription, as the board of directors
6determines.

7(g) Representatives of member boroughs.--The following
8apply:

9(1) Except as otherwise provided in the agency agreement
10or the bylaws, the duly authorized representatives of each
11member borough shall act as and vote on behalf of that
12borough.

13(2) Except where the agency agreement or bylaws provide
14otherwise, representatives of the member boroughs shall hold
15at least one meeting each year for the election of directors
16and for the transaction of any other business.

17(3) Except where the agency agreement or bylaws
18prescribe otherwise, special meetings of the representatives
19may be called for any purpose upon written request to the
20president or secretary to call the meeting. The officer shall
21give notice of the meeting to be held between ten and 60 days
22after receipt of the request.

23(4) Unless the agency agreement or bylaws provide for a
24different percentage, a quorum for a meeting of the
25representatives of the member boroughs is a majority of the
26total members, and a quorum for meetings of the board of
27directors is a majority of the membership of the board.

28(h) Amendment of agency agreement.--The agency agreement may
29be amended as proposed at any meeting of the representatives of
30the members for which notice stating the purpose shall be given

1to each representative and, unless the agency agreement or
2bylaws require otherwise, shall become effective when ratified
3by ordinances of a majority of the governing bodies of the
4member boroughs. Each amendment and the ordinances approving it
5shall be filed for record with the Secretary of the
6Commonwealth.

7(i) Appropriations.--Each member borough shall have full
8power and authority, within budgetary limits applicable to it,
9to appropriate money for the payment of expenses of the
10formation of the municipal power agency and of its
11representative in exercising its functions as a member of the
12agency.

13(j) General powers.--A municipal power agency may own,
14construct, acquire by lease, purchase or otherwise gain an
15interest by itself or as co-owner or tenant in common and
16operate and manage or cause to be operated and managed an
17electric plant or project located within or without this
18Commonwealth jointly with any political subdivision, subdivision
19of the Federal Government, State government, political
20subdivision of another state, private corporation empowered to
21supply electricity, electric cooperative corporation formed
22under the former act of June 21, 1937 (P.L.1969, No.389), known
23as the Electric Cooperative Corporation Act, or electric
24cooperative corporation in another state.

25(k) Specific powers.--All powers of a municipal power agency
26shall be exercised by its board of directors, unless otherwise
27provided by the agency agreement or bylaws. A municipal power
28agency shall have the power to do and accomplish all actions
29reasonably necessary and incident to the ownership,
30construction, acquisition, administration, operation and

1management of an electric plant or project. Among the specific
2powers of a municipal power agency shall be the following:

3(1) To sue and be sued.

4(2) To enter into contracts.

5(3) To cooperate with private power companies, boroughs,
6electric cooperative corporations and other public or private
7electric power entities inside and outside of this
8Commonwealth in the development of electric power and energy.

9(4) To make the studies as may be necessary to determine
10the feasibility and cost of any additional sources and
11supplies of electric power and energy.

12(5) To contract for the purchase, sale, exchange,
13interchange, wheeling, pooling or transmission of electric
14power and energy or for the right to the capacity thereof,
15inside and outside of this Commonwealth, to and from any
16public or private power entities, private power companies,
17other boroughs and electric cooperative corporations.

18(6) To procure insurance against any losses in
19connection with its property, operations or assets in amounts
20and from insurers as the board of directors deems desirable.

21(7) To contract for and to accept any gifts, grants or
22loans of funds, property or financial or other aid in any
23form from the United States or any agency or instrumentality
24of the United States or from any other source.

25(8) To acquire, hold, use, operate and dispose of
26personal property.

27(9) To acquire, hold, use and dispose of its income,
28revenues, funds and money.

29(10) To acquire, own, use, lease, operate and dispose of
30real property and interests in real property and to make

1improvements to the real property.

2(11) To grant the use, by lease or otherwise, and to
3make charges for the use of any property or facility owned or
4controlled by it.

5(12) To procure from the United States or any agency or
6instrumentality of the United States, or from any state or
7agency or instrumentality of a state, any consents,
8authorizations or approvals which may be requisite to enable
9ownership, operation, construction or repair.

10(13) To borrow money and from time to time to issue
11revenue bonds and to enter into agreements with the
12purchasers of the revenue bonds.

13(14) To invest funds not required for immediate use,
14including, but not limited to, proceeds from the sale of
15revenue bonds. The power of a municipal power agency to
16invest shall be the same as that of a borough, as exercised
17by the council pursuant to sections 1005(6) (relating to
18powers of council) and 1316 (relating to investment of
19funds).

20(15) To mortgage any property acquired or owned to
21secure the payment of its revenue bonds or other obligations
22issued to finance the acquisition, ownership or repair.

23(l) Eminent domain.--

24(1) Except as provided under paragraph (2), in the
25erection and extension of an electric plant or project and
26for all other purposes authorized by this part, a municipal
27power agency may enter upon, appropriate, injure or destroy
28private lands, property or material according to the
29proceedings set forth in 26 Pa.C.S. (relating to eminent
30domain).

1(2) A municipal power agency shall not have the power of
2condemnation with regard to any property of a private or
3public retail electric supplier which geographically lies
4beyond the boundaries of the corporate limits of its member
5boroughs.

6(m) Revenue bonds.--A municipal power agency which gains an
7interest in an electric plant or project may pay all or part of
8the cost from the revenues derived from the sale of revenue
9bonds issued in the manner provided by 53 Pa.C.S. Pt. VII Subpt.
10B (relating to indebtedness and borrowing).

11(n) Bylaws.--A municipal power agency may make and enforce
12bylaws or rules which it deems necessary or desirable. A
13municipal power agency may establish, fix, levy and collect or
14may authorize, by contract, franchise, lease or otherwise, the
15establishment, levying and collection of rents, rates and other
16charges for the services afforded by the municipal power agency,
17including connection for the services afforded by the municipal
18power agency, including connection charges or by or in
19connection with any project or properties which it may
20construct, erect, acquire, own, operate or control, or with
21respect to which it may have any interest or any right to
22capacity thereof, and for the sale of electric energy or of
23generation or transmission capacity or services as it may deem
24necessary, proper, desirable and reasonable. Rents, rates and
25other charges shall be at least sufficient to meet expenses
26thereof, including reasonable reserves, interest and principal
27payments.

28(o) State tax exemptions.--Interest and principal paid on
29revenue bonds issued by a municipal power agency shall be exempt
30from all State taxes of whatsoever kind or nature.

1§ 24A05. Additional contracting authority.

2(a) Additional contracting authority.--In addition to the
3authority provided under section 24A02 (relating to general
4powers), a borough that, on October 27, 2010, owned or operated
5electric generation or distribution facilities and a borough
6that is a member of a nonprofit membership corporation may
7contract with the nonprofit membership corporation for the
8following:

9(1) The development of electric power and associated
10energy, including the conduct of investigations or studies
11necessary to determine the feasibility and cost of additional
12sources and supplies of electric power and associated energy.

13(2) The purchase, sale, exchange, interchange, wheeling,
14pooling or transmission of electric power and associated
15energy or the right to the capacity from sources and projects
16in this Commonwealth or another state for a period not to
17exceed 50 years.

18(b) Contract requirements.--A contract under subsection (a)
19(2) shall include the purpose of the contract, the duration of
20the contract and available procedures to terminate the contract
21subsequent to the repayment of all indebtedness secured under
22the contract.

23(c) Minimum quantity of electric power and energy.--If a
24borough is a member of a nonprofit membership corporation, a
25contract under subsection (a)(2) may, if specifically set forth
26in the contract, obligate the borough to:

27(1) Take and pay for a minimum quantity of electric
28power and associated energy if the power and energy are
29available for delivery.

30(2) In connection with a project owned by the nonprofit

1membership corporation or in which the nonprofit membership
2corporation obtains an undivided ownership interest, take or
3pay for a minimum amount of electric power and energy.

4(3) Pay for electric power and energy only if utilized
5by the borough.

6(d) Applicability of minimum requirements.--

7(1) The authority under subsection (c)(1) shall apply
8whether or not the borough accepts delivery of the power and
9energy.

10(2) The authority under subsection (c)(2) shall apply
11notwithstanding the suspension, interruption, interference or
12reduction or curtailment of the output of the project or the
13electric power and energy contracted for and whether or not:

14(i) the electric power and energy is available for
15delivery to the borough; or

16(ii) the borough accepts delivery of the electric
17power and energy.

18(e) Take-or-pay or take-and-pay arrangements.--No borough
19may be obligated under a take-or-pay or take-and-pay arrangement
20entered into with a nonprofit membership corporation in which
21the borough maintains membership unless that obligation is
22expressly authorized by an act of the council.

23(f) Restrictions.--A nonprofit membership corporation shall
24not:

25(1) Condition membership in the nonprofit membership
26corporation on the inclusion of any take-or-pay or take-and-
27pay obligations in a contract under subsection (a)(2).

28(2) Except as set forth in subsection (g), require take-
29or-pay or take-and-pay obligations in a contract with a
30borough unless the contract meets the criteria of subsection

1(c)(1) or (2).

2(g) Future contracts.--A borough that is a member of a
3nonprofit membership corporation may enter into future power
4supply contracts, contract renewals or contract extensions with
5the nonprofit membership corporation under subsection (c)(3):

6(1) with no take-or-pay or take-and-pay obligations as
7permitted by subsection (c)(1) and (2); and

8(2) without prejudice or discrimination as compared to
9any other borough which chooses to enter into contracts
10permitted by subsection (c)(1) and (2) with the nonprofit
11membership corporation.

12(h) Future power supply contract terms.--In order to carry
13out subsection (g), a nonprofit membership corporation which
14provides or offers electric power and associated energy to a
15member borough in this Commonwealth under subsection (a)(2)
16shall offer, to all of its member boroughs in this Commonwealth,
17future power supply contract terms, contract renewals or
18contract extensions under subsection (c)(3) on a comparable and
19nondiscriminatory basis and with similar terms and conditions to
20future power supply contract terms, contract renewals or
21contract extensions that would be appropriate under subsection
22(c)(3) which the nonprofit membership corporation
23contemporaneously offers to its members in other states.

24(i) Payments.--All obligations under a contract under
25subsection (a)(2) shall be paid from revenues derived from the
26operation of the borough's electric system, and payments shall
27be an operating expense of the borough's electric system.

28(j) Obligations of other entities.--If explicitly set forth
29in a contract under subsection (a)(2), a borough may agree to
30assume, prorate or otherwise become liable for the obligations

1of another borough of this Commonwealth or of a political
2subdivision of another state that is a member of the nonprofit
3membership corporation if the borough or other political
4subdivision defaults in the payment of its obligations for the
5purchase of the electric power and associated energy. The
6contract may include provisions to permit a borough to succeed
7to the rights and interests of the defaulting borough or
8political subdivision to purchase electric power and associated
9energy. A borough's liability for the obligations of a
10defaulting borough of this Commonwealth or a political
11subdivision of another state shall not exceed 25% of a borough's
12initial nominal entitlement to electric power and associated
13energy under the contract.

14(k) Pledge of borough property prohibited.--None of the
15obligations under the contract may constitute a legal or
16equitable pledge, charge, lien or encumbrance on any property of
17the borough or on any of its income, receipts or revenues,
18except revenues of its electric system. The full faith and
19credit and the taxing power of the borough shall not be pledged
20for the payment of an obligation under the contract.

21(l) Construction.--This section is intended to add to the
22powers and rights of a borough, and nothing in this section may
23be construed to limit either the general or specific powers or
24rights of a borough set forth in this title.

25(m) Definition.--As used in this section, the term
26"nonprofit membership corporation" means an entity the
27membership of which:

28(1) consists solely of Pennsylvania boroughs, such as a
29consortium, buying group or municipal power agency under
30section 24A04 (relating to municipal power agencies); or

1(2) consists of Pennsylvania boroughs and political
2subdivisions of another state or states.

3CHAPTER 25

4(RESERVED)

5CHAPTER 25A

6AIRPORTS

7Sec.

825A01. Authority to secure lands for airports.

925A02. Authority to establish and lease airports.

1025A03. Joint airports.

11§ 25A01. Authority to secure lands for airports.

12A borough is authorized and empowered to acquire by lease,
13purchase or condemnation any land lying either within or without
14the limits of the borough which, in the judgment of the council,
15may be necessary and desirable for the purpose of establishing
16and maintaining municipal airport facilities. The proceedings
17for the condemnation of land under the provisions of this 
18chapter and for the assessment of damages for property taken,
19injured or destroyed shall be conducted in the manner provided
20by 26 Pa.C.S. (relating to eminent domain). The title acquired
21by the borough exercising the power of condemnation shall be a
22title in fee simple.

23§ 25A02. Authority to establish and lease airports.

24A borough acquiring land under the provisions of this chapter
25is authorized and empowered to establish, equip, condition,
26operate and maintain the land as a municipal airport and may
27lease the land, or any part, to any individual or corporation
28desiring to use the same for aviation purposes. A borough may
29enter into a contract, in the form of a lease, providing for the
30use of the land, or any part, by the Federal Government for its

1use of the land for aviation purposes upon nominal rental or
2without consideration.

3§ 25A03. Joint airports.

4In accordance with the powers in this chapter, a borough may,
5jointly with another municipality, acquire land for aviation
6purposes and may jointly operate and maintain the airport on the
7terms and conditions as agreed upon by the governing bodies of
8the borough and other municipality.

9CHAPTER 26

10WHARVES AND DOCKS

11Sec.

122601. Powers.

132602. (Reserved).

142603. Proceedings.

152604. Assessment of damages.

162605. Leases.

172606. Market houses, terminal sheds, tracks and facilities.

182607. Public use preserved.

192608. Saving clause.

20§ 2601. Powers.

21(a) Construction and repair.--Boroughs shall have the power
22to construct and repair wharves and docks and may acquire, by
23purchase or condemnation, real estate along navigable waters and
24within the borough limits as needed for the construction. Prior
25to any condemnation, a borough shall enact an ordinance
26authorizing the same.

27(b) Additional powers.--Boroughs have the following
28additional powers:

29(1) To regulate, fix and enforce the collection of the
30rate of wharfage for all public wharves and docks within its

1limits.

2(2) To regulate the anchoring of vessels, boats or rafts
3within the borough limits.

4(3) To regulate the depositing of freight on the public
5wharves.

6§ 2602. (Reserved).

7§ 2603. Proceedings.

8The proceedings before the viewers for the assessment of
9damages for property taken, injured or destroyed under this 
10chapter and the proceedings on their report shall be as provided
11in 26 Pa.C.S. (relating to eminent domain). The costs of all
12proceedings, including the compensation of the viewers, shall be
13paid by the borough.

14§ 2604. Assessment of damages.

15(a) General rule.--The damages for the taking or injury of
16any property for use as a wharf, pier or bulkhead shall include
17full compensation for the value of the property taken or
18injured.

19(b) Partial taking.--If the property taken or injured shall
20constitute a part of a plant used as an entirety, the damage to
21the owner or tenant shall be assessed by taking the difference
22in market value of the plant as a whole, including buildings and
23all equipment installed and used in the plant, before and after
24taking or injury, and notwithstanding that part of the plant may
25be separated by a street or highway.

26§ 2605. Leases.

27Any borough may lease any wharf or part and collect rent by
28distress or otherwise. No one term of a lease shall be for a
29period longer than three years.

30§ 2606. Market houses, terminal sheds, tracks and facilities.

1(a) Market houses and terminal sheds.--Boroughs may erect
2and maintain market houses and terminal sheds on wharves for the
3receipt and distribution of freight and express.

4(b) Tracks and facilities.--Boroughs may construct railroad
5and street railway tracks or other facilities on wharves to
6provide for the convenient hauling of freight or express matter
7and may collect rents, tolls or charges for the use of market
8houses, terminal sheds, tracks and facilities. No permit other
9than a license revocable at will shall be granted, and no
10exclusive permit for the use of the facilities shall be granted.

11§ 2607. Public use preserved.

12No structure erected and no right granted under the powers
13conferred under this chapter shall interfere with the public use
14of wharves for waterborne commerce.

15§ 2608. Saving clause.

16Nothing contained in this chapter shall be construed as
17conferring upon boroughs any power conferred by existing law on
18the Navigation Commission for the Delaware River and its
19Navigable Tributaries or to permit boroughs to do any act or to
20enact any ordinance inconsistent with the laws, rules and
21regulations relating to the commission.

22CHAPTER 27

23RECREATION PLACES, SHADE TREES AND FORESTS

24Subchapter

25A. Parks and Playgrounds

26B. Shade Trees

27C. Forests

28SUBCHAPTER A

29PARKS AND PLAYGROUNDS

30Sec.

12700. Definitions.

22701. General powers.

32702. Power to acquire.

42703. Appropriation of private property.

52704. (Reserved).

62705. (Reserved).

72706. (Reserved).

82707. (Reserved).

92708. Recreation board or other authority.

102709. Establishment of recreation board.

112710. Organization of board and employees.

122711. (Reserved).

132712. (Reserved).

142713. Lease for school athletics.

15§ 2700. Definitions.

16The following words and phrases when used in this chapter
17shall have the meanings given to them in this section unless the
18context clearly indicates otherwise:

19"Recreation places." Public parks, parkways and playgrounds,
20playfields, swimming pools, public baths, bathing places, indoor
21recreation centers and gymnasiums.

22§ 2701. General powers.

23(a) General rule.--A borough may provide, improve, maintain
24and regulate recreation places within the borough limits or in
25any adjacent municipal corporation if the other municipal
26corporation shall, by ordinance, signify its consent to the 
27provision, improvement, maintenance or regulation.

28(b) Acquisition.--A borough may enter upon, appropriate and
29acquire by gift, devise, purchase, lease or otherwise private
30property or may designate and set apart any lands or buildings

1owned by the borough and not dedicated or devoted to other
2public uses for the purpose of making, enlarging and maintaining
3recreation places.

4(c) Joint action.--A borough may join with one or more
5political subdivisions to acquire, create, equip, improve,
6regulate, maintain and operate any recreation place in
7accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to
8intergovernmental cooperation).

9(d) Limitation.--No borough, acting individually or jointly,
10may acquire private property within the limits of another
11municipal corporation for the purposes designated in this
12section without the consent of the governing body of the
13municipal corporation in which the property is located in
14accordance with 26 Pa.C.S. (relating to eminent domain).

15(e) Expenses.--All expenses incurred in the maintenance,
16improvement, acquisition or operation of recreation places, as
17provided in this section, shall be payable from the treasury of
18the borough or the borough and other political subdivisions as
19may be provided for by agreement of the governing bodies. The
20council may annually appropriate, and cause to be raised by
21taxation as provided under section 1302(a)(10) (relating to tax
22levy), an amount necessary for the purpose of maintaining and
23operating recreation places or for paying its share of the
24amount.

25§ 2702. Power to acquire.

26A borough may enter upon, appropriate and acquire by gift,
27devise, purchase, lease or otherwise private property within the
28limits of the borough or in any adjacent township. A borough may
29designate and set apart any lands or buildings owned by the
30borough and not dedicated or devoted to other public uses.

1(b) Joint acquisition.--Two or more boroughs may jointly
2appropriate and acquire by gift, devise, purchase, lease or
3otherwise private property within the limits of any township
4adjacent to any of the boroughs for the purpose of making,
5enlarging and maintaining recreation places. All the costs and
6expenses relative to the property acquired by two or more
7boroughs jointly shall be paid by the respective boroughs in the
8proportions as may be agreed upon by the respective councils.

9(c) Private property of other borough or city.--Any borough
10may likewise acquire private property within the limits of
11another borough or city for the purposes designated in this
12section if the other borough or city shall, by ordinance,
13signify its consent to the acquisition.

14§ 2703. Appropriation of private property.

15The appropriation of private property for the purpose of
16making, enlarging and maintaining recreation places is declared
17to be the taking of private property for public use, and, for
18all damage suffered by the owners of any property taken in that
19manner, the funds of the borough raised by taxation shall be
20pledged as security. The proceedings for the taking of private
21property and the assessment of damages for private property
22taken, injured or destroyed under this chapter shall be as
23provided in 26 Pa.C.S. (relating to eminent domain).

24§ 2704. (Reserved).

25§ 2705. (Reserved).

26§ 2706. (Reserved).

27§ 2707. (Reserved).

28§ 2708. Recreation board or other authority.

29(a) Recreation board or other authority.--The authority to
30supervise and maintain recreation places may be vested in any

1existing body or board, including the council, or in a
2recreation board, as the council shall determine. The council of
3the borough may equip, operate and maintain the recreation
4places, as authorized by this chapter, and may, for the purpose
5of carrying out the provisions of this chapter, employ any
6officers or employees as it may deem proper.

7(b) (Reserved).

8(c) Joint recreation board.--Any borough may join or create,
9with one or more municipalities, a joint recreation board in
10accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to
11intergovernmental cooperation). The composition of the board and
12its powers and duties shall be as provided by agreement of the
13governing bodies of the municipalities.

14§ 2709. Establishment of recreation board.

15(a) Establishment.--If the council determines that the power
16to equip, operate and maintain recreation places shall be
17exercised by a recreation board, the council may, by ordinance,
18establish in the borough a recreation board which shall possess
19those powers and duties as may be delegated to it by ordinance.

20(b) Composition.--The board shall consist of a minimum of
21five and a maximum of nine persons. Two of the members may be
22members or appointees of the school board of the school district
23in which the borough is located. If the board consists of seven
24members, three of the members may be members or appointees of
25the school board. The borough members of the board shall be
26appointed by the council and shall serve terms not longer than
27five years. The terms of the members shall be staggered in a
28manner that at least one member's term expires annually.

29(c) Compensation.--Members of the board shall serve without
30pay.

1(d) Vacancies.--Vacancies in the board, occurring otherwise
2than by expiration of term, shall be filled for the unexpired
3term in the same manner as original appointments.

4§ 2710. Organization of board and employees.

5The members of a recreation board established under this 
6chapter shall elect their own chair and secretary and select all
7other necessary officers to serve for a period of one year. The
8recreation board may, with the approval of council, establish
9employment positions and hire employees to fill the approved
10positions. The board shall have power to adopt rules and
11regulations for the conduct of all business within its
12jurisdiction.

13§ 2711. (Reserved).

14§ 2712. (Reserved).

15§ 2713. Lease for school athletics.

16(a) Lease.--A borough maintaining a recreation place may
17lease a recreation place, or a portion of a recreation place,
18suitable for athletic sports and athletic games to any school
19board or school athletic association organized by a school board
20and organized for the purpose of conducting amateur athletic
21sports and games among pupils of the public school.

22(b) Admission charge.--The borough maintaining a recreation
23place may permit a school board or school athletic association
24to charge admission to sports and games and to deny persons
25refusing to pay admission access to the grounds where sports or
26games are being conducted, if sports and games are not conducted
27for individual profit.

28SUBCHAPTER B

29SHADE TREES

30Sec.

12720. Care, custody and control.

22720.1. Maintenance by borough and tax levy.

32720.2. Payment by owners and assessments.

42720.3. Notice of work.

52720.4. Penalties.

62721. Shade tree commission.

72722. Composition of commission.

82723. (Reserved).

92724. (Reserved).

102724.1. Duties of commission.

112725. (Reserved).

122726. (Reserved).

132727. (Reserved).

142728. (Reserved).

152729. (Reserved).

162730. (Reserved).

17§ 2720. Care, custody and control.

18(a) Council authority.--Council shall have exclusive care,
19custody and control of shade trees in the borough. Council may:

20(1) Plant, transplant, remove, maintain and protect
21shade trees on the streets and highways in the borough.

22(2) Employ and pay persons and make and enforce
23regulations as may be necessary for the care and protection
24of the shade trees of the borough.

25(b) Planting, transplanting or removal.--Council may, by
26ordinance, and with or without the petition of a majority of the
27property owners, upon any public street in the borough, plant,
28transplant or remove shade trees. Council may, with or without
29petition, require the planting and replanting of suitable shade
30trees along and upon the sides of the streets, upon alignment

1and at points as may be designated by ordinance, by the owners
2of property abutting the street at the points designated.

3(c) Limitation.--Nothing in this part may authorize council
4to plant or replant, or require the planting or replanting of,
5trees at any point which may interfere with the necessary or
6reasonable use of any street or abutting property or the
7business conducted on the property.

8(d) Assessment of costs.--On failure of any owner, after
9reasonable notice, to comply with the terms of an ordinance
10requiring the planting or replanting of shade trees, the borough
11may cause the trees to be planted or replanted and assess the
12cost against the owner in accordance with section 2720.2
13(relating to payment by owners and assessments).

14(e) Diseased plants, shrubs and trees.--Council may, upon
15notice as may be provided by ordinance, require owners of
16property to cut and remove plants, shrubs and trees afflicted
17with any disease that threatens to injure or destroy plants,
18shrubs and shade trees in the borough under regulations
19prescribed by ordinance. Upon failure of any owner to comply
20with the notice, the borough may cause the work to be done by
21the borough and assess the cost against the owner in accordance
22with section 2720.2.

23§ 2720.1. Maintenance by borough and tax levy.

24(a) Cost and expenses.--The cost and expenses of caring for
25shade trees after having been planted or transplanted and the
26expense of publishing any notice required by this subchapter
27shall be paid by the borough.

28(b) Tax levy or appropriation.--Council may levy a general
29tax, not to exceed the sum of one-tenth of one mill on the
30dollar on the assessed valuation of the property in the borough

1taxable for county purposes, for the purpose of defraying the
2cost and expenses of caring for the shade trees and the expense
3of publishing notices, or it may provide for the expense of the
4caring for trees already planted and of publishing the notice by
5appropriations.

6§ 2720.2. Payment by owners and assessments.

7(a) Payment by owners.--The cost of planting, transplanting
8or removing any shade trees or the necessary and suitable
9guards, curbing or grading for their protection and of the
10replacing of pavement or sidewalk necessarily disturbed in the
11execution of the work shall be paid by the owners of the real
12estate abutting the location of the work.

13(b) Assessment and collection.--In the event that the
14borough undertakes the work described in this section, costs
15shall be certified, assessed against the abutting owners and
16collected in accordance with Chapter 21A (relating to
17assessments and charges for public improvements).

18§ 2720.3. Notice of work.

19If council proposes to plant, transplant or remove shade
20trees on any street, notice of the time and place of the meeting
21at which the work is to be considered shall be given in one
22newspaper of general circulation once a week for two weeks
23immediately preceding the time of the meeting. The notice shall
24specify in detail the streets or portions upon which trees are
25proposed to be planted, transplanted or removed. In the event
26that a shade tree commission is to undertake the work, the
27commission shall provide the notice.

28§ 2720.4. Penalties.

29(a) Penalties for violation.--To the extent provided by
30ordinance, council may assess penalties for the violation of

1regulations relating to shade trees or delegate the power to
2assess penalties to a shade tree commission. Any penalty
3assessed shall be a lien upon the real estate of the offender
4and may be collected as municipal claims are collected.

5(b) Separate fund.--All penalties or assessments imposed
6under this subchapter shall be paid to the borough treasurer, to
7be kept in a separate fund and utilized only for the purposes
8authorized by this subchapter.

9§ 2721. Shade tree commission.

10(a) Establishment.--Council by ordinance may establish a
11shade tree commission and delegate to the shade tree commission
12the exclusive care, custody and control of shade trees and
13authorization to plant, transplant, remove, maintain and protect
14shade trees on the streets and highways in the borough.

15(b) Commission authority.--The shade tree commission may
16make and enforce regulations for the care and protection of
17shade trees. No regulation may be in force until it has been
18approved by the council and enacted as an ordinance.

19(c) Park commission.--If in any borough there exists a
20commission for the care of public parks, the council may, by
21ordinance, confer on the park commission all the powers and all
22the duties prescribed by this chapter for a shade tree
23commission.

24§ 2722. Composition of commission.

25(a) General.--Except as provided in subsection (b), a shade
26tree commission shall be composed of three residents of the
27borough who shall be appointed by the council and shall serve
28without compensation.

29(b) Council option.--The council, by ordinance, may provide
30that a shade tree commission be composed of five members who

1shall be residents of the borough, shall be appointed by the
2council and shall serve without compensation.

3(c) Three-member commission.--If a shade tree commission of
4three members is established by any borough, the council shall
5appoint one member for a term of three years, one for a term of
6four years and one for a term of five years. On the expiration
7of the term of any commissioner, a successor shall be appointed
8by the council to serve for a term of five years.

9(d) Five-member commission.--If a shade tree commission of
10five members is established by any borough, the council shall
11appoint members to staggered terms so that one term expires
12every year. On the expiration of the term of any commissioner, a
13successor shall be appointed by the council to serve for a term
14of five years.

15(e) Vacancies.--Vacancies in the office of commissioner
16shall be filled by the council for the unexpired term.

17§ 2723. (Reserved).

18§ 2724. (Reserved).

19§ 2724.1. Duties of commission.

20(a) Annual report.--A shade tree commission shall annually
21report in full to the council its transactions and expenses for
22the last fiscal year of the borough.

23(b) Notice.--If a shade tree commission proposes to plant,
24transplant or remove shade trees on any street, notice of the
25time and place of the meeting at which the work is to be
26considered shall be given by the shade tree commission in
27accordance with section 2720.3 (relating to notice of work).

28(c) Certification of amounts required.--The shade tree
29commission shall each year certify to council an amount needed
30for the care of shade trees and for the publication of notices

1required by this subchapter. The shade tree commission shall use
2funds appropriated or raised by taxation in accordance with
3section 2720.1 (relating to maintenance by borough and tax levy)
4for any purpose authorized by council.

5(d) Certification of assessments.--The shade tree commission
6shall ascertain and certify to council and the borough treasurer
7the amount of any assessment imposed in accordance with this
8subchapter for the planting, transplanting or removal of plants,
9shrubs and trees.

10§ 2725. (Reserved).

11§ 2726. (Reserved).

12§ 2727. (Reserved).

13§ 2728. (Reserved).

14§ 2729. (Reserved).

15§ 2730. (Reserved).

16SUBCHAPTER C

17FORESTS

18Sec.

192751. Acquisition of land for forest purposes.

202752. (Reserved).

212753. Ordinance of acquisition.

222754. Appropriations.

232755. Regulations.

242756. Appropriations and revenue.

252757. Use of forests.

262758. Ordinance of sale.

272759. Pruning and thinning.

28§ 2751. Acquisition of land for forest purposes.

29A borough may acquire by purchase, gift or lease tracts of
30land covered with forest or tree growth or suitable for the

1growth of trees and administer the tracts in accordance with the
2practices and principles of scientific forestry, for the benefit
3of the borough. The tracts may be of any size suitable for the
4purpose and may be located within or without the borough limits.

5§ 2752. (Reserved).

6§ 2753. Ordinance of acquisition.

7If the council deems it expedient to acquire land for the
8purposes of a municipal forest, it shall enact an ordinance
9setting forth the facts and conditions relating to the proposed
10action.

11§ 2754. Appropriations.

12Money necessary for the purchase of the tracts shall be
13appropriated in the same manner as appropriations for borough
14purposes. Money may be provided from the current revenue or by
15the proceeds of a sale of general obligation bonds in accordance
16with existing law.

17§ 2755. Regulations.

18Upon the acquisition of a municipal forest or land suitable
19for a municipal forest, the council may promulgate regulations
20for the government and proper administration of the same as
21necessary to produce continuing borough revenue by the sale of
22forest products.

23§ 2756. Appropriations and revenue.

24Money necessary for the administration, maintenance,
25protection and development of forests shall be appropriated and
26applied as is now done for borough purposes. The revenue and
27return on the revenue arising from the forests shall be paid
28into the borough treasury to be used for general borough
29purposes.

30§ 2757. Use of forests.

1A municipal forest may be used by the public as general
2outing or recreation grounds subject to the regulations under
3section 2755 (relating to regulations).

4§ 2758. Ordinance of sale.

5(a) Requirement.--If the council deems it expedient to sell
6or lease a municipal forest, a part of a municipal forest or a
7product from a municipal forest, it shall enact an ordinance
8setting forth the facts and conditions relating to the proposed
9action.

10(b) Conditions.--In order to enact an ordinance under this
11section, there must be compliance with the advertising and
12bidding requirements of section 1201.1 (relating to real
13estate).

14§ 2759. Pruning and thinning.

15(a) Authority.--To comply with the practices and principles
16of scientific forestry, the council has the following powers:

17(1) To pass a resolution to prune or thin out a
18municipal forest or portion of a municipal forest.

19(2) To sell the products of the pruning or thinning out.

20(b) Personnel.--To carry out subsection (a), the borough may
21use its own personnel or contract with skilled personnel.

22(c) Bidding and advertising.--The bidding and advertising
23requirements of this part do not apply to any of the following:

24(1) Sales under subsection (a)(2).

25(2) Contracts under subsection (b).

26CHAPTER 28

27CEMETERIES

28Sec.

292800. Appropriations for burial ground maintenance.

302800.1. Burial of deceased persons.

12801. Management by cemetery commission.

22802. Transfer from borough to company.

32803. (Reserved).

42804. (Reserved).

52805. Transfer from company to borough.

62805.1. Neglected or abandoned cemeteries.

72806. (Reserved).

82807. (Reserved).

92808. Removing bodies to alter plots.

102809. Removal of bodies to other cemeteries.

112810. (Reserved).

122811. (Reserved).

132812. (Reserved).

142813. (Reserved).

152814. (Reserved).

162815. (Reserved).

172816. Purchase of plots for burial of deceased service members.

18§ 2800. Appropriations for burial ground maintenance.

19A borough may appropriate annually, out of the general funds
20of the borough, a sum for the care, upkeep, maintenance and
21beautifying of:

22(1) cemeteries and burial grounds lying wholly or partly
23within the boundary limits of the borough or in the territory
24immediately adjacent to the borough; and

25(2) private roads in or leading to property under
26paragraph (1).

27§ 2800.1. Burial of deceased persons.

28A borough may prohibit the burial or interment of deceased
29persons anywhere within borough limits.

30§ 2801. Management by cemetery commission.

1If the title and management of a cemetery is vested in a
2borough, the council may, by ordinance, vest the care,
3management and operation of the cemetery in a cemetery
4commission of three citizens to be appointed by the council. The
5ordinance shall provide for the terms of the cemetery
6commissioners.

7§ 2802. Transfer from borough to company.

8(a) Authority.--Upon petition of at least 10% of living
9cemetery lot owners, the council may transfer the cemetery and
10its management to an incorporated cemetery company.

11(b) Procedure.--Upon presentation of a petition under
12subsection (a), the council may enact an ordinance declaring
13that, upon the acceptance of the ordinance by the incorporated
14cemetery company and filed with the borough secretary, the title
15and control of the cemetery shall vest in the incorporated
16cemetery company.

17(c) Recording.--A copy of the ordinance and the acceptance
18by the incorporated cemetery company, certified by the borough
19secretary, shall be recorded in the office of the recorder of
20deeds of the county.

21§ 2803. (Reserved).

22§ 2804. (Reserved).

23§ 2805. Transfer from company to borough.

24(a) Judicial action.--

25(1) Upon the petition of an incorporated cemetery
26company and the owners of a majority of the taxable real
27estate in the borough, the court of common pleas may
28authorize the transfer of a cemetery to the borough where the
29cemetery is located or is adjacent to the borough.

30(2) A copy of the court order under paragraph (1) shall

1be filed with the recorder of deeds.

2(b) Cost.--The transfer shall be made without cost to the
3borough.

4(c) Effect.--Upon transfer, the following apply:

5(1) The borough shall exercise the powers and privileges
6of the incorporated company.

7(2) The borough may do all of the following:

8(i) Purchase up to 30 acres of land within or
9adjacent to the borough limits for the extension of the
10cemetery;

11(ii) Pay for the purchase under subparagraph (i) by:

12(A) sale of lots or otherwise; or

13(B) any means other than taxation.

14(iii) Lay out lots purchased and alter the original
15plot of the cemetery.

16(iv) Dispose of the grounds in the same manner as
17the incorporated company could have done.

18(d) Deeds.--

19(1) A deed for a lot, made by the borough, shall have
20the same validity as the deed of the incorporated cemetery
21company.

22(2) The borough may make a deed to a person that, prior
23to transfer under this section:

24(i) purchased a lot; but

25(ii) did not receive a deed.

26§ 2805.1. Neglected or abandoned cemeteries.

27(a) Maintenance.--The council may, upon compliance with
28subsection (b), direct the removal of weeds, refuse and debris
29from an abandoned or neglected cemetery.

30(b) Notice.--

1(1) To exercise the power under subsection (a), the
2council must give notice to the owner directing the removal
3of weeds, refuse and debris from the cemetery within 30 days
4of service under paragraph (2).

5(2) Notice must be effected by any of the following
6means:

7(i) Personal service on the owner.

8(ii) Certified mail, addressee only, return receipt
9requested, to the owner at the owner's last known
10address.

11(iii) After reasonable attempts to give notice under
12subparagraph (i) or (ii) have failed, posting notice at
13or upon the property.

14(c) Action.--

15(1) If the removal is not completed within 30 days after
16the notice is effected under subsection (b)(2), the council
17shall provide for the removal to be done by employees of the
18borough or by a contractor at the expense of the borough.

19(2) The costs of removal under paragraph (1) shall be
20assessed against the owner of the cemetery and collected
21under Chapter 21A (relating to assessments and charges for 
22public improvements).

23§ 2806. (Reserved).

24§ 2807. (Reserved).

25§ 2808. Removing bodies to alter plots.

26In altering the plot of a cemetery, bodies may be removed and
27reinterred in a suitable place but without cost to surviving
28relatives.

29§ 2809. Removal of bodies to other cemeteries.

30(a) Authority.--

1(1) This subsection applies to a privately owned
2cemetery, a borough-owned cemetery or a cemetery affiliated
3with a religious society or church or any other organization,
4when the cemetery:

5(i) has ceased to be used for interments;

6(ii) has become so neglected as to become a public
7nuisance;

8(iii) hinders the improvement and progressive
9interests of the borough; or

10(iv) is desired by the borough as a site for any
11public purpose.

12(2) The court of common pleas may, upon compliance with
13subsection (b), direct the removal of the remains of the dead
14from a cemetery.

15(b) Procedure.--

16(1) A petition under this section must be made to the
17court by any of the following:

18(i) The manager of the cemetery in charge of a
19religious society or church or an other organization. The
20following are required to utilize this subparagraph:

21(A) Public notice of a meeting of the entity on
22the petition must be given two weeks before the
23meeting.

24(B) At the meeting, a majority of the members of
25the entity must approve the petition.

26(C) The petition must set forth that the
27cemetery has ceased to be used for interments.

28(ii) If the cemetery is not under the charge of
29anyone, 50 residents of the borough. A petition under
30this subparagraph must set forth that the improvements

1and progressive interests of the borough are hampered and
2the welfare of the borough is injured by the presence of
3the cemetery.

4(iii) The council. A petition under this
5subparagraph must set forth that:

6(A) the cemetery has become so neglected as to
7become a public nuisance;

8(B) the improvements and progressive interests
9of the borough are hampered and the welfare of the
10borough is injured by the presence of the cemetery;
11or

12(C) the land is desired for a public purpose.

13(2) Notice must be given by advertisement in a newspaper
14of general circulation once a week for three successive
15weeks.

16(c) Private action.--A relative of the deceased individual
17subject to removal or another interested party of the dead may,
18prior to action under subsection (d), remove the remains at
19private expense.

20(d) Public action.--

21(1) The removal shall be made by:

22(i) the manager of the cemetery;

23(ii) the borough if the cemetery is:

24(A) not in charge of a manager; or

25(B) owned by the borough.

26(2) The removal shall be made at the expense of the
27removing party in a careful manner.

28(3) The removal shall be made:

29(i) except as set forth in subparagraph (ii), to a
30cemetery selected by the person that makes the removal;

1or

2(ii) upon request of a relative of the deceased
3individual subject to removal or another interested
4party, to a designated cemetery in the vicinity.

5(4) Each body removed shall be placed in a separate
6casket and grave, and the marker over the remains of the body
7shall be placed as near as possible in the same relative
8position as before removal.

9(e) Effect.--After the removal of all dead bodies from a
10cemetery, the land shall cease to be a cemetery or burial ground
11and may be acquired by the borough as other real estate is
12acquired for borough purposes.

13§ 2810. (Reserved).

14§ 2811. (Reserved).

15§ 2812. (Reserved).

16§ 2813. (Reserved).

17§ 2814. (Reserved).

18§ 2815. (Reserved).

19§ 2816. Purchase of plots for burial of deceased service
20members.

21(a) Authority.--A borough may purchase plots of ground in a
22cemetery or burial ground within its limits for the interment of
23deceased members of the armed forces who:

24(1) die within the borough or have a legal residence
25within the borough at the time of death; and

26(2) are entitled to be buried by the county under the
27provisions of existing law.

28(b) Cost.--Plots purchased under this section shall be paid
29for out of the borough treasury.

30CHAPTER 29

1LICENSES AND LICENSE FEES

2Sec.

32901. Licensing transient retail business.

42902. Licensure saved.

52903. Licensing parking lots and parking garages operated for
6profit.

72904. Persons taking orders by samples.

82905. Equality of residents and nonresidents.

92906. Insurance business.

10§ 2901. Licensing transient retail business.

11(a) Authority.--A borough may, by ordinance, regulate and
12license transient merchants engaged in any transient retail
13business within the borough.

14(b) Licensure.--The following shall apply:

15(1) An ordinance under this section may prohibit the
16transient retail business without a license and provide for
17enforcement by penalties or other appropriate means.

18(2) Except as set forth in paragraph (3), an ordinance
19under this section may set a license fee which bears a
20reasonable relationship to the cost of administering the
21ordinance and regulating and inspecting the transient retail
22business.

23(3) Paragraph (2) does not apply as follows:

24(i) Except as set forth in paragraph (ii), the
25ordinance may not impose a license fee on the following
26transient merchants:

27(A) A farmer selling the farmer's own produce.

28(B) A person selling personal property if the
29proceeds of the sale are to be applied to a
30charitable or philanthropic purpose.

1(C) A manufacturer or producer in the sale of
2any of the following:

3(I) Bread. This subclause includes a bakery
4product.

5(II) Meat. This subclause includes a meat
6product.

7(III) Milk. This subclause includes a milk
8product. This subclause does not include ice
9cream or another frozen dessert.

10(ii) The exception under this paragraph does not
11apply to a transient merchant that is also selling other
12personal property not excepted under subparagraph (i).

13(c) Registration.--An ordinance under this section may
14require that a transient merchant exempt under subsection (b)(2)
15register with the borough and otherwise be subject to all other
16provisions of the ordinance.

17(d) Definition.--As used in this section, the term
18"transient merchant" means a person engaged in transient retail
19business for the sale of personal property, whether the business
20is conducted from a fixed location within the borough or by an
21individual engaged in peddling, soliciting or the taking of
22orders from house to house.

23§ 2902. Licensure saved.

24(a) Commonwealth.--Nothing contained in this chapter shall
25be construed to relieve a person from a statutorily imposed:

26(1) licensure requirement;

27(2) license tax; or

28(3) license fee.

29(b) Boroughs.--A Commonwealth license tax or fee shall not
30preempt the registration, licensing or regulatory powers of a

1borough in accordance with this chapter unless the preemption is
2expressly authorized.

3§ 2903. Licensing parking lots and parking garages operated for
4profit.

5(a) Authority.--

6(1) A borough may, by ordinance, regulate the business
7of operating parking lots or parking garages for profit
8within the borough and may require the lots or garages to
9reserve areas exclusively for parking by handicapped
10individuals. Under the ordinance:

11(i) License or permit fees may be charged and
12collected from the operators of the parking lots or
13parking garages.

14(ii) Security is subject to the following:

15(A) Except as set forth in clause (B), the
16borough shall require from each operator of a parking
17lot or parking garage a bond to be approved by the
18council for the protection of the public from loss of
19or damage to vehicles parked, stored or placed under
20the jurisdiction of a parking lot or parking garage
21operator.

22(B) Clause (A) shall not apply to parking lots
23or parking garages operated by a municipal authority
24or a parking authority.

25(2) An ordinance under paragraph (1) must be consistent
26with 75 Pa.C.S. (relating to vehicles).

27(b) Individuals with disabilities.--Nothing in this section
28may be construed to limit statutory and regulatory protections
29and prohibitions contained relating to the rights of disabled
30individuals.

1§ 2904. Persons taking orders by samples.

2(a) Prohibition.--A borough may not impose, levy or collect
3a license fee or mercantile tax upon a person that takes, by
4sample, from a dealer or merchant an order for merchandise on
5behalf of an individual or company that pays a license fee or
6mercantile tax at the individual's or company's chief place of
7business.

8(b) Limitation.--Nothing in this section shall authorize a
9person to sell by retail to a person other than a dealer or
10merchant without payment of a license or permit fee.

11§ 2905. Equality of residents and nonresidents.

12A borough may not enact an ordinance imposing a license fee
13upon a manufacturer, including an agent and employee, that is a
14resident of this Commonwealth and solicits orders for or sells
15personal property manufactured in this Commonwealth if the
16borough could not legally impose the same license fee upon a
17manufacturer, including an agent and employee, that is a
18nonresident of this Commonwealth and solicits orders for or
19sells personal property manufactured outside this Commonwealth.

20§ 2906. Insurance business.

21A borough may not impose a license fee upon an insurance
22company, including an agent, or an insurance broker authorized
23to transact business under the act of May 17, 1921 (P.L.682,
24No.284), known as The Insurance Company Law of 1921.

25CHAPTER 29A

26VETERANS' AFFAIRS

27Subchapter

28A. Pennsylvania National Guard

29B. Support of Veterans' Organizations

30SUBCHAPTER A

1PENNSYLVANIA NATIONAL GUARD

2Sec.

329A01. Eminent domain for National Guard purposes.

429A02. Land for armory purposes.

529A03. Appropriation to assist in erection of armories.

629A04. Support of Pennsylvania National Guard units.

7§ 29A01. Eminent domain for National Guard purposes.

8(a) Authority.--Except as set forth in subsection (b), the
9council may take, by right of eminent domain, for the purpose of
10appropriating to the borough for the use of the Pennsylvania
11National Guard, public lands, easements and property as may be
12in its possession or control and used or held by the borough for
13any other purpose.

14(b) Exception.--Eminent domain may not be exercised as to a
15street or wharf.

16§ 29A02. Land for armory purposes.

17(a) Authority.--Except as set forth in subsection (b), the
18council may acquire, by purchase or by gift or by the right of
19eminent domain, land for the use of the Pennsylvania National
20Guard, to be conveyed to the Commonwealth in order to assist the
21State Armory Board in the erection of armories.

22(b) Exception.--The power under subsection (a) may not be
23exercised to take any of the following:

24(1) Church property.

25(2) A graveyard or cemetery.

26(3) A dwelling house or the curtilage of property:

27(i) designated in paragraph (1) or (2); and

28(ii) in the actual occupancy of the owner.

29§ 29A03. Appropriation to assist in erection of armories.

30The council has the following powers:

1(1) To appropriate money or convey land, either
2independently or in conjunction with another municipality,
3to:

4(i) assist the State Armory Board in the erection of
5armories for the use of the Pennsylvania National Guard;
6and

7(ii) furnish water, sewer service, light or fuel
8free of cost to the Commonwealth for use in any armory of
9the Pennsylvania National Guard.

10(2) To do all things necessary to accomplish the purpose
11of this section.

12§ 29A04. Support of Pennsylvania National Guard units.

13(a) Appropriation.--The council may appropriate annually a
14sum to be used and expended exclusively for the support and
15maintenance, discipline and training of a unit of the
16Pennsylvania National Guard.

17(b) Payment.--

18(1) The money appropriated shall be paid by warrant
19drawn to the order of the commanding officer of the unit upon
20certification to the borough, by the Adjutant General, that
21the unit has satisfactorily passed the annual inspection
22provided by law.

23(2) The commanding officer shall account, by proper
24vouchers to the borough each year, for the expenditure of the
25money appropriated. No appropriation shall be made for any
26subsequent year until the expenditure of the previous year is
27accounted for. The accounts of the expenditures shall be
28subject to the inspection of the Department of Military and
29Veterans Affairs and shall be audited by the Auditor General
30in accordance with law.

1SUBCHAPTER B

2SUPPORT OF VETERANS' ORGANIZATIONS

3Sec.

429A11. Appropriations to organizations and American Gold Star
5Mothers, Inc.

629A12. Payment of rent for meetings.

729A13. Rooms for veterans' organizations and children.

829A14. Care and erection of memorials.

9§ 29A11. Appropriations to organizations and American Gold Star
10Mothers, Inc.

11(a) Appropriation.--

12(1) The council may appropriate annually money to aid in
13defraying the expenses of Memorial Day, Veterans' Day or a
14similar day provided for by Federal or State law.

15(2) The appropriation shall be divided in amounts as
16council deems proper to:

17(i) an organization composed of veterans of a war in
18which the United States was engaged; and

19(ii) American Gold Star Mothers, Inc.

20(3) The money shall be appropriated to defray actual
21expenses only.

22(b) Payment.--Before payment is made, the organization
23receiving the appropriation must submit verified accounts of its
24expenditures.

25§ 29A12. Payment of rent for meetings.

26The council may appropriate annually a sum to an
27incorporated organization of American veterans of a war in which
28the United States was engaged, to be used in the payment of the
29rent for a facility in which the organization has its regular
30meetings.

1§ 29A13. Rooms for veterans' organizations and children.

2The council may furnish without charge to an organization
3composed of American veterans of a war in which the United
4States was engaged and children of the veterans a room in a
5public building of the borough.

6§ 29A14. Care and erection of memorials.

7(a) Authority.--The council may control and maintain a
8soldier's memorial which is:

9(1) situated in the borough;

10(2) not controlled and maintained by an individual or
11entity; and

12(3) not placed by the Federal Government, the
13Commonwealth, the county or another state.

14(b) Funding.--The council may receive and expend any money
15to be used for the maintenance of the memorials.

16(c) Contributions.--The council may contribute to the
17erection and maintenance of a memorial in honor of those who
18served in a war in which the United States was engaged.

19CHAPTER 30

20REAL ESTATE REGISTRY

21(RESERVED)

22CHAPTER 31

23HEALTH AND SANITATION

24Sec.

253100. Definitions.

263101. Administration.

273102. Board.

283103. Oaths, officers and security.

293104. Duties of board secretary.

303105. Powers and duties of health officer.

13106. Powers and duties of board.

23107. Entry upon premises.

33108. Abatement of nuisances.

43109. Expenditures.

53110. Cooperation.

63111. Department.

73112. (Reserved).

83113. (Reserved).

93114. (Reserved).

10§ 3100. 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"Board." A board of health established under section 3101(a)
15(relating to administration).

16"Board secretary." The secretary of a board.

17"Department." The Department of Health of the Commonwealth.

18"Health officer." An individual appointed under section
193101(a) (relating to administration) or 3103(b)(1)(iii)
20(relating to oaths, officers and security).

21"Professional health care provider." An individual who is
22licensed, certified or registered to practice or operate in the
23health care field under the laws of this Commonwealth. The term
24includes:

25(1) A physician.

26(2) A dentist.

27(3) A podiatrist.

28(4) A chiropractor.

29(5) An optometrist.

30(6) A psychologist.

1(7) A pharmacist.

2(8) A registered or practical nurse.

3(9) A physical therapist.

4(10) A physician's assistant.

5(11) A paramedic.

6(12) An administrator of any hospital, nursing or
7convalescent home or other health care facility.

8(13) A veterinarian.

9§ 3101. Administration.

10(a) Establishment.--The council may, by ordinance, appoint a
11board of health or a health officer to administer and enforce
12the health ordinances and related ordinances of the borough. A
13health officer must have experience or training in public health
14work and must, within six months of taking the oath of office,
15be certified for the office of health officer by the department.

16(b) Expenses.--Expenses incurred by the board or a health
17officer shall be paid by the borough.

18(c) Dissolution.--A borough may, by ordinance, dissolve a
19board and decide to become subject to the jurisdiction of a
20county department of health or joint county department of health
21under the act of August 24, 1951 (P.L.1304, No.315), known as
22the Local Health Administration Law.

23§ 3102. Board.

24(a) Membership.--

25(1) A board appointed by a council shall be composed of
26three or five members, subject to the following:

27(i) Except as set forth in subparagraph (ii), at
28least one member must be a professional health care
29provider with not less than two years' experience in the
30practice of the member's respective profession.

1(ii) If subparagraph (i) cannot be met, at least one
2member must have had experience in or be knowledgeable of
3public health issues.

4(b) Terms.--

5(1) Initial terms shall be staggered as follows:

6(i) For a three-member board:

7(A) one member shall serve a term of one year;

8(B) one member shall serve a term of two years;
9and

10(C) one member shall serve a term of three
11years.

12(ii) For a five-member board:

13(A) one member shall serve a term of one year;

14(B) one member shall serve a term of two years;

15(C) one member shall serve a term of three
16years;

17(D) one member shall serve a term of four years;
18and

19(E) one member shall serve a term of five years.

20(2) Subsequent terms shall be staggered as follows:

21(i) For a three-member board, a subsequent term
22shall be three years.

23(ii) For a five-member board, a subsequent term
24shall be five years.

25(c) Compensation.--

26(1) Except as set forth in paragraph (2), the members of
27the board shall serve without compensation.

28(2) Paragraph (1) shall not apply to a member of the
29board who is elected board secretary under section 3103(b)(2)
30(relating to oaths, officers and security).

1§ 3103. Oaths, officers and security.

2(a) Oath of office.--A member of the board must take the
3oath prescribed for borough members of council.

4(b) Officers.--

5(1) The board shall annually organize by electing:

6(i) a president from among the members of the board;

7(ii) a board secretary who may or may not be a
8member of the board; and

9(iii) a health officer.

10(2) The board secretary and the health officer shall
11receive salaries fixed by the board and ratified by the
12council.

13(3) The board secretary and health officer shall serve
14until a successor is elected and qualified.

15(c) Security.--The council may require the board secretary
16and health officer to furnish a bond to the borough in a
17prescribed amount for the faithful discharge of their duties.

18§ 3104. Duties of board secretary.

19The board secretary has the following duties:

20(1) To maintain, under 53 Pa.C.S. Ch. 13 Subch. F
21(relating to records), the minutes of the proceedings of the
22board and keep accurate accounts of the expenditures of the
23board.

24(2) To draw requisitions for the payment of money on
25account of the board from appropriations made by the council
26to the board and present the requisitions to the president of
27the board for the president's approval.

28(3) To render statements of the expenditures to the
29board at each stated meeting or as frequently as the board
30requires.

1(4) To prepare, under the direction of the board, the
2annual report to the council and the estimate of
3appropriation needed for the ensuing year.

4(5) To report to the department at statutory or
5regulatory intervals the cases of communicable disease
6reported to the board on the form provided by the department
7and make an annual report to the department.

8(6) To perform other duties required by the board.

9§ 3105. Powers and duties of health officer.

10(a) Powers.--A health officer may issue a citation for
11violation of a health ordinance or related law.

12(b) Duties.--A health officer has the following duties:

13(1) Administer and enforce the health ordinances of the
14borough and related law.

15(2) Perform the duties as are vested in local health
16officers by Statute or regulation.

17(3) Make sanitary inspections.

18(4) Execute the orders of the board.

19(5) To attend all regular and special meetings of the
20board of health.

21§ 3106. Powers and duties of board.

22(a) Powers.--A board has the following powers to:

23(1) Recommend to the council rules and regulations
24necessary for the preservation of the public health and for
25carrying into effect the functions of the board.

26(2) Appoint a health officer. A health officer must have
27experience or training in public health work and must, within
28six months of taking the oath of office, be certified for the
29office of health officer by the department.

30(3) Abate and remove nuisances the board deems

1detrimental to the public health.

2(4) Mark infected premises.

3(b) Duties.--A board has the duty to enforce all of the
4following related to promotion of public health and prevention
5of the introduction and spread of infectious or contagious
6disease:

7(1) A statute.

8(2) A regulation of the department.

9(3) An ordinance of the borough.

10§ 3107. Entry upon premises.

11(a) Authority.--

12(1) This subsection applies to all of the following:

13(i) A member of a board.

14(ii) A health officer.

15(iii) An employee of a board or a health officer.

16(iv) An agent of a board or health officer.

17(2) An individual subject to paragraph (1) may, upon
18order of the board:

19(i) enter premises in the borough where an
20infectious or contagious disease or a nuisance
21detrimental to the public health is suspected; and

22(ii) examine and abate the disease or nuisance.

23(b) Warrant.--If entry under subsection (a)(2)(i) is
24prevented, the board of health or health officer may obtain an
25administrative search warrant from a magisterial district judge
26with jurisdiction over the premises upon a showing of any of the
27following:

28(1) Reasonable standards and an administrative plan for
29conducting inspections.

30(2) The condition of the premises or general area and

1the passage of time since the last inspection.

2(3) Probable cause of a violation of a law specified in
3section 3106(b) (relating to powers and duties of board).

4§ 3108. Abatement of nuisances.

5(a) Initial order.--If the board finds a condition or
6premises to be a nuisance to the health of the people of the
7borough, it shall issue a written order of abatement directed to
8the owner or agent of the owner of the premises. The order
9shall:

10(1) state that the conditions specified in the premises
11constitute the nuisance; and

12(2) order an abatement of the nuisance within a
13specified reasonable time.

14(b) Subsequent order.--

15(1) Upon noncompliance of the order under subsection
16(a), the board shall issue a written order to the health
17officer directing removal or abatement of the nuisance.

18(2) An order under paragraph (1) shall be executed by
19the health officer or an agent of the health officer.

20(3) The expense of execution under paragraph (2) shall
21be recoverable as a municipal claim from the owner of the
22premises, with a 10% penalty.

23(c) Legal action.--In lieu of or in addition to the
24procedure under subsections (a) and (b), council may seek relief
25from a nuisance or threatened nuisance by an action at law or in
26equity. Council may seek guidance of the board or the health
27officer in determining the nature of the relief requested.

28§ 3109. Expenditures.

29(a) Estimate.--The board or the health officer shall submit
30to council, before commencement of the borough's fiscal year, an

1estimate of the probable expenditures of the board or the health
2officer during the ensuing fiscal year.

3(b) Appropriation.--Council shall make appropriations based
4on the estimate as deemed necessary.

5(c) Report.--The board or the health officer shall, each
6January, submit a report to council on:

7(1) the appropriation and the expenditures for the
8preceding fiscal year; and

9(2) information on subjects relative to the sanitary
10conditions or requirements of the borough.

11§ 3110. Cooperation.

12A borough may cooperate in the administration and enforcement
13of health laws with:

14(1) the department;

15(2) a county in which the borough is located; and

16(3) a municipal corporation.

17§ 3111. Department.

18(a) No limitation.--Nothing in this part may be construed
19to limit the powers and duties of the department, including the
20powers and duties under Article XXI of the act of April 9, 1929
21(P.L.177, No.175), known as The Administrative Code of 1929.

22(b) Expenses.--

23(1) Expenses of the department for which the borough is
24liable shall be paid by the borough where the expenses have
25been incurred.

26(2) If expenses under paragraph (1) are unpaid for a
27period of more than three months after a statement of the
28expense has been rendered to the borough and demand for
29payment is made, the Secretary of Health shall, with the
30approval of the Governor, institute an action against the

1borough for the collection of the expense. The reasonableness
2of the expenditures made by the secretary shall be submitted
3to the jury for its determination.

4(3) Upon payment, the department shall return the money
5to the State Treasurer, who shall credit the amount to the
6appropriation made to the department.

7§ 3112. (Reserved).

8§ 3113. (Reserved).

9§ 3114. (Reserved).

10CHAPTER 32

11ZONING

12(Reserved)

13CHAPTER 32A

14UNIFORM CONSTRUCTION CODE, PROPERTY

15MAINTENANCE CODE AND RESERVED POWERS

16Sec.

1732A01. Primacy of Uniform Construction Code.

1832A02. Changes in Uniform Construction Code.

1932A03. Public nuisance.

2032A04. Property maintenance code.

2132A05. Reserved powers.

22§ 32A01. Primacy of Uniform Construction Code.

23(a) General rule.--The following shall apply to the
24construction, alteration, repair and occupancy of all buildings
25and structures within a borough:

26(1) The Pennsylvania Construction Code.

27(2) The Uniform Construction Code adopted under section
28301 of the Pennsylvania Construction Code.

29(b) Primacy.--This section and any ordinance, rule or
30regulation adopted under this section shall not supersede or

1abrogate the Pennsylvania Construction Code or the Uniform
2Construction Code and shall be construed and read in pari
3materia with the Pennsylvania Construction Code and the Uniform
4Construction Code.

5§ 32A02. Changes in Uniform Construction Code.

6A borough may propose and enact an ordinance to equal or
7exceed the minimum requirements of the Uniform Construction Code
8in accordance with section 503 of the Pennsylvania Construction
9Code. Any ordinance exceeding the provisions of the Uniform
10Construction Code shall be required to meet the standards under
11section 503(j)(2) of the Pennsylvania Construction Code.

12§ 32A03. Public nuisance.

13(a) Abatement.--Except as provided under subsection (b), any
14building, housing or property or a part of any building, housing
15or property erected, altered, extended, reconstructed, removed
16or maintained, contrary to the provisions of an ordinance passed
17for the purposes specified under this chapter, may be declared,
18by a court of law, a public nuisance and may be abatable.

19(b) Exception.--A violation of the Uniform Construction Code
20or any ordinance that equals or exceeds the Uniform Construction
21Code shall be subject to the Pennsylvania Construction Code and
22the regulations adopted under the Pennsylvania Construction Code
23Act relating to enforcement for noncompliance.

24§ 32A04. Property maintenance code.

25(a) Enactment.--Notwithstanding the primacy of the Uniform
26Construction Code, a borough may enact one of the following:

27(1) A property maintenance ordinance and may incorporate
28a standard or nationally recognized property maintenance
29code, or any variations or changes or parts of the code,
30published and printed in book form, without incorporating the

1text of the code in the ordinance.

2(2) A standard or nationally recognized property
3maintenance code or any variations or changes or parts as its
4property maintenance ordinance.

5(a.1) Notice.--The following shall apply:

6(1) An ordinance or any variations or changes or parts
7under subsection (a) shall not be required to be advertised
8after passage. Notice of the consideration of an ordinance or
9any variations or changes or parts under subsection (a) shall
10be published in a manner that will give adequate notice of
11its contents and a reference to the place within the borough
12where copies of the proposed property maintenance code may be
13examined or obtained.

14(2) The notice required under paragraph (1) shall be
15published once in one newspaper of general circulation at
16least one week and not more than three weeks prior to the
17presentation of the proposed property maintenance code to
18council.

19(a.2) Inspection.--At least three copies of the ordinance
20adopted by council:

21(1) shall be made available:

22(i) for public inspection and use during business
23hours; or

24(ii) to any interested party who pays the cost of
25copying; or

26(2) may be furnished or lent without charge.

27(a.3) A property maintenance code adopted by reference
28shall:

29(1) not be required to be recorded in or attached to an
30ordinance book; and

1(2) be deemed to have been legally recorded if the
2ordinance by which the code was adopted by reference has been
3recorded with an accompanying notation stating where the full
4text of the code has been filed.

5(a.4) Fines and penalties.--An ordinance under this section
6may provide for reasonable property fines and penalties for
7violations of the ordinance.

8(a.5) Procedure.--The procedure under this section relating
9to the adoption of an ordinance under this section may be used
10in amending, supplementing or repealing any of the provisions of
11the ordinance.

12(b) Property maintenance inspectors.--Council may appoint
13property maintenance inspectors who may enter, subject to
14constitutional standards in a similar manner as provided under
15section 3107 (relating to entry upon premises), and inspect any
16premises at reasonable hours and in a reasonable manner for the
17administration and enforcement of the borough's property
18maintenance code or ordinance under subsection (a). Any fees
19payable to property maintenance inspectors under the ordinance
20shall be paid by the property maintenance inspectors as soon as
21possible to the borough treasurer for the use of the borough.

22(c) Legal actions.--In addition to the penalties provided by
23a property maintenance ordinance, a borough may institute
24appropriate actions or proceedings at law or in equity to
25prevent or restrain property maintenance violations.

26(d) Construction.--The powers of a borough under this
27section shall be in addition to the powers provided under the
28following:

29(1) The act of November 26, 2008 (P.L.1672, No.135),
30known as the Abandoned and Blighted Property Conservatorship

1Act.

2(2) 53 Pa.C.S. Ch. 61 (relating to neighborhood blight
3reclamation and revitalization).

4(3) 68 Pa.C.S. Ch. 21 (relating to land banks).

5§ 32A05. Reserved powers.

6(a) Power.--If, as a result of legislative action or final
7order of court which is not subject to appellate review, the
8Uniform Construction Code or any replacement code is no longer
9applicable in boroughs, a borough may:

10(1) Enact and enforce ordinances to govern and regulate
11the following in relation to a building and housing, parts of
12a building and housing or a facility and service in or about
13a building or housing:

14(i) Construction, reconstruction, alteration,
15extension, repair and conversion.

16(ii) Maintenance.

17(iii) Occupation.

18(iv) Sanitation.

19(v) Ventilation, heating, egress, lighting,
20electrical wiring, water supply, toilet facilities,
21drainage, plumbing, fire prevention and fireproofing,
22including limitations under which only buildings of
23noncombustible material and fireproofed roofs are used in
24construction.

25(vi) Erection or substantial reconstruction.

26(vii) Use and inspection.

27(viii) Sanitation and inspection of land attached to
28a building or housing.

29(2) Require that the approval of plans and
30specifications are secured before construction,

1reconstruction, alteration, extension, repair or conversion
2of a building is started.

3(3) Appoint and determine the compensation of the
4following:

5(i) Building inspectors.

6(ii) Housing inspectors.

7(iii) Property maintenance inspectors.

8(iv) Fire prevention inspectors.

9(v) Electrical inspectors.

10(vi) Plumbing inspectors.

11(4) In addition to penalties provided by an ordinance,
12institute actions to do any of the following:

13(i) Prevent or restrain the unlawful construction,
14reconstruction, alteration, extension, repair,
15conversion, maintenance, use or occupation of property
16located within the borough.

17(ii) Restrain, correct or abate a violation.

18(iii) Prevent the use or occupancy of a building,
19housing or structure.

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

21(1) A code under subsection (a)(1) may be combined or
22separately enacted or combined with a property maintenance
23code.

24(2) A borough may adopt, amend or incorporate by
25reference any standard or nationally recognized code or any
26variations or changes or parts of the code as its ordinance
27as provided under section 32A04 (relating to property
28maintenance code).

29(3) An ordinance under subsection (a)(1) may provide for
30reasonable fines and penalties for violations of the

1ordinance in compliance with Chapter 33 (relating to
2ordinances).

3(c) Inspectors.--An inspector under subsection (a)(3) may
4enter, subject to constitutional standards in a similar manner
5as provided under section 3107 (relating to entry upon
6premises), and inspect a premises at reasonable hours and in a
7reasonable manner for the administration and enforcement of the
8borough's adopted codes or ordinances incorporating standard or
9nationally recognized codes. Any fees payable to inspectors
10under the ordinances shall be paid by the inspectors as soon as
11possible to the borough treasurer for the use of the borough.

12CHAPTER 33

13ORDINANCES

14Subchapter

15A. General Provisions

16B. Enforcement

17SUBCHAPTER A

18GENERAL PROVISIONS

19Sec.

203301.1. Ordinances and resolutions.

213301.2. Publication.

223301.3. Enactment, approval and veto.

233301.4. Recording, advertising and proof.

243301.5. Codification of ordinances.

253301.6. Appeals from ordinances.

263301.7. Replacement of ordinance books.

273302. (Reserved).

283303. (Reserved).

293304. (Reserved).

303305. (Reserved).

13306. (Reserved).

23307. (Reserved).

33308. (Reserved).

43309. (Reserved).

5§ 3301.1. Ordinances and resolutions.

6(a) General rule.--Council shall enact ordinances in
7accordance with this part and the laws of this Commonwealth in
8which the powers of the borough shall be exercised as deemed
9beneficial to the borough and to provide for the enforcement of
10the powers of the borough. Council may amend, repeal or revise
11existing ordinances by the enactment of subsequent ordinances.

12(b) Legislative acts.--Every legislative act of council must
13be by ordinance. Legislative acts shall include, but not be 
14limited to:

15(1) Tax ordinances.

16(2) General appropriation ordinances.

17(3) Capital expenditures not payable out of current
18funds

19(4) Legislation doing any of the following:

20(i) Exercising the police power of the borough.

21(ii) Regulating land use, development and
22subdivision.

23(iii) Imposing building, plumbing, electrical,
24property maintenance, housing and similar standards.

25(iv) Regulating the conduct of a person or entity
26within the borough and imposing penalties for violation
27of the regulated conduct.

28(5) Imposing assessments on benefited property for
29public improvements in accordance with Chapter 21A (relating
30to assessments and charges for public improvements).

1(c) Resolutions.--Council shall adopt resolutions in
2accordance with this part and the laws of this Commonwealth.
3Resolutions may be adopted for any purpose, including but not
4limited to, the following:

5(1) Ceremonial or congratulatory expressions of the good
6will of the council.

7(2) Statements of public policy of the council.

8(3) Approval of formal agreements of the borough, except
9for agreements arising under an established purchasing system
10of the borough,

11(4) Approval, if required, of administrative rules,
12regulations and bylaws arising under State statutes or
13borough ordinances.

14(5) The filling of borough-appointed positions and of
15vacancies of elected officials, except as otherwise provided.

16(d) Real and personal property.--Council's approval of the
17acquisition, disposition and leasing of real or personal
18property shall be by adoption of a resolution in a manner
19consistent with this part.

20§ 3301.2. Publication.

21(a) Requirements.--Except as provided under this part or
22other law, council shall publish every proposed ordinance once
23in one newspaper of general circulation for at least seven days
24and not more than 60 days prior to enactment prior to the day
25when council shall vote on the proposed ordinance. Publication
26of any proposed ordinance shall include all of the following:

27(1) The full text or the title of the ordinance and a
28brief summary prepared by the borough solicitor setting forth
29all the provisions in reasonable detail.

30(2) A reference to the borough office or other place

1where borough records are kept where copies of the proposed
2ordinance may be examined.

3(b) Summary.--If the full text is not included in the
4publication of the proposed ordinance, the following shall
5apply:

6(1) The newspaper in which the proposed ordinance is
7published shall, upon request, be furnished a copy of the
8full text.

9(2) The following shall apply:

10(i) In addition to copies of the full text of the 
11proposed ordinance retained where borough records are 
12kept in accordance with subsection (a), an attested copy
13of the full text shall be filed in the county law library
14or other county office designated by the county
15commissioners.

16(ii) The county commissioners may impose a fee not
17greater than the actual costs of storing the proposed
18ordinance.

19(iii) Filing with the county may be completed by the
20submission of an electronic copy of the ordinance through
21a method available, in the sole discretion of the county,
22to permit receipt by the office storing municipal
23ordinances.

24(iv) Upon request by the borough, the county shall
25notify the borough of the method by which electronic
26copies may be submitted.

27(v) The county may store the ordinance
28electronically, if the public is able to access the
29electronically stored borough ordinances during regular
30business hours at the office or at a remote location.

1(vi) The borough shall retain a printed copy of the
2email and ordinance as transmitted.

3(3) The date of the filing with the county under
4paragraph (2) shall not affect the effective date of the
5ordinance and shall not be deemed a defect in the process of
6the enactment of the ordinance.

7(c) Notice of amendments.--If substantial amendments are
8made in the proposed ordinance, before voting upon enactment,
9council shall, within ten days, readvertise in one newspaper of
10general circulation a brief summary setting forth all the
11provisions in reasonable detail together with a summary of the
12amendments. A copy of the full text of the amended proposed
13ordinance shall be retained where borough records are kept.

14§ 3301.3. Enactment, approval and veto.

15(a) Approval by mayor.--

16(1) Every ordinance enacted by council shall be
17presented to the mayor for the mayor's approval. Presentation
18to the mayor shall be deemed to mean delivery to the mayor by
19hand delivery or certified mail, addressee only, to the mayor
20at the mayor's last known address. Delivery shall be deemed
21complete upon depositing in the mail, postage or charges
22prepaid, as evidenced by a certificate of mailing.

23(2) The following shall apply:

24(i) If the mayor approves the ordinance, the mayor
25shall sign it.

26(ii) If the mayor does not approve the ordinance,
27the mayor shall return it with objections, which shall be
28entered upon the minutes, to the council at its next
29scheduled meeting occurring at least ten days after the
30meeting at which the ordinance was enacted by council.

1(iii) Council shall reconsider the ordinance either
2at the meeting at which the vetoed ordinance was returned
3or not later than ten days after the meeting at any other
4scheduled meeting. If, after reconsideration, a majority
5of all elected council members plus one votes to override
6the mayor's veto, the ordinance shall have full force and
7effect as if it had received the approval of the mayor.
8The vote shall be determined by yeas and nays and the
9names and votes of the members shall be entered upon the
10minutes.

11(iv) A scheduled meeting, as used in this section,
12may be either a regular, special or reconvened meeting.

13(3) If an ordinance is not returned by the mayor at
14council's next scheduled meeting occurring at least ten days
15after its presentation to the mayor, the ordinance shall have
16full force and effect as if it had been approved by the
17mayor.

18(b) Effective date.--The effective date of an enacted
19ordinance, except as provided in the ordinance, shall be one of
20the following:

21(1) The date when the mayor approves the ordinance.

22(2) The date of enactment by the council over the veto
23of the mayor.

24(3) For an ordinance not returned by the mayor at the
25next scheduled meeting of council occurring at least ten days
26after the meeting at which the ordinance was enacted by the
27council, the date of the succeeding scheduled meeting of
28council.

29(c) Tax ordinance.--The following shall apply:

30(1) If council presents the mayor with the annual tax

1ordinance under section 1310.1 (relating to tax ordinance),
2the mayor shall, within ten days of receiving the tax
3ordinance, approve or return the tax ordinance to the borough
4secretary with a statement setting forth the mayor's
5objections.

6(2) Council shall reconsider the tax ordinance at any
7scheduled meeting held not later than ten days after the
8mayor has returned the tax ordinance to the secretary with
9the mayor's objections. The mayor's objections shall be
10entered upon the minutes of the meeting.

11(3) A veto of the tax ordinance of the borough may be
12overridden by a vote of a majority of all elected council
13members plus one. If the veto is overridden, the ordinance
14shall have full force and effect as if it had received the
15approval of the mayor.

16(4) If the mayor neither approves the tax ordinance nor
17returns it with objections, the date of enactment of the tax
18ordinance shall be the date of the adoption of the tax
19ordinance by council.

20§ 3301.4. Recording, advertising and proof.

21(a) Recording.--All borough ordinances shall, within 30 days
22after approval by the mayor, the council's override of the
23mayor's veto or council's next scheduled meeting after its
24presentation to the mayor, be recorded by the borough secretary
25in an ordinance book. The ordinance book shall be open to the
26inspection of citizens during normal business hours.

27(b) Proof.--All ordinances may be proved by the certificate
28of the borough secretary under the corporate seal. If an
29ordinance is printed or published in book or pamphlet form by
30the authority of the borough, the ordinance shall be accepted as

1evidence without further proof. The entry of the borough
2ordinance in the ordinance book shall be sufficient without the
3signature of the president of council, mayor or member of
4council.

5(c) Prior ordinances.--The text of a borough ordinance or a
6portion of an ordinance which was attached to the ordinance book
7before January 1, 1966, shall be considered in force as if the
8ordinances or portions of ordinances had been recorded in the
9ordinance book if all other requirements of this part applicable
10to the enactment, approval, advertising and recording of the
11ordinances or portions of ordinances were complied with within
12the time limits prescribed under this part.

13§ 3301.5. Codification of ordinances.

14(a) Consolidation, codification and revision.--The borough
15council, under section 3301.1(a) (relating to ordinances and
16resolutions), may:

17(1) enact a consolidation, codification or revision of
18borough ordinances as a single ordinance of the borough; and

19(2) enact a complete group ordinance, repealing or
20amending existing ordinances as necessary.

21(b) Enactment.--For a consolidation, codification or
22revision under subsection (a), the following apply:

23(1) The ordinance must be introduced in the council at
24least 30 days before its final enactment.

25(2) At least 15 days before final enactment, notice of
26the introduction of the ordinance must be given by
27advertisement in a newspaper of general circulation. For
28enactment under subsection (a)(2), the notice must list, in
29lieu of a table of contents, the titles of each of the
30ordinances in the complete group.

1(c) Subsequent notice.--When any consolidation, codification
2or revision under subsection (a) has been enacted as an
3ordinance, it shall not be necessary to advertise the entire
4text, but it shall be sufficient to publish a notice referring
5to notice under subsection (b)(2) and stating final enactment.

6§ 3301.6. Appeals from ordinances.

7Complaint as to the legality of any ordinance or resolution
8must be made to the court of common pleas. In cases of
9ordinances laying out streets over private lands, the court
10shall have jurisdiction to review the propriety as well as the
11legality of the ordinance.

12§ 3301.7. Replacement of ordinance books.

13(a) Ordinance.--

14(1) If an ordinance book is unserviceable, the council
15may provide by ordinance for the secretary of the borough to
16establish a replacement ordinance book recording all
17ordinances affected by the replacement.

18(2) The following apply to an ordinance under this
19subsection:

20(i) The ordinance must be recorded in the ordinance
21book immediately following the recorded ordinances
22affected by the replacement.

23(ii) The ordinance must direct the secretary, upon
24completion of the recording, to publish once, in one
25newspaper of general circulation, a notice:

26(A) identifying the ordinances contained in the
27unserviceable ordinance book; and

28(B) stating that the old books and records of
29borough ordinances and the replacement ordinance book
30are open to public inspection for the purpose of

1verification and correction for a period of 30 days
2from the date of the notice.

3(b) Secretary.--

4(1) The secretary, in recording the ordinances, must
5make complete copies of the ordinances, including the date of
6enactment and approval and the names of the officers who
7signed them.

8(2) After notice and corrections under subsection (a)(2)
9(ii), the secretary must certify each ordinance as a correct
10copy of the original.

11(c) Effect.--Upon compliance with subsection (b), the
12recorded replacement ordinance shall replace the original
13ordinance as the ordinances of the borough for the period
14covered by the new ordinance book.

15§ 3302. (Reserved).

16§ 3303. (Reserved).

17§ 3304. (Reserved).

18§ 3305. (Reserved).

19§ 3306. (Reserved).

20§ 3307. (Reserved).

21§ 3308. (Reserved).

22§ 3309. (Reserved).

23SUBCHAPTER B

24ENFORCEMENT

25Sec.

263321. Fines and penalties.

273322. Commitment pending trial.

283323. Commitment after trial.

293324. Payment of costs by borough.

30§ 3321. Fines and penalties.

1(a) Prescription.--

2(1) A borough ordinance shall prescribe fines and
3penalties for violation.

4(2) A civil penalty may not exceed $600 per violation.

5(3) The council may prescribe a criminal fine not to
6exceed $1,000 per violation and may prescribe imprisonment to
7the extent allowed by law for the punishment of a summary
8offense.

9(4) An ordinance under this subsection may provide that
10a separate violation under paragraph (2) or (3) shall arise
11for:

12(i) each day of violation; and

13(ii) each applicable section of the ordinance.

14(5) An ordinance may provide for assessment of court
15costs and reasonable attorney fees incurred by the borough in
16the enforcement proceedings.

17(6) The council may delegate the initial determination
18of ordinance violation and the service of notice of violation
19to a qualified officer or agent.

20(b) Enforcement at law.--Unless otherwise provided by
21statute, a borough ordinance shall set forth the method of its
22enforcement in accordance with the following:

23(1) Except as provided in paragraph (2), if the penalty
24is not paid, the borough shall initiate a civil action for
25collection in accordance with the Pennsylvania Rules of Civil
26Procedure. A borough shall be exempt from the payment of
27costs in an action under this paragraph.

28(2) For an ordinance regulating building, housing,
29property maintenance, health, fire, public safety, parking,
30solicitation, curfew, water or air or noise pollution,

1enforcement shall be by a criminal action in the same manner
2provided for the enforcement of summary offenses under the
3Pennsylvania Rules of Criminal Procedure. The municipal
4solicitor may assume charge of the prosecution without the
5consent of the district attorney as required under
6Pa.R.Crim.P. No. 454 (relating to trial in summary cases).
7Violations of the property maintenance code or ordinance may
8also be enforced under section 32A04(c) (relating to property
9maintenance code).

10(3) Except for an ordinance subject to paragraph (2), an
11ordinance enacted prior to July 16, 2012, shall be deemed
12automatically amended so that it shall be enforced under
13paragraph (1).

14(4) If a civil claim under this subsection, exclusive of
15interest, costs or fees, exceeds the monetary jurisdiction of
16a magisterial district judge under 42 Pa.C.S. § 1515(a)
17(relating to jurisdiction and venue), the borough may:

18(i) bring the action in a court of common pleas; or

19(ii) make a waiver under 42 Pa.C.S. § 1515(a)(3).

20(c) Enforcement in equity.--In addition to or in lieu of
21enforcement under subsection (b), a borough may enforce an
22ordinance in equity in a court of common pleas of the county
23where the borough is situate.

24(d) Payment.--Money collected under subsection (b) shall be
25paid to the borough treasurer.

26§ 3322. Commitment pending trial.

27An individual arrested for the violation of a borough
28ordinance may, pending trial, be committed to:

29(1) the borough correctional facility; or

30(2) if there is no suitable borough correctional

1facility, to a county correctional facility.

2§ 3323. Commitment after trial.

3A defendant sentenced to imprisonment for a violation of a
4borough ordinance may be committed to:

5(1) the borough correctional facility for up to ten
6days; or

7(2) a county correctional facility for up to 30 days.

8§ 3324. Payment of costs by borough.

9If a prisoner is committed to a county correctional facility
10under section 3322(2) (relating to commitment pending trial) or
113323(2) (relating to commitment after trial), the expenses of
12maintaining the prisoner during confinement shall be paid by the
13borough, and the county shall not be liable for the maintenance.

14CHAPTER 34

15ACTIONS BY AND AGAINST BOROUGHS

16(Reserved)

17CHAPTER 35

18ACTS OF ASSEMBLY REPEALED AND SAVING CLAUSE

19Sec.

203501. Repeals.

21§ 3501. Repeals.

22(a) (Reserved).

23(b) Inconsistent repeal.--All acts or parts of acts
24inconsistent with this part are repealed. This part shall
25furnish a complete and exclusive system for the government and
26regulation of boroughs, except as enumerated under section 102
27(relating to excluded provisions).

28(c) Law not repealed.--Nothing under this part shall be
29construed to repeal any of the following:

30(1) A local or special law.

1(2) A law relating to the Navigation Commission for the
2Delaware River and its navigable tributaries.

3(3) A law, the enforcement of which is vested in the
4Department of Health.

5(3.1) A law, the enforcement of which is vested in the
6Department of Environmental Protection.

7(4) A law, the enforcement of which is vested in the
8Department of Conservation and Natural Resources.

9(5) The act of December 31, 1965 (P.L.1257, No.511),
10known as The Local Tax Enabling Act.

11(6) The act of February 14, 2008 (P.L.6, No.3), known as
12the Right-to-Know Law.

13(7) 45 Pa.C.S. (relating to legal notices).

14(8) 65 Pa.C.S. (relating to public officers).

15(9) 66 Pa.C.S. Pt. I (relating to Public Utility Code).

16(d) Revival.--Nothing under this part shall be construed to
17revive any act or part of a repealed act.

18Section 2. Section 7132(b) of Title 44 is amended to read:

19§ 7132. Police officers.

20* * *

21(b) Exception.--Unless prevented from doing so by the
22operation of 8 Pa.C.S. Ch. 11 Subch. J (relating to civil 
23service for police and fire apparatus operators), borough
24policemen who reside in the borough may hold and exercise the
25office of constable in the borough, or in any ward thereof, and
26receive all costs, fees and emoluments pertaining to such
27office.

28Section 3. Repeals are as follows:

29(1) The General Assembly declares that the repeal under
30paragraph (2) is necessary to effectuate the addition of 8

1Pa.C.S. Pt. I.

2(2) The act of February 1, 1966 (1965 P.L.1656, No.581),
3known as The Borough Code, is repealed.

4Section 4. The addition of 8 Pa.C.S. Pt. I is a continuation
5of the act of February 1, 1966 (1965 P.L.1656, No.581), known as
6The Borough Code. The following apply:

7(1) Except as otherwise provided in 8 Pa.C.S. Pt. I, all
8activities initiated under The Borough Code shall continue
9and remain in full force and effect and may be completed
10under 8 Pa.C.S. Pt. I. Orders, regulations, rules and
11decisions which were made under The Borough Code and which
12are in effect on the effective date of section 3(2) of this
13act shall remain in full force and effect until revoked,
14vacated or modified under 8 Pa.C.S. Pt. I. Contracts,
15obligations and collective bargaining agreements entered into
16under The Borough Code are not affected nor impaired by the
17repeal of The Borough Code.

18(2) Except as set forth in paragraph (3), any difference
19in language between 8 Pa.C.S. Pt. I and The Borough Code is
20intended only to conform to the style of the Pennsylvania
21Consolidated Statutes and is not intended to change or affect
22the legislative intent, judicial construction or
23administration and implementation of The Borough Code.

24(3) Paragraph (2) does not apply to the addition of the
25following provisions of 8 Pa.C.S.:

26(i) The definition of "freeholders" in section 200.

27(ii) Section 202(a)(3).

28(iii) Section 210(a).

29(iv) Section 801.

30(v) Section 901(a.1).

1(vi) Section 902.

2(vii) Section 904.1.

3(viii) Section 1104(a) and (f)(3).

4(ix) Section 1121(a)(5).

5(x) Section<- 1202(20), (23), (35), (46) and (60).

6(xi) Section 1302(a)(10).

7(xii) section Section<- 1315(a)(4).

8(xiii) Section 21A06.

9(xiv) Section 2456(b)(3).

10(XV) Section 2701(e).

11(xvi) Section 2708(b).

12(xvii) Section 3301.1(b)(5).

13(xviii) Section 3301.2(a)(2), (b)(2) and (c).

14Section 5. The addition of 8 Pa.C.S. §§ 801(b) and 1104(f)
15(3) shall apply to officials elected or appointed to fill a
16vacancy in an elected office after the effective date of this
17section.

18Section 6. This act shall take effect in 60 days.