AN ACT

 

1Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
2"An act concerning townships of the first class; amending,
3revising, consolidating, and changing the law relating
4thereto," further providing for filing and recording of
5ordinances.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Clause I of section 1502 of the act of June 24,
91931 (P.L.1206, No.331), known as The First Class Township Code,
10reenacted and amended May 27, 1949 (P.L.1955, No.569), amended
11July 1, 1969 (P.L.119, No.49) and June 23, 1976 (P.L.410, No.92)
12and repealed in part April 28, 1978 (P.L.202, No.53), is amended
13to read:

14Section 1502. The corporate power of a township of the first
15class shall be vested in the board of township commissioners.
16The board shall have power--

17I. Ordinances and Resolutions. (a) To adopt resolutions
18and ordinances prescribing the manner in which powers of the
19township shall be carried out, and generally regulating the

1affairs of the township. All such proposed ordinances, unless
2otherwise provided by law, shall be published at least once in
3one newspaper of general circulation in the township not more
4than sixty days nor less than seven days prior to passage.
5Publication of any proposed ordinance shall include either the
6full text thereof or the title and a brief summary prepared by
7the township solicitor setting forth all the provisions in
8reasonable detail and a reference to a place within the township
9where copies of the proposed ordinance may be examined. If the
10full text is not included a copy thereof shall be supplied to a
11newspaper of general circulation in the township at the time the
12public notice is published. If the full text is not included an
13attested copy thereof shall be filed in the county law library
14or other county office designated by the county commissioners
15who may impose a fee no greater than that necessary to cover the
16actual costs of storing said ordinances. Filing with the county 
17may be completed by the submission of an electronic copy of the 
18ordinance through a method available, in the sole discretion of 
19the county, to permit receipt by the office storing municipal 
20ordinances. Upon request by the township, the county shall 
21notify the township of the method by which electronic copies may 
22be submitted. The county may store the ordinance electronically, 
23provided that the public is able to access the electronically 
24stored township ordinances during regular business hours at the 
25office or at a remote location. The township shall retain a 
26printed copy of the e-mail and ordinance as transmitted. The 
27date of such filing shall not affect the effective date of the 
28ordinance, the validity of the process of the enactment or 
29adoption of the ordinance. In the event substantial amendments
30are made in the proposed ordinance or resolution, upon

1enactment, the board shall within ten days readvertise in one
2newspaper of general circulation in the township, a brief
3summary setting forth all the provisions in reasonable detail
4together with a summary of the amendments. In any case in which
5maps, plans or drawings of any kind are adopted as part of an
6ordinance, the commissioners may, instead of publishing the same
7as part of the ordinance, refer, in publishing the ordinance, to
8the place where such maps, plans or drawings are on file and may
9be examined. No ordinance, or resolution of a legislative
10character in the nature of an ordinance, shall be considered in
11force until the same is recorded in the ordinance book of the
12township. All township ordinances shall, within one month after
13their passage, be recorded by the township secretary in a book
14provided for that purpose, which shall be at all times open to
15the inspection of citizens. A failure to record within the time 
16provided shall not be deemed a defect in the process of the 
17enactment or adoption of such ordinance. The entry of the
18township ordinance in the ordinance book by the secretary shall
19be sufficient without the signature of the president of the
20board of commissioners or other person. Any and all township
21ordinances or portions thereof, the text of which prior to the
22effective date of this amendment shall have been attached to the
23ordinance book, shall be considered in force just as if such
24ordinances or portions thereof had been recorded directly upon
25the pages of such ordinance book: Provided, That all other
26requirements of this act applicable to the enactment, approval,
27advertising and recording of such ordinances or portions thereof
28were complied with within the time limit prescribed by this act.

29(b) Whenever any township shall have caused to be prepared a
30consolidation, codification or revision of the general body of

1township ordinances, or the ordinances on a particular subject,
2the board of township commissioners may adopt such
3consolidation, codification or revision as an ordinance of the
4township, in the same manner that is now prescribed by law for
5the adoption of township ordinances, except as hereinafter
6provided.

7Any such consolidation, codification or revision of township
8ordinances to be enacted as a single ordinance shall be
9introduced in the board of township commissioners at least
10thirty days before its final enactment, and at least fifteen
11days before its final enactment, notice of the introduction of
12any consolidation, codification or revision, specifying its
13general nature and listing its table of contents, shall be given
14by advertisement in a newspaper of general circulation in said
15township.

16When any such consolidation, codification or revision has
17been enacted as an ordinance, it shall not be necessary to
18advertise the entire text thereof, but it shall be sufficient in
19any such case, to publish a notice stating that such
20consolidation, codification or revision, notice of the
21introduction of which had previously been given, was finally
22enacted.

23The procedure set forth in this section for the
24consolidation, codification or revision of township ordinances
25as a single ordinance may also be followed in enacting a
26complete group or body of ordinances, repealing or amending
27existing ordinances as may be necessary, in the course of
28preparing a consolidation, codification or revision of the
29township ordinances, except that in such case the advertisement
30giving notice of the introduction shall list, in lieu of a table

1of contents, the titles only of each of the ordinances in such
2complete group or body of ordinances, and the notice following
3enactment shall simply state that such group or body of
4ordinances was passed finally.

5(c) Complaint as to the legality of any ordinance or
6resolution may be made to the court. In cases of the laying out
7of streets over private property the court shall have
8jurisdiction to review the propriety as well as the legality of
9the ordinance.

10(d) Any ordinance may be adopted by reference to a standard
11or nationally recognized code, or to parts thereof, determined
12by the board, or the provisions of the ordinance may be supplied
13by reference to a typed or printed code, prepared under the
14direction of or accepted by the board, or the provisions may
15consist of a standard or nationally recognized code, or parts
16thereof, and also further provisions typed or printed as
17aforesaid: Provided, however, That no portion of any code which
18limits the work to be performed to any type of construction
19contractor, or labor or mechanic classification shall be
20adopted.

21Publication of such code, or amendments thereto, in full
22shall not be required, but it shall be sufficient compliance
23with this act, in such publication as is required, to set forth
24briefly the substance of such proposed code and to give notice
25of the place where such code is on file and may be examined. Not
26less than three copies of such code, portion, or amendment which
27is incorporated or adopted by reference, shall be filed with the
28secretary of the township at least ten days before the board
29considers the proposed ordinance and upon enactment kept with
30the ordinance book, and available for public use, inspection and

1examination.

2Any ordinance adopted by reference to any code shall be
3enacted within sixty days after it is filed with the secretary
4of the township and, in the case of a standard or nationally
5recognized code, shall encompass the provisions of the code
6effective as of the code date stated in the ordinance.

7Any township that has adopted any standard or nationally
8recognized code by reference may adopt subsequent ordinances
9which incorporate by reference any subsequent changes thereof,
10properly identified as to date and source, as may be adopted by
11the agency or association which promulgated the code.

12Any ordinances which incorporate code amendments by reference
13shall become effective after the same procedure and in the same
14manner as is herein specified for original adoption of any such
15code.

16* * *

17Section 2. This act shall take effect in 60 days.