PRINTER'S NO. 2927
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2073
Session of
2019
INTRODUCED BY MOUL, JAMES, EVERETT, FREEMAN AND SAPPEY,
NOVEMBER 20, 2019
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, NOVEMBER 20, 2019
AN ACT
Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
"An act concerning townships of the first class; amending,
revising, consolidating, and changing the law relating
thereto," in preliminary provisions, further providing for
definitions, for excluded provisions, for construction of act
generally, for construction of references, for how act
applies and for saving clauses where class of townships
changed, repealing provisions relating to exception as to
taxation and further providing for legal advertising; in
classification and creation of townships of the first class,
further providing for article heading and for provisions
relating to classification, repealing provisions relating to
enrollment to ascertain population, providing for creation of
townships of the first class from townships of the second
class, repealing provisions relating to proclamations by
county commissioners, to submission of question to voters, to
returns of election and effect thereof, to ascertainment of
population and to submission of question to voters and
returns of election and effect thereof, providing for
reestablishment of townships of the second class, further
providing for subdivision heading, providing for
consolidation or merger, further providing for officers for
new townships, repealing provisions relating to election of
commissioners in new townships and to election of tax
collector in new townships, further providing for certificate
of creation of township and providing for change of name of
township of first class; repealing provisions relating to
change of name of township of first class; in townships lines
and boundaries, further providing for stream boundaries, for
establishment of boundaries, for petition to court and
commissioners' report, for exceptions and procedure, for
monuments, for compensation and expenses of commissioners and
cost and for adjustment of indebtedness; in wards, further
providing for creation, division and redivision of wards,
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providing for petition of electors, repealing provisions
relating to filing and confirmation of report and exceptions,
providing for county board of elections, repealing provisions
relating to compensation of commissioners, to election
districts and to numbering of wards, further providing for
schedule for election of commissioners in townships first
divided into wards and for schedule of election of
commissioners in newly created wards and providing for
Pennsylvania Election Code; in election of officers and
vacancies in office, further providing for eligibility, for
hold until successors qualified and for elected officers
enumerated, repealing provisions relating to commissioners,
to tax collector, to assessors, to auditors and to controller
and further providing for vacancies in general; in general
provisions relating to township officers, further providing
for oath, for bonds, for compensation, for removal of
township officers and appointees and for annuities in lieu of
joining pension or retirement system, repealing provisions
relating to county associations of township officers, further
providing for formation of State association authorized,
repealing provisions relating to delegates from townships,
providing for authorization to attend annual meetings and
educational conferences, further providing for expenses of
delegates paid by townships, repealing provisions relating to
expenses of annual meeting and to conferences, institutes and
schools, providing for provisions relating to county
associations of township officers, further providing for
subdivision heading, for appointments of police and firemen,
for civil service commission created, appointments and
vacancies, for offices incompatible with civil service
commissioner, for organization of commission and quorum, for
clerks and supplies, for rules and regulations, for minutes
and records, for investigations, for subpoenas, for annual
report, for general provisions relating to examinations, for
application for examination, for rejection of applicant and
hearing, for eligibility list and manner of filling
appointments, for age and applicant's residence, for
probation period, for provisional appointments, for
promotions, for physical and psychological medical
examinations, for removals, for hearings on dismissals and
reduction, for present employees exempted, for discrimination
on account of political or religious affiliations and for
penalty, repealing provisions relating to salaries of civil
service commission and further providing for police force and
fire apparatus operators defined; in township commissioners,
further providing for organization and failure to organize,
for monthly meetings, quorum and voting, for compensation and
for reports to auditors; in appointed township treasurer,
further providing for township treasurer, for treasurer's
bond, for treasurer's duties, for use of special funds and
penalty and for depositories of township funds; in tax
collector, further providing for powers and duties of tax
collector; in township secretary, further providing for
election of secretary and salary, for assistant secretary,
for duties and penalty and for records open to inspection; in
auditors, providing for subarticle heading, further providing
for meetings, general duties and compensation, providing for
compensation, further providing for subpoenas, power to
administer oaths and penalty, for surcharges, auditors'
report and publication of financial statements, for canceling
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orders, for penalty for failure to perform duty and for
employment and compensation of attorney, providing for
surcharge by auditors, further providing for balances due to
be entered as judgments, for collection of surcharges, for
appeals from report, for appeal bond and for consolidation of
appeals, repealing provisions relating to testimony and
argument, to framed issues and to prima facie evidence,
further providing for judgment and for cost, repealing
provisions relating to appeals, further providing for counsel
fees and providing for provisions relating to appointed
independent auditor; in controller, further providing for
oath and bond of controller, for salary of controller, for
general powers and duties of controller, may require
attendance of witnesses and penalty, for controller to
countersign warrants, for controller to prevent appropriation
over drafts, for amount of contracts to be charged against
appropriations, for management and improvement of township
finances, for books to be kept by controller, for appeals
from controller's report, bond and procedure on appeal and
for controller to retain books, documents, et cetera and
pending appeals; in township solicitor, further providing for
election and vacancies, repealing provisions relating to bond
and further providing for solicitor to have control of law
matters and for duties of solicitor; in township engineer,
further providing for election of township engineer, term and
filling of vacancies, repealing provisions relating to bond,
further providing for control of engineering matters, for
duties and preparation of plans, for certificate of
commencement and of completion of municipal improvements and
for surveys and repealing provisions relating to real estate
registry; providing for township manager; providing for
veterans' affairs; in police, further providing for
appointment, compensation and training of policemen,
providing for special fire police, further providing for
chief of police and other officers, for powers of policemen,
for service of process and fees and for supervision of
police, repealing provisions relating to keepers to receive
prisoners, further providing for badge, for not to receive
fees, for establishment of police pension fund and management
and for private police pension funds and optional transfers,
repealing provisions relating to minimum service for
retirement, to retirement allowance, to general funds of
township not liable, to township appropriations, gifts and
management, to reasons for denying retirement allowance and
to annuity contracts in lieu of police pension fund and
further providing for school crossing guards; in corporate
powers, further providing for suits and property, providing
for real property, for personal property, for exceptions, for
surcharge from sale or lease and for general powers, further
providing for corporate powers of a township, providing for
officers, positions and departments, for police force, for
lockup facilities, for rewards, for disorderly conduct, for
public safety, for fire protection, for building and housing
regulations, for numbering buildings, for regulation of
business, for nuisances and dangerous structures, for
municipal waste, for fireworks and inflammable articles, for
smoke regulations, for prohibition of fire producing devices
and smoking, for animals, for regulation of foundations,
party walls and partition fences, for ambulances and rescue
and lifesaving services, for display of flags, for health and
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cleanliness regulations, for public facilities, for hospital
appropriations, for community nursing services, for parking
and parking lots, for appropriations for certain streets, for
airports, for appropriations for airports, for purchase and
planting of trees, for intergovernmental cooperation, for
widening and deepening of watercourses, for regulation of
charges, for street, sewer, sidewalk, etc. and regulations,
for capital reserve fund, for operating reserve fund, for
surplus foods, for industrial promotions, for nondebt revenue
bonds, for historical properties, for insurance, for
appropriations for urban common carrier mass transportation,
for open burning, for community development, for observances
and celebrations, for building hospitals, for tourist
promotion agencies, for sale of real or personal property to
nonprofit medical service corporation, for sale of real or
personal property to nonprofit housing corporation, for
nonprofit art corporations, for neighborhood crime watch
programs, for drug and alcohol abuse programs, for watershed
associations, for emergency services, for mines and quarries,
for conservation district, for electricity and for storm
water and further providing for typewritten, printed,
photostated and microfilmed records valid and recording or
transcribing records; providing for real estate registry; in
public health, repealing a subarticle heading, further
providing for appointment of boards of health and health
officers, for members of board, terms and secretary, for
organization of board, salary of secretary, bonds, fees and
penalties and power to administer oaths, for duties of
secretary, for duties of health officer, for powers of board
of health, for entry of premises, for inspections, for budget
and appropriations, for cooperation in health work and for
powers of Secretary of Health and repealing provisions
relating to expenses incurred by board or Secretary of
Health, to suits by State Secretary of Health to recover
expenses, to payment of expenses recovered into State
Treasury and provisions relating to vacation of streets
declared nuisances by board of health; in finance and
taxation, further providing for fiscal year, annual budget
and regulation of appropriations, for amending budget and
notice, for committee to prepare uniform forms and for
appropriations not to be exceeded and changes in
appropriations, repealing provisions relating to certain
contracts invalid, to power to create indebtedness, sinking
fund and temporary indebtedness and to sinking fund and
regulations and investments and further providing for
investment of township funds, for indebtedness and orders of
previous years, for disbursements to pay indebtedness, for
tax levies, for additions and revisions to duplicates, for
tax rates to be expressed in dollars and cents, for special
levies to pay indebtedness and for delivery of duplicates; in
contracts, further providing for power to make contracts, for
general regulations concerning contracts, for evasion of
advertising requirements, for bonds for protection of labor
and materialmen, for purchase contracts for petroleum
products, fire company, etc. and participation, for separate
specifications for branches of work and for workmen's
compensation insurance, repealing provisions relating to
engineers and architects not to be interested in contracts
and to minimum wages under contracts and further providing
for penalty for personal interest in contracts; in eminent
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domain, assessment of damages and benefits, repealing
subdivision heading, further providing for exercise of
eminent domain and for restrictions as to certain property,
providing for declaration of intention, further providing for
value of land or property not to be assessed as benefits and
exceptions and for title acquired and repealing provisions
relating to procedure for the exercise of eminent domain and
for the assessment of damages and benefits; in streets and
highways, repealing subdivision heading, providing for
definitions, for township street plan and for certain streets
declared public streets, repealing subdivision heading,
further providing for power to lay out, open, widen, vacate,
et cetera, for burial grounds, et cetera, saved and for
notice of hearing, repealing provisions relating to draft and
report, to exceptions to report, to appointment of viewers
and to notices to be posted along improvement, providing for
petition for opening, etc. and for notice of petition,
further providing for width of public roads, for opening and
repairing roads and for detours, repealing provisions
relating to laying out roads under the general road law,
providing for street connecting with street of another
municipal corporation, repealing subdivision heading and
provisions relating to scope of subdivision, further
providing for plans of dedicated streets, repealing
provisions relating to appeals where commissioners refuse
approval, to no responsibility on township where plans not
approved, to entry of lands, to penalty and to powers of
State and counties preserved, providing for powers of State
and counties preserved, for exclusive nature of provisions,
for failure of board of commissioners to hold hearing, for
entry on land to maintain marks and monuments and for bike
paths, repealing subdivision heading, further providing for
agreements to relocate, alter and vacate streets in or near
State parks, repealing provisions relating to agreement to be
filed in court and effect of filing, to altered and relocated
streets declared township streets, to assessment of damages
and to elimination of curves and repealing subdivision
headings, further providing for improving or vacating streets
by agreement, repealing subdivision heading, further
providing for proceedings on petition, repealing provisions
relating to grading restrictions, to notice, to contents of
notice, to appeals from ordinance, to assessment of damages
and benefits by viewers, to assessments to bear interest and
collection, to grading, draining, curbing, paving or
macadamizing streets or highways and collection of cost by
foot front rule and to road material, ditches, drains and
watercourses, providing for power to open drains and ditches,
repealing a subdivision heading, further providing for
provisions relating to trees, shrubbery and obstructions
within limits of streets or highways, repealing a subdivision
heading, further providing for provisions relating to
protection of streets and highways from snowdrifts, repealing
a subdivision heading and provisions relating to duty to
erect, providing for naming of streets and for street
lighting, ornamental lighting and traffic control signals and
devices, further providing for penalty for destroying,
repealing a subdivision heading, further providing for
railroad crossings and for street permits, repealing a
subdivision heading, further providing for provisions
relating to county aid in the improvement of township
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streets, repealing provisions relating to penal provisions
and to opening, making, amending and repairing streets and
bridges by contracts with taxpayers and providing for
boundary streets, for streets, the center line of which is
the boundary between a township and another municipal
corporation, for streets having more than half of their width
within township and for assessment for improvements on
property outside limits where street entirely within
township; repealing provisions relating to boundary roads and
streets; in bridges and viaducts, further providing for
article heading, repealing subdivision heading, further
providing for provisions relating to bridges and viaducts as
part of street, repealing a subdivision heading and
provisions relating to power to construct, further providing
for maintenance, repealing provisions relating to bridges and
viaducts over marshy or swampy grounds, creeks, rivulets,
gullies, canals and railroads and a subdivision heading,
further providing for bridges on division line of townships
and repealing provisions relating to bridges between
townships and municipalities, to bridges over railroad or
canal and to maintenance, repair and rebuilding of bridges
built by county; in sidewalks, further providing for power to
lay out, ordain and establish grades, for width, for paving
and curbing sidewalks and for repair of sidewalks and
providing for emergency repairs; in sewers and drains,
further providing for article heading, for power to establish
and construct sewers and drains, require connections and
sewer rentals and for sewer and drainage systems, constructed
by any municipality authority, connection by owners and
enforcement, providing for notice of contemplated
construction, further providing for location of sewers on
private property and for treatment works and facilities
therefor, repealing provisions relating to entry on lands to
mark sewer routes and damages and to enforcement of judgment
for damages, further providing for cost of construction and
how paid, for sewer districts and for manner of assessment,
repealing provisions relating to procedure for assessment of
benefits, to lien for assessments and costs of proceedings
and to assessment of property outside limits of townships for
sewers, further providing for provisions relating to
acquisition of sewer system from private interests and
distribution of costs, to contracts with individuals or
corporations for construction and maintenance of sewer and
drainage systems, to sewers and drains in streets or highways
or over private property and assessment of cost of
construction according to benefits and for consent necessary,
repealing provisions relating to assessment of cost, further
providing for subdivision heading and for connection by
agreement or petition and appointment of viewers, repealing
provisions relating to notice of contemplated construction
and protests by property owners, further providing for
subdivision heading and for building joint sewers, repealing
provisions relating to State permit and a subdivision
heading; repealing provisions relating to collection by
installment of the cost of street, curb, sidewalk and sewer
improvements; providing for assessments for public
improvements; providing for assessments, for public
improvements; repealing provisions relating to revolving fund
for street and sewer improvements; in water supply and
waterworks, further providing for article heading and for
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contract with water companies and municipality and
development of own water supply, providing for public utility
law saved and for rates, further providing for State permit,
for occupation of highways and for property damages and bond
by township, repealing provisions relating to appointment of
viewers, further providing for water districts and
application of taxpayers and for connection to water supply
system, repealing provisions relating to connection to water
supply system of municipality authorities, further providing
for cost of connection and where payable and for default in
payment of installment, repealing provisions relating to
entry of liens and further providing for subdivision heading,
for joint maintenance of works with municipality, for State
permits and for commission of waterworks; in manufacture and
sale of electricity, further providing for manufacture and
sale of electricity, for may regulate use and prices, for
sale of hydroelectric generating facilities, for construction
or purchase of hydroelectric generating facilities and for
submission to electors; in public buildings, further
providing for town hall, for unloading and warehouses, for
appropriation of property, for ordinance of commissioners,
for assessment of damages and for use of public lands
acquired for other purposes; in licenses and licenses fees,
further providing for provisions relating to transient retail
merchants, for agents for licensed dealers not to be
licensed, for insurance agents and brokers not to be licensed
and for license fees on residents not to exceed those on
nonresidents; in parks, recreation centers, shade trees and
forests, further providing for acquisition of lands and
buildings, for creation of recreation board, for composition
of park or recreation boards, for organization of park or
recreation boards and powers and duties delegated to the
board by the commissioners, for maintenance and tax levy, for
joint ownership and maintenance, for issue of bonds, for
right of establishment, for personnel of commission,
appointment, terms and vacancies, for powers may be vested in
park commission, for general powers of commission, for hiring
of employees and legislative power of commission, for report
of commission, for notice of commission's activities and
planting or removal of shade trees, for landholders liability
for costs and for removal of diseased trees, repealing
provisions relating to assessments liens, further providing
for maintenance by township and funds for and for penalties,
repealing provisions relating to disposition of penalties,
further providing for right of acquisition of forest lands,
repealing provisions relating to approval of Department of
Forests and Waters and further providing for ordinance and
notice, for appropriation for acquisition, for rules and
regulations, for appropriation for maintenance, for use of
township forests, for ordnance of sale and for appropriation
of money to forestry organizations; in land subdivision,
repealing article heading; in zoning, repealing article
heading; in Uniform Construction Code, Property Maintenance
Code and reserved powers, further providing for changes in
Uniform Construction Code, for property maintenance code and
for reserved powers; in township planning commission,
repealing article heading; repealing provisions relating to
enforcement of ordinances; providing for ordinances; in
actions by and against townships, further providing for
recovery of municipal claims by suit; and, in repeals,
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further providing for provisions relating to repeals and
repealing provisions relating to inconsistent repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 102, 103, 104, 106, 107 and 108 of the
act of June 24, 1931 (P.L.1206, No.331), known as The First
Class Township Code, are amended to read:
Section 102. Definitions.--The following words, terms and
phrases, as used in this act, shall have the [meanings herein
assigned to them] following meanings unless the context clearly
indicates otherwise[.
(a) "Township," a township of the first class.
(b) "Street" includes a street, road, lane, alley, court, or
public square.
(c) "Highway" or "State highway," a road or highway of the
State highway system.]:
"Board of commissioners." The board of township
commissioners of a township of the first class.
"Highway." A road or highway of the State highway system.
"Individual." A natural person.
"Municipal authority" or "municipality authority." A body
politic and corporate created under 53 Pa.C.S. Ch. 56 (relating
to municipal authorities).
"Municipal corporation." A city, borough, incorporated town,
township of the first or second class or any home rule
municipality other than a county.
"Municipality." A county, city, borough, incorporated town,
township of the first or second class or any home rule
municipality.
"Pennsylvania Municipalities Planning Code." The act of July
31, 1968 (P.L.805, No.247), known as the "Pennsylvania
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Municipalities Planning Code."
"Person." Includes a natural person, corporation,
partnership, limited liability company, business trust, other
association, government entity other than the Commonwealth,
estate, trust or foundation.
"Street." Includes a street, road, lane, alley, court or
public square.
"Township." A township of the first class.
Section 103. Excluded Provisions.--This act does not include
any provisions, and shall not be construed to repeal any act,
relating to:
(a) The assessment and valuation of property and persons for
the purposes of taxation and collection of taxes [and the
collection of municipal claims by liens;], except as provided
herein;
(a.1) The collection of municipal claims by liens;
(b) The method of incurring or increasing bonded
indebtedness;
(c) [Election officers and the general conduct] Conduct of
elections;
(d) Public schools and school districts;
(e) [Constables;] The powers and duties of constables ;
(f) [ Justices of the peace;] Magisterial district judges;
(g) State [roads] highways and private roads;
(g.1) Any of the provisions of 75 Pa.C.S. (relating to
vehicles);
(h) Validation of elections, bonds, ordinances, and acts of
corporate officers;
(i) [Free non-sectarian libraries;] Any of the provisions of
24 Pa.C.S. Ch. 93 (relating to public library code);
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(j) Crimes and offenses provided for in [the Penal Code.] 18
Pa.C.S. (relating to crimes and offenses);
(k) Any law relating to the giving of municipal consent to
public utilities.
Section 104. Construction of Act Generally.--(a) The
provisions of this act so far as they are the same as those of
[existing] laws in effect prior to June 24, 1931 are intended as
a continuation of [such] laws in effect prior to June 24, 1931
and not as new enactments. The repeal by this act of any act of
Assembly, or part thereof, shall not revive any act, or part
thereof, [heretofore] repealed or superseded prior to June 24,
1931, nor affect the existence of class of any township
[heretofore] created prior to June 24, 1931. The provisions of
this act shall not affect any act done, liability incurred, or
right accrued or vested, or affect any suit or prosecution,
pending or to be instituted, to enforce any right or penalty or
punish any offense under the authority of [such] the repealed
laws. All ordinances, resolutions, regulations, and rules, made
pursuant to any act of Assembly repealed by this act, shall
continue with the same force and effect as if [such] the act had
not been repealed. Any person, holding office under any act of
Assembly repealed by this act, shall continue to hold [such]
office until the expiration of the term thereof, subject to the
conditions attached to [such] the office prior to [the passage
of this act] June 24, 1931.
(b) The board of commissioners shall have the corporate
powers and duties and township officials shall have the powers
and duties not only as set forth in this act but also as
provided in other laws to the extent that the powers and duties
are not repealed by this act.
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Section 106. Construction of References.--Whenever, in this
act, reference is made to any act by title or otherwise, such
reference shall also apply to and include any codification
wherein the provisions of the act referred to are substantially
reenacted.
Section 107. How Act Applies.--This act shall apply to all
townships of the first class within the Commonwealth[, as now
existing or hereinafter created.] existing on June 24, 1931, or
created thereafter.
Section 108. Saving Clauses Where Class of [Townships]
Township Changed.--[Whenever any] If a township of the second
class is designated a township of the first class, or [whenever
any] if a township of the first class is reestablished as a
township of the second class, all liabilities incurred, rights
accrued or vested, obligations issued or contracted, and all
suits and prosecutions pending or to be instituted to enforce
any right or penalty accrued or to punish any offense
committed[, prior to such] before the change of class, and all
ordinances, resolutions, rules and regulations shall continue
with the same force and effect as if no [such] change had been
made.
Section 2. Section 109 of the act is repealed:
[Section 109. Exception as to Taxation.--This act does not
provide for the assessment and valuation of property and persons
for the purposes of taxation or the collection of township
taxes.]
Section 3. Section 110, Article II heading and section 201
of the act are amended to read:
Section 110. Legal Advertising.--(a) Whenever, under the
provisions of this act, notice is required to be published in
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one [newspaper, such] or more newspapers, the publication shall
be made in a newspaper of general circulation, as defined [by
the Newspaper Advertising Act, approved May sixteenth, one
thousand nine hundred and twenty-nine (Pamphlet Laws, one
thousand seven hundred eighty-four)] in 45 Pa.C.S. § 101
(relating to definitions), printed in the township, if there is
such a newspaper, and, if not, then in a newspaper circulating
generally in [such] the township. [If such notice is required to
be published in more than one newspaper, it shall be published
in at least one newspaper of general circulation, defined as
aforesaid, printed, if there be such a newspaper, or circulating
generally as above provided in the township. When such]
(b) Unless dispensed with by special order of court, if the
notice relates to any proceeding or matter in any court, or the
holding of an election for the increase of indebtedness, or the
issue and sale of bonds to be paid by taxation, [such] the
notice shall also, in counties of the second, third, fourth and
fifth classes, be published in the legal newspaper of the
county, if any, designated by the rules of court [of the proper
county for the publication of legal notices and advertisements,
unless such publication be dispensed with by special order of
court: Provided, however, That ordinances,]. Ordinances,
auditors' statements, summaries of auditors' statements,
advertisements inviting proposals for public contracts and for
bids for materials and supplies, or lists of delinquent
taxpayers, shall be published only in newspapers of general
circulation[, defined as aforesaid].
ARTICLE II
CLASSIFICATION [AND CREATION OF TOWNSHIPS
OF THE FIRST CLASS], CREATION, REESTABLISHMENT
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AND CHANGE OF NAME OF TOWNSHIPS
Section 201. Classification of Townships.--The townships now
in existence and those to be [hereafter] created are divided
into two classes [Townships]: townships of the first class and
townships of the second class. A township of the first class
shall be [those] a township having a population of at least
[three hundred] 300 inhabitants to the square mile[, which have
heretofore fully organized and elected their officers and are
now functioning as townships] and is functioning as a township
of the first class on June 24, 1931, or [which may hereafter be
created townships] that may created after June 24, 1931 as a
township of the first class in the manner provided in this act.
[All townships, not townships of the first class, shall be
townships] A township that is not a township of the first class
or a home rule municipality shall be classified as a township of
the second class. A change from one class to the other shall
[hereafter] be made only as provided by this act or the laws
relating to townships of the second class.
Section 4. Section 205 of the act is repealed:
[Section 205. Enrollment to Ascertain Population.--At any
time not less than one year before the time fixed for taking a
decennial census of the United States, whenever the owners of
twenty-five per centum of the assessed valuation of the real
estate of any township of the second class shall present their
petition to the court of quarter sessions, averring that the
population of the township is at least three hundred inhabitants
to the square mile, and shall give such security as the court
may prescribe for the payment of all costs and expenses which
may be incurred in any procedure had upon said petition, the
court shall appoint a commissioner to perform the duties
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hereafter prescribed.
The said commissioner shall make an enrollment of the
inhabitants of such township, and make report thereof to the
court at the next ensuing term. Upon the filing of the report,
the same shall be confirmed nisi, which confirmation shall
become absolute unless excepted to within thirty days
thereafter, during which time notice of the said filing and
confirmation shall be advertised in a newspaper of general
circulation, once a week for three weeks. If exceptions are
filed to the report within the said thirty days, the court, upon
consideration thereof, shall confirm the report or modify the
said finding. After final confirmation, the clerk of the court
shall certify to the county commissioners and to the township
supervisors of the township the population of the township as
shown by said proceedings. The costs and expenses of the
proceedings, including a reasonable fee for the commissioner and
attorney, shall be paid by the petitioners or by the township,
or partly by each, as the court shall direct.]
Section 5. The act is amended by adding a section to read:
Section 205.1. Creation of Townships of the First Class from
Townships of the Second Class.--At any time, a township of the
second class may be established as a township of the first class
as follows:
(1) A township of the second class may only become a
township of the first class if the township of the second class
has a population density of three hundred or more inhabitants to
the square mile. The population density shall be determined from
the most recent census data as made available by the United
States Census Bureau, whether it is from the decennial census,
special census or from the Population Estimates Program.
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(2) The board of supervisors of the township of the second
class on its own initiative may, or within fifteen days after
the receipt of a petition signed by at least five percent of the
electors of the township of the second class shall, pass a
resolution and record it on its minutes, submitting the question
of whether the township of the second class shall be established
as a township of the first class to the electors of the township
of the second class. The petition and resolution shall include
the population density of the township of the second class.
(3) At the next primary, general or municipal election
occurring at least ninety days after the passage of the
resolution, the question under paragraph (2) shall be submitted
to the electors of the township. The county board of elections
shall place the question of establishing a township of the first
class on the ballot in accordance with the act of June 3, 1937
(P.L.1333, No.320), known as the "Pennsylvania Election Code."
(4) The election officers shall compute the votes cast at
the election and certify the votes to the county board of
elections. The county board of elections shall compute the votes
cast and certify the result to the county commissioners, the
board of supervisors of the township of the second class and the
clerk of the court of common pleas. If a majority of the votes
cast at the election are in favor of becoming a township of the
first class, the government of the township of the first class
shall be organized and become effective on the first Monday of
January after the election. When the township of the first class
is organized and becomes effective, the terms of the officers of
the township of the second class shall cease and the officers
appointed by the court for the township under section 225 shall
take office. If a majority of the votes cast at the election are
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in favor of remaining a township of the second class, no further
proceedings may be initiated for a period of two years from the
date of the election.
Section 6. Sections 206, 207, 208, 209 and 209a of the act
are repealed:
[Section 206. Proclamations by County Commissioners.--In
addition to the procedure provided in the preceding section, the
county commissioners of each county shall, following each
decennial census of the United States, ascertain from such
census whether any township of the second class in the county
has a population of three hundred inhabitants to the square
mile, and shall immediately certify the fact that any township
has a population of three hundred inhabitants to the square mile
to the township supervisors of the township.
Section 207. Submission of Question to Voters.--At the first
general or municipal election occurring at least ninety days
after the ascertainment, by special enrollment or from the last
preceding United States census, that any township of the second
class has a population of at least three hundred inhabitants to
the square mile, and after a petition signed by at least five
per centum of the registered voters of the township has been
filed in the quarter sessions court, the question whether such
township of the second class shall become a township of the
first class shall be submitted to the voters of the township,
and the county board of elections shall cause to be printed on
separate ballots, to be used in such township at such election,
a proper question framed in accordance with the Pennsylvania
Election Code.
Section 208. Returns of Election and Effect Thereof.--The
election officers shall compute the votes cast at the election
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provided for in the preceding section and make return thereof to
the clerk of the court of quarter sessions, who shall tabulate
the same and certify the result thereof to the county
commissioners and the township supervisors of such township. If
a majority of the votes cast at any such election shall be in
favor of becoming a township of the first class, the government
of the township of the first class shall be organized and become
operative on the first Monday of January next succeeding such
election, at which time the terms of the officers of the
township of the second class shall cease and terminate. If a
majority of the votes cast at any such election shall be in
favor of remaining a township of the second class, no further
proceedings shall be had for a period of two years, after which
period the supervisors, by unanimous action, may, or, upon
petition of ten per centum of the registered voters of the
township, shall, through the County Board of Elections, resubmit
the question to the electors of the township in the manner
hereinbefore provided.
Section 209. Ascertainment of Population.--At any time, not
less than one year before the time fixed for taking a decennial
census of the United States, whenever the owners of twenty-five
per centum of the assessed valuation of the real estate of any
township of the first class shall present their petition to the
court of quarter sessions averring that the township no longer
has a population of three hundred inhabitants to the square
mile, and shall give such security as the court may prescribe
for the payment of all costs and expenses which may be incurred
in any procedure had upon said petition, the court shall appoint
a commissioner to perform the duties hereafter prescribed.
The said commissioner shall make an enrollment of the
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inhabitants of such township and make report thereof to the
court at the next ensuing term. Upon the filing of the report
the same shall be confirmed nisi, which confirmation shall
become absolute unless excepted to within thirty days
thereafter, during which time notice of the said filing and
confirmation shall be advertised in a newspaper of general
circulation once a week for three weeks. If exceptions are filed
to the report within the said thirty days, the court, upon
consideration thereof, shall confirm the report or modify the
said finding. After final confirmation, the clerk of the court
shall certify to the county commissioners and to the township
supervisors of the township the population of the township, as
shown by said proceedings. The costs and expenses of the
proceedings, including a reasonable fee for the commissioner and
attorney, shall be paid by the petitioners or by the township,
or partly by each, as the court shall direct.
In addition to the procedure provided in the preceding
paragraph, the county commissioners of each county shall,
following each decennial census of the United States, ascertain
from such census whether any township of the first class in the
county no longer has a population of three hundred inhabitants
to the square mile, and shall immediately certify the fact that
any township no longer has a population of three hundred
inhabitants to the square mile to the board of commissioners of
the township.
Section 209a. Submission of Question to Voters; Returns of
Election, and Effect Thereof.--At the first general or municipal
election occurring at least ninety days after the ascertainment
by special enrollment or from the last preceding United States
census, that any township of the first class no longer has a
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population of at least three hundred inhabitants to the square
mile, the question whether such township of the first class
shall be reestablished as a township of the second class shall
be submitted to the voters of the township, and the county board
of elections shall cause to be printed, on separate ballots to
be used in such township at such election, a proper question
framed in accordance with the election laws of the Commonwealth.
The election officers shall compute the votes cast at the
election provided for in the preceding paragraph and make return
thereof to the clerk of the court of quarter sessions, who shall
tabulate the same and certify the result thereof to the county
board of elections and the township commissioners of such
township. If a majority of the votes cast at any such election
shall be in favor of becoming reestablished as a township of the
second class, the government of the township of the second class
shall be organized and become operative on the first Monday of
January next succeeding such election, at which time the terms
of the officers of the township of the first class shall cease
and terminate. If a majority of the votes cast at any such
election shall be in favor of remaining a township of the first
class, no further proceedings shall be had for a period of four
years, after which period the board of township commissioners,
by unanimous action, may, or upon petition of ten per centum of
the registered voters of the township shall, through the county
board of elections, resubmit the question of the electors of the
township in the manner hereinbefore provided.]
Section 7. The act is amended by adding a section to read:
Section 209.1. Reestablishment of Townships of the Second
Class.--A township of the first class may, no sooner than five
years after becoming a township of the first class, be
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reestablished as a township of the second class as provided in
the act of May 1, 1933 (P.L.103, No.69), known as "The Second
Class Township Code."
Section 8. Subdivision (c) heading of Article II of the act
is amended to read:
(c) Creation of Townships of the First Class by Merger or
Consolidation
Section 9. The act is amended by adding a section to read:
Section 220. Consolidation or Merger.--A township may be
merged or consolidated into a new or existing municipal
corporation in accordance with 53 Pa.C.S. Ch. 7 Subch. C
(relating to consolidation and merger).
Section 10. Section 225 of the act is amended to read:
Section 225. Officers for New Townships.--[Whenever] (a) If
a new township of the first class [shall be created in
accordance with any of the procedures in this article, the court
of quarter sessions] is created from a township of the second
class pursuant to this article, the court of common pleas shall
appoint [five commissioners, and the other elective officers to
which the township is entitled, and fix the polling place or
places in such township. The] the elective officers for the new
township and determine the polling place or places in the new
township. The appointed officers [so appointed shall hold their
offices from the first Monday of January following the election
creating such township until the first Monday of January
following the municipal election at which officers of the
township are elected as hereinafter provided.] shall hold office
until the first Monday of January after the next municipal
election as provided in this act.
(b) At the first municipal election following the creation
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of a township as provided in section 205.1, if the township has
not been divided into wards, five township commissioners shall
be elected at large. Three of the commissioners shall be elected
for terms of four years each, and two for terms of two years
each, from the first Monday of January next following the
election. The ballots at the election shall designate the term
for which each commissioner is elected. Their successors shall
be elected for terms of four years in accordance with this act.
If the township has been divided into wards, the township
commissioners shall be elected as provided in section 407.
(c) At the first municipal election, a tax collector shall
be elected for a two or four year term so that the term shall
expire at the same time as the terms of tax collectors of other
townships of the first class under the provisions of this act.
Thereafter the term of tax collector of the township shall be
four years from the first Monday of January next following the
tax collector's election.
Section 11. Sections 226 and 227 of the act are repealed:
[Section 226. Election of Commissioners in New Townships.--
At the first municipal election following the creation of a
township as hereinbefore provided, if such township has not been
divided into wards, there shall be elected five township
commissioners at large. Three of such commissioners shall be
elected for terms of four years each, and two for terms of two
years each, from the first Monday of January next following such
election. The ballots at such election shall designate the term
for which each commissioner is elected. Their successors shall
be elected for terms of four years in accordance with this act.
Section 227. Election of Tax Collector in New Townships.--At
the municipal election, the qualified electors of a new township
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shall elect a tax collector for a two or four year term so that
the term shall expire at the same time as the terms of tax
collectors of other townships of the first class under the
provisions of this act. Thereafter the term of tax collector of
said township shall be four years from the first Monday of
January next following his election.]
Section 12. Section 235 of the act is amended to read:
Section 235. Certificate of Creation of Township.--[Whenever
a township of the first class is created, the clerk of the court
shall certify such creation to the Department of Community
Affairs and Department of Highways of the Commonwealth.] If a
township of the first class is created, the clerk of the court
shall certify to the Department of State, the Department of
Transportation, the Department of Community and Economic
Development and the county planning commission a copy of the
record constituting the charter of the township. The clerk of
the court [shall be allowed] may charge a fee of three dollars
and fifty cents [for his services] ($3.50), to be paid as part
of the costs of the proceedings.
Section 13. Article II of the act is amended by adding a
subdivision to read:
(f) Change of Name of Township of First Class
Section 240. Change of Name of Township.--(a) Upon petition
to the court of common pleas of at least 10% of the electors of
a township, or upon passage of a resolution by the board of
commissioners, seeking a change of the name of the township, the
court shall order a referendum on the question.
(b) If the court determines that the petition or resolution
for change of name of the township is in proper form and
properly executed, the original petition or resolution shall be
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filed with the clerk of the court. A copy of the petition or
resolution and order of the court shall be filed with the county
board of elections which shall frame the question to be
submitted to the electors at the next general or municipal
election which occurs at least 60 days after the court order.
(c) The election officers shall compute the votes cast on
the question and certify the votes to the clerk of the court of
common pleas who shall tabulate the votes and certify the
result. If a majority of the votes cast at the election are in
favor of the change of township name, the court shall so order
and shall order the record of the proceedings to be permanently
recorded. If a majority of the votes are against the change,
there shall be no further proceedings on the petition or
resolution.
Section 14. Article II.I of the act is repealed:
[ARTICLE II.I
CHANGE OF NAME OF TOWNSHIP OF FIRST CLASS
Section 2.201. Petition of Electors.--Upon petition to the
court of quarter sessions of at least ten per centum of the
registered electors of any township of the first class setting
forth that the inhabitants of the township desire to change the
name of the township, the court shall order an election to be
held on the next day appointed for the holding of a general,
municipal or primary election occurring at least ninety days
after the presentation of the petition, at which election the
question whether the name of the township shall be changed shall
be submitted to the voters of the township.
Section 2.202. Filing and Advertisement of Petition.--Upon
determination by the court that the petition for change of name
of the township is in proper form and properly executed, and the
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entry of the court order thereon, the original petition shall be
filed with the clerk of the court and a copy of the petition and
order of the court shall be filed with the county board of
elections which shall frame the proper question to be submitted
to the electors at the election ordered by the court. Notice of
the election shall be given in at least one newspaper of general
circulation of the proper county once a week for four
consecutive weeks, which shall set forth the time of the
election and the purpose thereof. The publication of the notice
shall be made on behalf of the petitioners in such form as the
court shall approve.
Section 2.203. Returns and Effect of Election.--The election
officers shall compute the votes cast on the question and make
return thereof to the clerk of the court of quarter sessions who
shall tabulate the same and certify the result thereof. If a
majority of the votes cast at any such election shall be in
favor of the change of township name, the court shall so order
and shall order the record of the proceedings to be permanently
recorded. If a majority of the votes were against the change,
there shall be no further proceedings on the petition.]
Section 15. Sections 301, 302, 303, 304, 305, 306, 307 and
401 of the act are amended to read:
Section 301. Stream Boundaries.--[Whenever any township is
bounded by the nearest margin of any navigable stream, and the
opposite township, borough, or city, as the case may be,] If a
township is bounded by the nearest margin of a navigable stream
and an opposite municipal corporation is also bounded by the
nearest margin of the same stream, the middle of [such] the
stream shall be the boundary between [such] the township and the
opposite [township, borough or city. Nothing contained in this
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section shall be construed to repeal any local or special law
providing to the contrary.] municipal corporation. This section
shall not repeal any local or special law.
Section 302. Petition to Court; Establishment of Disputed
Boundaries.--The [courts of quarter sessions] court of common
pleas may, upon the presentation of a petition signed by at
least fifty [freeholders,] residents of the township, [(a) alter
the lines of a township and any adjoining township, borough or
city so as to suit the convenience of the inhabitants thereof;
(b) cause the lines or boundaries of townships to be ascertained
and established; and (c)] ascertain and establish disputed lines
and boundaries between [two or more townships or between
townships and cities or boroughs. When any such] a township and
other municipal corporations. When a petition is presented, the
court may require the petitioners to file a bond in sufficient
sum to secure the payment of all costs of the proceeding.
Section 303. [Petition to Court; Commissioners'] Boundary
Commissioners; Report.--Upon application by petition, in
accordance with section 302, the court shall appoint three
impartial citizens as boundary commissioners, one of whom shall
be a registered professional surveyor or registered professional
engineer[, to inquire into the prayer of the petition. After
having given notice to parties interested]. After giving notice
to interested parties and upon publication of the petition, as
directed by the court, the boundary commissioners shall hold a
hearing and view the disputed lines or boundaries[; and they, or
any two of them,]. Prior to the hearing, the boundary
commissioners shall have a registered professional surveyor, not
appointed by the court as a boundary commissioner, survey the
disputed boundary line. The survey shall be reviewed by the
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boundary commissioners or a registered professional surveyor. A
majority of the boundary commissioners shall prepare a report[,
together with their opinion of the same, and accompany it with]
accompanied by a plot or draft of the lines and boundaries
proposed to be [altered or] ascertained and established if [the
same] they cannot be fully designated by natural lines or
boundaries. Upon the filing of [any such] the report, the same
shall be confirmed [nisi and] subject to exceptions filed under
section 304, and the court may, by its order, direct publication
of the report and require [such notice to be given by the
petitioners to the parties interested, as it deems proper.]
notice to be given by the petitioners to the interested parties
as the court deems proper.
Section 304. Exceptions and Procedure.--Exceptions to [any
such report may be filed by any person interested or political
subdivision within thirty days after the filing of the report,
and the court may thereupon fix a day for the hearing of such
exceptions, of which such notice shall be given as the court may
direct. After hearing, the court shall have power to sustain
such exceptions or to dismiss them and confirm the report, or
refer the report back to the same or new commissioners, with
like authority to make another report, on which like legal
proceedings may be had. Where no exceptions are filed within
thirty days after the filing of the report, the court shall
confirm the same absolutely. When any report is confirmed
absolutely, the court shall enter a decree altering or
ascertaining and establishing the lines and boundaries as shown
in said report.] the report may be filed by an interested person
or political subdivision within thirty days after the filing of
the report, and the court shall set a day for the hearing of the
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exceptions. Notice of the hearing shall be given as the court
may direct. After hearing, the court may sustain the exceptions,
dismiss the exceptions and confirm the report or refer the
report back to the same or new boundary commissioners with
authority to make another report. If no exceptions are filed
within thirty days after the filing of the report, the court
shall confirm the report absolutely. If a report is confirmed
absolutely, the court shall enter a decree ascertaining and
establishing the lines and boundaries as shown in the report.
The court shall direct publication of the decree establishing
the lines and boundaries.
Section 305. [Monuments.--Whenever any such township line or
boundary is altered or ascertained and established, the court
shall cause the same to be appropriately marked with stone
monuments placed at intervals not exceeding fifteen hundred
feet.] Boundary Monuments.--The court shall order that a
township line ascertained and established pursuant to this
article to be appropriately marked.
Section 306. Compensation and Expenses of Boundary
Commissioners; Cost.--The compensation and expenses of boundary
commissioners appointed to [alter or] ascertain and establish
township lines shall be in [the] a reasonable amount approved by
the court. The court shall, by its order, provide how the costs
and expenses of [any such proceeding] the proceedings, including
the furnishing and placing of monuments, shall be paid, and may
assess them against the petitioners, [any township or
municipalities interested, or any of them.] the township or any
interested municipal corporation, individually or in apportioned
amounts as the court deems equitable.
Section 307. Adjustment of Indebtedness.--[Whenever the
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boundaries of any township have been altered or ascertained and
established, the court of quarter sessions may adjust the taxes,
debts, and expenses for township, municipal and school purposes
between the townships, municipalities and school districts
affected.] If the boundaries of a township are ascertained and
established, the court of common pleas may adjust the taxes,
debts and expenses for township, municipal and school purposes
between the townships, municipal corporations and school
districts affected.
Section 401. Creation[, Division and Redivision of Wards.--
The court of quarter sessions, upon petition, may divide or
redivide any township, heretofore or hereafter created, into
wards, erect any wards out of two or more adjoining wards, or
parts thereof, consolidate two or more wards into one ward,
divide any wards already erected into two or more wards, or
alter the lines or boundaries of any two or more adjoining
wards, and may cause lines or boundaries of wards to be fixed
and established. No township shall be divided or redivided into
more than fifteen wards.] and Alteration of Wards.-- (a) In
addition to reapportionment initiated in accordance with 53
Pa.C.S. Ch. 9 (relating to municipal reapportionment) and
section 11 of Article IX of the Constitution of Pennsylvania,
the board of commissioners may, by ordinance, do any of the
following:
(1) Divide townships into wards.
(2) Create new wards out of two or more adjoining wards
or parts of wards.
(3) Consolidate two or more wards into one ward.
(4) Divide any ward already erected into two or more
wards.
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(5) Alter the lines of two or more adjoining wards.
(6) Cause the lines or boundaries of wards to be
ascertained or established.
(7) Abolish all wards.
(b) The following shall apply:
(1) No township may be divided or redivided into more
than 15 wards.
(2) No ward shall be created containing less than [three
hundred registered electors therein, and all wards which now,
or at any time hereafter shall, contain] 300 registered
electors.
(3) At the discretion of the board of commissioners, any
ward which contains less than [three hundred and fifty
registered electors therein may in the discretion of the
court be abolished, and if so abolished, the territory
thereof shall be distributed among the remaining wards in
such manner as the court of quarter sessions shall direct.
All other wards as heretofore established shall remain as
heretofore until altered or divided as provided in this
article: Provided, That if, in townships wherein any ward
shall be] 350 registered electors may be abolished, and the
territory of the ward may be merged into a contiguous
existing ward or wards. If two or more contiguous wards have
respective populations not meeting the population threshold
of 350 registered electors, the commissioners may consolidate
those contiguous wards into one ward. All other wards shall
remain as established until altered or divided as provided in
this article. The composition of the wards shall be subject
to subsection (d).
(c) If a ward is abolished [as herein provided,] under this
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section and the number of wards [shall be] in the township is
reduced to less than five, then the commissioner or
commissioners in the [ward or wards] abolished ward or wards
shall continue in office for the term for which elected, and
shall become a commissioner or commissioners at large from [such
township as provided in this act, with respect to townships
having less than five wards.] the township.
(d) All wards in the township shall be numbered and composed
of compact and contiguous territory as nearly equal in
population as practicable as officially and finally reported in
the latest official census.
Section 16. The act is amended by adding a section to read:
Section 402.1. Petition of Electors.--(a) At least 5% of
registered electors of the township or, for a proposal affecting
only a portion of the township, at least 5% of the registered
electors of the ward which would be affected by the proposal,
may petition the board of commissioners to initiate proceedings
under section 401 and may present to the board of commissioners
a plot showing the boundaries of the proposed wards of the
township. The board of commissioners shall, by motion approved
by a majority of the commissioners and within 90 days of
presentment of the petition, determine whether to initiate
proceedings under section 401.
(b) If the board of commissioners has not approved a motion
within 90 days after the presentment of a petition under
subsection (a), 10 registered electors may petition the court of
common pleas and contest the existing apportionment as violating
section 401(b) or (d). The proceedings before the court shall be
conducted in accordance with 53 Pa.C.S. §§ 906 (relating to
contest of reapportionment by governing body) and 907 (relating
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to costs and expenses of contest).
Section 17. Section 403 of the act is repealed:
[Section 403. Filing and Confirmation of Report;
Exceptions.--When the report is presented, the court shall
confirm the report nisi, which confirmation shall become
absolute unless exceptions thereto are filed within thirty days
after such confirmation nisi. The court may grant a review if,
in its opinion, a better adjudication may thereby be secured. If
no exceptions are filed, the court may confirm the report, or
make such other order as by it shall be deemed proper. If
exceptions are filed, the court shall fix a time for hearing,
and thereafter shall enter such decree as by it shall be deemed
just and proper. From the final decree as entered by the court
of quarter sessions, there shall be no appeal.]
Section 18. The act is amended by adding a section to read:
Section 403.1. County Board of Elections.--A copy of the
ordinance enacted pursuant to section 401, along with a plot
showing the boundaries of the wards established, shall be
forwarded to the county board of elections.
Section 19. Sections 404, 405 and 406 of the act are
repealed:
[Section 404. Compensation of Commissioners.--The
commissioners, appointed under the provisions of this act, shall
receive such compensation as the court shall fix. The
compensation of the commissioners and reasonable attorney's
fees, shall be paid by the township in all cases where the
prayer of the petitioners is granted, and in other cases shall
be paid by the petitioners.
Section 405. Election Districts.--The court of quarter
sessions may, from time to time, divide any such ward into two
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or more election districts so as to suit the conveniences of the
electors thereof.
Section 406. Numbering of Wards.--When any township shall be
divided or redivided into wards, or when any ward in any
township shall be created, divided, or altered, the court shall,
in its decree, fix the number of each of the wards of such
township.]
Section 20. Sections 407 and 408 of the act are amended to
read:
Section 407. Schedule for Election of Commissioners in
Townships First Divided into Wards.--When a township is first
divided into wards, the township commissioners then in office
shall continue in office until the expiration of their
respective terms.
At the first municipal election occurring at least [ninety]
90 days after [such] the the division into wards, there shall be
elected, by the registered electors of each ward of the
township, one township commissioner, who shall reside in the
ward for which [he] the commissioner is elected. At [such] the
election, the township commissioners elected in even-numbered
wards shall be elected for terms of two years each, and those in
odd-numbered wards for terms of four years each, or vice versa,
as the case may be, in order that the expiration of [such] the
terms will harmonize with the expiration of terms of township
commissioners elected for [such] the even or odd numbered wards
under the provisions of this act. Thereafter, successors to
[such] the commissioners shall be elected for terms of four
years each at the municipal election immediately preceding the
expiration of the terms of ward commissioners.
If the number of wards into which the township has been
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divided is less than five, then, at the municipal election
preceding the expiration of the terms of any commissioner or
commissioners [theretofore] elected at large, if [such] the
expiration of terms will leave the township with less than five
township commissioners, there shall be elected at large a
sufficient number of township commissioners so that the total
number of commissioners elected by wards and at large in the
township shall thereafter be five. If one township commissioner
is elected at large [at such election, he], the commissioner
shall be elected for a term of four years. If two township
commissioners are elected at large [at such election], one shall
be elected for a term of two years, and one for a term of four
years. If three township commissioners are elected at large [at
such election], two shall be elected for terms of four years
each, and one for a term of two years. Successors to [such] the
township commissioners elected at large [at such election] shall
be elected for terms of four years each.
All terms of office of township commissioners, elected at
large or by wards, shall commence on the first Monday of January
next following their election.
Section 408. Schedule of Election of Commissioners in Newly
Created Wards.--[Whenever] If a new ward is created in a
township previously divided into wards[, a new ward is created,]
and the number of wards [thereafter in such] in the township,
including the new ward, is less than five, then, at the next
municipal election [next] following the expiration of the term
of the commissioner or commissioners elected at large whose
terms shall first expire after [such creation] the creation of
the new ward, there shall be elected, by the registered electors
of [such] the new ward, one township commissioner, who shall
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reside in the ward for which [he] the commissioner is elected,
for a term of two or four years, so that the expiration of [his]
the commissioner's term will harmonize with the expiration of
terms of commissioners for [such] the even or odd numbered wards
under the provisions of this act. Successors to [such] the
township commissioners shall be elected for terms of four years.
The number of commissioners thereafter elected at large in [any
such] the township shall be the difference between the number of
wards and five, and a sufficient number of commissioners shall
be elected at large at each municipal election preceding the
expiration of terms of commissioners at large so that the total
number of commissioners in the township will at all times be
five.
[Whenever,] If a new ward is created in any township
previously divided into wards[, a new ward is created,] and the
number of wards thereafter in [such] the township is five, then,
at the municipal election preceding the expiration of the term
of office of any commissioner or commissioners elected at large,
a township commissioner shall be elected for [such] the ward,
who shall reside in the ward. [Such] The election shall be for a
two or four year term so that the expiration of [his] the
commissioner's term will harmonize with the expiration of terms
of commissioners for [such] the even or odd numbered wards under
the provisions of this act. The successor to [such] the ward
commissioner shall be elected for a four-year term. No township
commissioner shall thereafter be elected at large in [such] the
township.
If the number of wards in [such] the township, including the
new ward, [shall] will be more than five, the court of [quarter
sessions] common pleas shall appoint a township commissioner for
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[such] the new ward, who shall hold office until the first
Monday in January succeeding the first municipal election at
which township commissioners are elected in [such] the even or
odd the numbered wards under the provisions of this act, at
which election, and every four years thereafter, a township
commissioner, who shall reside in the ward, shall be elected by
the qualified electors of [said] the ward for a term of four
years.
All township commissioners elected under this section shall
take office on the first Monday of January next succeeding their
election.
Section 21. The act is amended by adding a section to read:
Section 409. Pennsylvania Election Code.--Nothing in this
article shall be construed as affecting the powers and duties of
the court of common pleas, the county board of elections or
restrictions on alteration of election districts as provided in
Article V of the act of June 3, 1937 (P.L.1333, No.320), known
as the "Pennsylvania Election Code."
Section 22. Sections 501, 502 and 503 of the act are amended
to read:
Section 501. Eligibility.--(a) Only a registered elector of
a township may be eligible to an elective office in the
township. Before being sworn into office, each elected township
officer, or, except as provided under section 530, each
appointed township officer in case of a vacancy in an elective
office, shall present a signed affidavit to the township
secretary stating that the officer resides in the township, or
within the ward in the case of a ward office, from which elected
or appointed and has resided in the township or ward
continuously for at least one year immediately prior to the
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officer's election or appointment. In the case of a newly
created ward in existence for less than one year at the time of
a township officer's election or appointment, the affidavit
shall state that the officer has resided within the township
continuously for at least one year immediately prior to the
officer's election or appointment and within the ward from the
date of the ward's creation continuously until the officer's
election or appointment.
(b) If an individual elected to office, or appointed to an
elective office, fails to give the required bond, take the
required oath or provide a signed affidavit, a vacancy is
created in the office for which the individual was elected or
appointed and the vacancy shall be filled as provided in section
530.
(c) No individual may hold more than one elective township
office at the same time.
Section 502. [Hold Until Successors Qualified.--Officers of
townships other than township commissioners shall hold their
offices until their successors are elected and qualified, but
such service shall not continue longer than the first Monday of
January succeeding the next municipal election at which election
a successor shall be elected for the unexpired term.] Term of
Office.--Except if a vacancy in office occurs pursuant to
section 530, officers shall hold office for the term for which
the individual was elected. Officers shall not serve longer than
the first Monday of January succeeding the municipal election at
which a successor was elected.
Section 503. Elected Officers [Enumerated].--(a) The
electors of each township shall elect [(a) at least five
township commissioners, (b) one township tax collector and (c)
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except as otherwise hereinafter provided, three elected auditors
or one appointed auditor, or one controller where such office
has been established. Elected township officers shall be
registered electors of the township.]:
(1) At least five township commissioners. The following
shall apply:
(i) In townships divided into wards but having less
than five wards, the number of commissioners shall be
five. One commissioner shall be elected from each ward,
and the remaining number of commissioners, to which the
township is entitled, shall be elected at large. In
townships having five or more wards, one commissioner
shall be elected from each ward. Township commissioners
shall be elected at municipal elections, preceding the
expiration of the terms of commissioners then in office,
for terms of four years each. Commissioners from odd-
numbered wards shall be elected at alternate municipal
elections than the municipal elections at which
commissioners from even-numbered wards are elected.
Elections at large shall be held at the municipal
election preceding the expiration of the term of any
commissioner elected at large.
(ii) In townships not divided into wards, there
shall be five township commissioners, who shall be
elected at large by the voters of the township. At each
municipal election, two or three township commissioners,
as the case may be, shall be elected for terms of four
years each to take the place of the commissioners whose
terms then expire.
(2) One township tax collector, and the following shall
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apply:
(i) The township tax collector shall be elected at
municipal elections every four years. An individual must
be a qualified tax collector or, in the case of an
individual appointed to fill a vacancy in the office of
tax collector, become a qualified tax collector, in
accordance with the act of May 25, 1945 (P.L.1050,
No.394), known as the Local Tax Collection Law.
(ii) If no individual is elected to the position of
tax collector in the municipal election, or if the
position of tax collector becomes vacant, the board of
commissioners may, by resolution, appoint an individual
or person to collect taxes. If a person other than an
individual is appointed, the person shall post bonds to
the same extent as would an individual appointed to fill
the vacancy and as further provided by terms and
conditions as set forth by the board of commissioners.
Notwithstanding the Local Tax Collection Law, if a person
other than an individual is appointed as a tax collector,
no individual employed by the appointed tax collector or
any of the appointed tax collector's officers shall be
required to be or become a qualified tax collector or to
file criminal history record information.
(3) Three elected auditors, and the following shall
apply:
(i) At each municipal election, one auditor shall be
elected for a term of six years. No auditor shall at the
same time hold any other elective or appointive office.
(ii) The board of commissioners may provide by
ordinance for the appointment of an independent auditor,
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in lieu of providing for the election of three auditors,
as provided in subparagraph (i) or one controller as
provided in paragraph (4). After enactment of the
ordinance, an independent auditor shall be appointed
annually by resolution at least thirty days prior to the
close of the fiscal year. The office of elected auditor
is abolished upon the appointment of an independent
auditor.
(iii) The board of commissioners shall have the
right at any time to repeal the ordinance providing for
the appointed independent auditor, whereupon three
auditors shall be elected at the next municipal election
following the repeal of the ordinance, to whom the
following shall apply:
(A) One elected auditor shall serve a term of
two years.
(B) One elected auditor shall serve a term of
four years.
(C) One elected auditor shall serve a term of
six years.
(D) The three elected auditors shall have all
the powers and perform all the duties as provided in
this act for elected auditors.
(4) One elected controller in lieu of three elected
auditors, and the following shall apply:
(i) The provisions of this act relating to the
controller shall not become operative or effective until
the board of commissioners shall, by ordinance, accept
the provisions of this act relating to the office of
controller.
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(ii) When a township has provided by ordinance for
the office of an elected controller, the board of
commissioners shall petition the court of common pleas to
appoint a controller to hold office until the first
Monday of January next succeeding the next municipal
election when a controller shall be elected. When a
controller is appointed or elected as provided within
this paragraph, the office of elected auditor is
abolished.
(iii) One controller, who shall be a competent
accountant, shall be elected at municipal elections every
four years.
(iv) The office of controller shall be continued
until the ordinance is repealed, when the office of
controller shall terminate. The township shall either
appoint an independent auditor or, at the next municipal
election following the repeal of the ordinance, provide
for the election of three auditors, to whom the following
shall apply:
(A) One elected auditor shall serve a term of
two years.
(B) One elected auditor shall serve a term of
four years.
(C) One elected auditor shall serve a term of
six years.
(D) The three elected auditors shall have all
the powers and perform all the duties as provided in
this act for elected auditors.
(b) The terms of each elected officer under this section
shall begin the first Monday of January next succeeding the
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