Regular Session 2019-2020 House Bill 2073 P.N. 2927

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,

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.

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;

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.

20190HB2073PN2927 - 14 -

(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

20190HB2073PN2927 - 15 -

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

20190HB2073PN2927 - 16 -

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

20190HB2073PN2927 - 17 -

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

20190HB2073PN2927 - 18 -

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

20190HB2073PN2927 - 19 -

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:

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

20190HB2073PN2927 - 20 -

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.

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

20190HB2073PN2927 - 21 -

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

20190HB2073PN2927 - 22 -

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.

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

20190HB2073PN2927 - 23 -

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

20190HB2073PN2927 - 24 -

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

20190HB2073PN2927 - 25 -

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

20190HB2073PN2927 - 26 -

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

20190HB2073PN2927 - 27 -

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.

20190HB2073PN2927 - 28 -

(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).

20190HB2073PN2927 - 29 -

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

20190HB2073PN2927 - 30 -

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

20190HB2073PN2927 - 31 -

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

20190HB2073PN2927 - 32 -

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

20190HB2073PN2927 - 33 -

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

20190HB2073PN2927 - 34 -

[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

20190HB2073PN2927 - 35 -

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.

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)

20190HB2073PN2927 - 36 -

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

20190HB2073PN2927 - 37 -

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,

20190HB2073PN2927 - 38 -

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.

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.

20190HB2073PN2927 - 39 -

(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.

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

20190HB2073PN2927 - 40 -

individual's election.

Section 23. (Reserved).

Section 24. Subdivisions (b), (c), (d), (e) and (f) of

Article V of the act are repealed:

[(b) Commissioners

Section 504. Number and Election of Commissioners in

Townships Having Wards.--In townships having less than five

wards, the number of commissioners shall be five. One such

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.

Commissioners shall reside in the ward from which elected, and

shall have resided in said ward continuously for at least one

year before their election. 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, from the first Monday of January succeeding their

election. At the election in the year one thousand nine hundred

and fifty-one, the commissioners from odd-numbered wards shall

be elected, and at the election in the year one thousand nine

hundred and fifty-three, those from even-numbered wards shall be

elected. Elections at large shall be held at the municipal

election preceding the expiration of the term of any

commissioner elected at large.

Section 505. Number and Election of Commissioners in

Townships Not Divided into Wards.--In townships not divided into

wards, the number of township commissioners shall be five, who

shall be elected at large by the voters of the township. At each

municipal election, two or three township commissioners, as the

20190HB2073PN2927 - 41 -

case may be, shall be elected for terms of four years each, from

the first Monday of January next succeeding, to take the place

of the commissioners whose terms then expire. Commissioners

shall reside in the township from which elected and shall have

resided in that township continuously for at least one year

before their election.

Section 510. Election of Tax Collector.--(a) At the

municipal election in 2013 and every fourth year thereafter, the

electors of each township shall elect one tax collector to serve

for a term of four years from the first Monday of January after

the election, except when vacancies create shorter terms. Tax

collectors shall reside in the township from which they are

elected and shall have resided in that township continuously for

at least one year immediately preceding their election.

(b) If the electors of a township fail to choose a tax

collector or if a person elected to the office fails to give the

required bond or take the required oath, the vacancy shall be

filled as provided in section 530.

ordinance as provided in section 603.

(d) Assessors

(e) Auditors

Section 520. Election of Auditors.--At each municipal

election, one auditor shall be elected for a term of six years,

from the first Monday of January succeeding such election. No

auditor shall at the same time hold any other elective or

appointive office.

Any township may, instead of electing three auditors as above

provided or one controller as hereinafter provided, provide, by

20190HB2073PN2927 - 42 -

ordinance, for the audit of its accounts by an independent

auditor who shall be a certified public accountant, registered

in Pennsylvania, a firm of certified public accountants so

registered, or a competent public accountant, or a competent

firm of public accountants. Where such an ordinance has been so

adopted, an independent auditor shall be appointed, annually, by

resolution before the close of the fiscal year, to make an

independent examination of all the accounts and accounting

records of the township for the fiscal year then closing. Said

appointment shall be made at least thirty days prior to the

close of the fiscal year. Such independent auditor shall have

and possess all the powers and perform all the duties provided

in this act for elected auditors. The compensation of any such

type of appointed auditor shall be fixed by the board of

commissioners. When an independent auditor is appointed as

herein provided, the office of elected auditor is hereby

abolished.

Whenever any township has heretofore provided by ordinance,

for the audit of its accounts by an appointed auditor, said

township shall have the right at any time to repeal said

ordinance; and, thereupon, the office of appointed auditor shall

be abolished, and said township shall have the further right, at

the next municipal election following the repeal of said

ordinance, to elect three auditors, one for a term of two years,

one for a term of four years, and one for a term of six years

from the first Monday of January succeeding such election, which

auditors so elected shall succeed the appointed auditor, and

shall have and possess all the powers and perform all the duties

provided in this act for elected auditors.

(f) Controller

20190HB2073PN2927 - 43 -

Section 525. Election of Controller.--The qualified electors

in every township of the first class, accepting the provisions

of this act relating to the controller as hereinafter provided,

shall, at the municipal election in the year one thousand nine

hundred and fifty-three, and every four years thereafter, elect

as township controller one person, who shall be a competent

accountant and a registered elector of the township. The person

so chosen shall serve for a term of four years, from the first

Monday of January next succeeding his election.

Section 526. Acceptance of Controller; Provisions by

Ordinance.--The provisions of this act relating to the

controller shall not become operative or effective in any

township until the board of commissioners shall, by ordinance,

accept the provisions of this act relating to the office of

controller. Such office of controller shall be continued until

the acceptance ordinance be repealed, when it shall terminate

and the accounts of township officers shall thereafter be

audited by auditors as in this act provided. When any township

so accepts the provisions of this act, the court of quarter

sessions, upon petition of the board of commissioners, shall

appoint a controller, to hold office until the first Monday of

January next succeeding the next municipal election at which a

controller may be elected under the provisions of this act.

In all townships of the first class so accepting the

provisions of this act, the office of township auditor is

abolished.]

Section 25. Sections 530, 601, 602, 603, 604 and 605 of the

act are amended to read:

Section 530. Vacancies in General.--(a) If a vacancy occurs

in the office of township commissioner, auditor, controller, or

20190HB2073PN2927 - 44 -

tax collector by death, resignation, removal provided in section

604, termination of residency from the township or ward in the

case of a ward office, or by failure to take the required oath,

give required bond or provide the affidavit required under

section 501, or otherwise, the board of [township] commissioners

shall fill the vacancy within thirty (30) days by appointing by

resolution a registered elector of the township or ward in the

case of a ward office, in which the vacancy occurs. If a person

other than an individual is appointed to fill a vacancy in the

office of tax collector under section 503(a)(2)(ii), the person

shall not be required to file the affidavit required under

section 501. An individual appointed as a tax collector under

section 4.2 or 4.4 of the act of May 25, 1945 (P.L.1050,

No.394), known as the Local Tax Collection Law, shall not be

required to file an affidavit required under section 501.

(a.1) The following shall apply:

(1) A vacancy shall not be created by a resignation until

the date that the resignation is accepted by a majority vote of

a quorum of the board of commissioners at a public meeting or

the effective date of the tendered resignation, whichever is

later. The board of commissioners must accept a resignation no

later than forty-five (45) days after it has been tendered in

writing to the board of commissioners, unless it is withdrawn in

writing prior to acceptance.

(2) A resignation that is not accepted as provided under

paragraph (1) shall be deemed accepted after forty-five (45)

days.

(b) If the board of [township] commissioners of any township

shall refuse, fail, or neglect, or be unable for any reason

whatsoever, to fill a vacancy within thirty (30) days after the

20190HB2073PN2927 - 45 -

vacancy occurs, then the vacancy board shall fill the vacancy

within fifteen (15) additional days by appointing a registered

elector of the township or ward in which the vacancy occurs. The

vacancy board shall consist of the board of commissioners and

one registered elector of the township, who shall be appointed

by the board of [township] commissioners at the board's first

meeting each calendar year or as soon thereafter as practical.

The registered elector shall act as chairperson of the vacancy

board and shall serve as the chairperson until the chairperson's

successor is appointed.

(b.1) If the vacancy board does not fill the vacancy within

fifteen (15) days, the chairperson shall, or in the case of a

vacancy in the chairpersonship the remaining members of the

vacancy board shall, petition the court of common pleas to fill

the vacancy by appointing a registered elector of the township

or ward, in which the vacancy occurs.

(b.2) If there are vacancies in a majority of the offices of

commissioners, the court of common pleas shall fill the

vacancies upon presentation of a petition signed by not less

than fifteen (15) registered electors of the township.

(b.3) The registered elector appointed to fill a vacancy

shall hold the office until the first Monday in January after

the first municipal election occurring more than sixty (60) days

after the vacancy occurs, at which election an eligible person

shall be elected to the office for the remainder of the term.

The appointed registered elector shall have been a resident of

the township or ward continuously for at least one (1) year

immediately prior to the appointment.

Section 601. Oath.--Every person elected or appointed to any

township office in any township shall, before entering upon the

20190HB2073PN2927 - 46 -

duties of [his] office, take and subscribe an oath or

affirmation of office under 53 Pa.C.S. § 1141 (relating to form

of oaths of office), before [some person having authority to

administer oaths, to support the Constitution of the United

States and of this Commonwealth, and to perform the duties of

his office with fidelity. A copy of such] any judge or

magisterial district judge of the county or a notary public. A

copy of the oath or affirmation shall, within ten days

thereafter, be filed with the township secretary.

Section 602. Bonds.--[When any officer or employe of any

township is required to give bond for the faithful performance

of his] (a) Except as provided for in subsection (b), when any

officer or employe of any township is required by law or action

of the board of commissioners to give bond for the faithful

performance of the officer's or employe's duties, the bond shall

be with a surety company or other company authorized by law to

act as surety [and the]. The township shall pay the premium on

the bond, except that the premium on the bond of the township

tax collector shall be paid by the respective taxing districts,

as provided by the act of May 25, 1945 (P.L.1050, No.394), known

as the "Local Tax Collection Law."

(b) When any officer or employe of a township, other than a

tax collector, is required to give a bond for the faithful

performance of the officer's or employe's duties, the board of

commissioners may purchase insurance in lieu of a bond if the

insurance covers the same events of loss and insures the

township against the same misconduct as the bond.

Section 603. Compensation.--(a) Elected officers of

townships other than tax collector shall receive [such] a

salary, compensation or emoluments of office as may from time to

20190HB2073PN2927 - 47 -

time be fixed by ordinance of the township in accordance with

[provisions of section 703.] this act.

(a.1) Notwithstanding section 34 of the act of May 25, 1945

(P.L.1050, No.394), known as the "Local Tax Collection Law," a

township treasurer who is the elected tax collector of the

township may receive a salary, compensation or emoluments of

office in accordance with subsection (a) for the township

treasurer's work as the township treasurer.

(b) Tax collectors shall receive [such] a salary,

compensation or emoluments of office as may from time to time be

fixed by ordinance of the township in accordance with the [act

of May 25, 1945 (P.L.1050, No.394), known as the] "Local Tax

Collection Law."

office of an elected officer shall become effective at the

beginning of the next term of the elected officer.

(d) Appointed officers and employes of the township shall

receive [such] compensation for their services as the [township]

board of commissioners shall prescribe.

Section 604. Removal of Township Officers and Appointees.--

Whether elected or duly appointed to fill a vacancy in elective

office, a township officer shall be removable from office only

by impeachment, or by the Governor for reasonable cause after

due notice and full hearing on the advice of two-thirds of the

Senate, or upon conviction of misbehavior in office or of an

infamous crime in accordance with the Constitution of

Pennsylvania, but the officer's title to office may be tried by

proceedings of quo warranto as provided by law.

Section 605. Annuities in Lieu of Joining Pension or

Retirement System.--(a) A township may provide, by ordinance,

20190HB2073PN2927 - 48 -

[provide as compensation] to employes of not less than ten years

of satisfactory service and who are not less than sixty years of

age upon termination of active employment with the township a

proportion of the compensation last paid to them but not in

excess of [fifty per centum thereof, as fixed in said ordinance

or amendment thereto.] 50% of the compensation.

(b) Any arrangement to provide post retirement compensation

to [aged] retired appointees and employes pursuant to this

section shall be a pension plan within the meaning of that term

pursuant to the act of December 18, 1984 (P.L.1005, No.205),

known as the "Municipal Pension Plan Funding Standard and

Recovery Act," and the township establishing that plan shall

provide funding of that pension plan in an amount sufficient to

meet the minimum obligation of the municipality with respect to

the pension plan pursuant to [that act. Nothing herein shall]

the "Municipal Pension Plan Funding Standard and Recovery Act."

any employe of the township from joining any pension system or

municipal retirement system that the township may establish or

adopt. [The intent and purpose of this section is to permit

townships, without levying any special tax or exceeding the

existing tax limitation for general revenue purposes, to pay to

their employes who are too old to advantageously join any

pensioning or retirement system a reasonable annuity in lieu of

joining a pension or retirement system, and who are not and

cannot now be socially protected by any Federal social security

system.]

(d) Upon the effective date of this subsection, a township

may not provide for an annuity in lieu of employes joining a

pension or retirement system. Nothing in this subsection shall

20190HB2073PN2927 - 49 -

be construed to affect the rights of any current or retired

employes or appointees of a township entitled to payments

granted in accordance with any annuity entered into prior to the

effective date of this subsection.

Section 26. Subdivision (b) of Article VI of the act is

repealed:

[(b) County Associations of Township Officers

Section 610. Formation of County Associations; Meetings.--

County associations of township officers may be formed in the

respective counties, or the township officers of two or more

counties may form a joint county association. Such associations,

when formed, shall hold annual conventions, or may hold

semiannual or quarterly conventions, conferences, institutes, or

schools at the county seats of the respective counties, or some

other suitable place within the Commonwealth, for the purpose of

considering and discussing questions and subjects pertaining to

the best methods for the construction, improvement, and

maintenance of the public highways and bridges, and the

administration of township governments.

Section 611. Membership of Associations; Expenses of

Members.--The township commissioners and other officers of the

township designated by the township commissioners shall attend

such conventions, conferences, institutes or schools whenever

possible. Each township officer attending such convention,

conference, institute or school shall receive a certificate,

signed by the presiding officer and secretary or acting

secretary of the association, attesting his presence at the

convention, conference, institute, or school. Such certificate

shall entitle him to collect from the township treasurer

expenses which shall be limited to the registration fee, mileage

20190HB2073PN2927 - 50 -

for use of personal vehicle or reimbursement of actual

transportation expense going to and returning from such meeting

plus all other actual expenses that the township commissioners

may have agreed to pay. Every delegate attending the annual

meeting shall submit to the township commissioners an itemized

account of expenses incurred thereat. The township commissioners

may authorize township employes to be compensated at their

regular employe rate during their attendance at the annual

meeting. The board of township commissioners may authorize a

commissioner who is not employed by the township to receive

total or partial reimbursement for lost wages or salary while

attending the annual meeting provided that sufficient

documentation of such wages or salary is presented to the board

of township commissioners to justify the reimbursement. The

expenses of holding any such convention shall be paid pro rata

by the townships joining therein.

Section 612. Officers of Association; Ex-Officio

Membership.--The officers of the association shall consist of a

president, two vice-presidents, a secretary, and a treasurer;

all of whom, except the secretary, shall be members of the

association, and shall hold office for one year or until their

successors are chosen. If desirable, the secretary may be a

person not a regular member of the association, and may be paid

for his service such compensation, not exceeding twenty-five

dollars per annum, as the other officers may determine. Every

township shall have one vote in the convention. The mayor of any

city, the burgess of any borough, or their duly appointed

representative, the county commissioners, and the judges of the

court in the county, the township engineer of the State Highway

Department, the assistant engineers of the division of township

20190HB2073PN2927 - 51 -

highways, and the superintendent of State highways in charge of

such county, shall be eligible to membership, but shall not be

entitled to vote nor to hold office.]

Section 27. Section 620 of the act is amended to read:

Section 620. [Formation of State Association Authorized.--

The formation of a State association of township commissioners

is hereby authorized. The township commissioners and not more

than three other officers of the township designated by the

township commissioners, including the delegate provided for by

section six hundred twenty-one, may attend such meeting.] State

Association of Township Commissioners.--(a) The formation of a

State association of township commissioners is authorized.

(b) The association shall hold annual meetings[, at such]

and educational conferences at a designated time and place

within the Commonwealth [as it may designate, for the purpose of

discussing various questions and subjects pertaining to the

duties of township commissioners, and for the purpose of

devising uniform, economical, and efficient methods of

administering the affairs of townships.] for the purpose of

addressing the interests of the townships. The expenses of the

annual meetings and educational conferences may be paid, in full

or in part, by the townships joining the association.

conference, by majority vote of all the voting delegates [there

represented] attending, shall have power to adopt and amend

bylaws to govern the association [which]. The bylaws shall

govern the qualifications of delegates, election of officers,

their designation, qualifications and duties, payment of dues

and other organizational details. The association shall function

under these bylaws for advancing the interest of and betterment

20190HB2073PN2927 - 52 -

of township government in townships of the first class.

[The dues as adopted in these bylaws are legal expenditures

of the townships and shall be used to pay for the services,

publications and other expenses, including the rental and

acquisition of real estate to be used]

(d) The dues adopted in the bylaws shall be paid by each

township upon becoming a member of the association and shall be

used for association purposes and activities authorized or

ratified by the association or incurred [in] on behalf of the

association by its officers and executive committee.

Section 28. Section 621 of the act is repealed:

[Section 621. Delegates from Townships.--Each township shall

send at least one township officer as a delegate to each annual

meeting of said State association, who shall be selected by the

commissioners of the township of which he is a commissioner or

an officer.]

Section 29. The act is amended by adding a section to read:

Section 621.1. Authorization to Attend Annual Meetings and

Educational Conferences.--(a) Township commissioners may attend

each annual meeting and educational conference of the State

association of township commissioners. The board of

commissioners shall, by motion, designate at least one township

officer as a delegate to each annual meeting and educational

conference. The delegate shall be a township commissioner or

other township officer. The board of commissioners, may, by

motion, designate no more than two township officers, other than

the townships commissioners or the delegate, to attend each

annual meeting and educational conference as nondelegates and

authorize township employees to attend each annual meeting and

educational conference.

20190HB2073PN2927 - 53 -

(b) In addition to each annual meeting and educational

conference as specified under subsection (a), the board of

commissioners may authorize township officers and employes of

the township to attend other conferences or educational training

of the association.

Section 30. Section 622 of the act is amended to read:

Section 622. Expenses [of Delegates] Paid by Townships.--

[Each] (a) The board of commissioners shall, for each delegate

and other officer or employe attending the annual meeting or

other conference or educational training of the State

association [shall be allowed] of township commissioners, pay

expenses upon receipt of an itemized account of expenses, which

shall be limited to the registration fee, mileage for use of

personal vehicle or reimbursement of actual transportation

expense going to and returning from [such] the meeting,

conference or educational training plus all other actual

expenses that the [township] board of commissioners may have

agreed to pay. [Every delegate attending the annual meeting

shall submit to the township commissioners an itemized account

of expenses incurred thereat. The township]

(b) The board of commissioners may authorize township

employes to be compensated at their regular employe rate during

their attendance at the annual meeting or other conference or

educational training. The board of [township] commissioners may

authorize a commissioner [who is not employed by the township to

receive total or partial reimbursement for lost wages or salary

while attending the annual meeting provided that sufficient

documentation of such wages or salary is presented to the board

of township commissioners to justify the reimbursement. No

delegate shall receive expenses for more than four days

20190HB2073PN2927 - 54 -

including the time employed in traveling thereto and therefrom,

together with mileage going to and returning from the meeting.

These expenses shall be paid by the respective townships.] to

receive total or partial reimbursement for lost wages or salary

while attending the annual meeting or other conference or

educational training if sufficient documentation is presented to

the board of commissioners to justify the reimbursement. The

maximum time for which a delegate, township employe or

commissioner shall be reimbursed for lost wages or salary while

attending the annual meeting or other conference or educational

training shall not be more than four days, including the time

spent traveling to and from the event.

Section 31. Sections 623 and 624 of the act are repealed:

[Section 623. Expenses of Annual Meeting.--The expenses of

the annual meeting, including expenses of committees, printing,

and stenographers, shall be paid by the respective townships

joining in such State association.

Section 624. Conferences, Institutes and Schools.--The

actual expenses for attending the conferences, institutes and

schools of elected or appointed township officers and employes

may be paid by the township when authorized by the board of

township commissioners and shall be limited to the registration

fee, mileage for use of personal vehicle or reimbursement of

actual transportation expense going to and returning from such

meeting plus all other actual expenses that the township

commissioners may have agreed to pay. Every delegate attending

the annual meeting shall submit to the township commissioners an

itemized account of expenses incurred at the annual meetings.

The township commissioners may authorize township employes to be

compensated at their regular employe rate during their

20190HB2073PN2927 - 55 -

attendance at the annual meeting.]

Section 32. Article VI of the act is amended by adding a

subdivision to read:

(c.1) County Associations of Township Officers

Section 624.1. Formation of County Associations; Meetings.--

County associations of township officers may be formed in the

respective counties, or the township officers of two or more

counties may form a joint county or regional association. The

associations, when formed, shall hold annual, semiannual or

quarterly conferences or educational training at the county

seats of the respective counties, or some other suitable place

within the Commonwealth, for the purpose of advancing the

interests of the townships in the association and the

inhabitants of the townships.

Section 624.2. Membership of Associations; Expenses of

Members.--(a) The board of commissioners and other township

officers designated by the board shall attend the conferences or

educational training whenever possible. A township officer

attending a conference or educational training shall receive a

certificate, signed by the presiding officer and secretary or

acting secretary of the association, attesting to the township

officer's presence at the conference or educational training.

(b) The certificate shall authorize an officer to collect

from the township treasurer expenses which shall be limited to

the registration fee, mileage for use of personal vehicle or

reimbursement of actual transportation expense going to and

returning from a conference or educational training, plus all

other actual expenses that the board of commissioners may have

agreed to pay. Each officer attending a conference or

educational training shall submit to the board of commissioners

20190HB2073PN2927 - 56 -

an itemized account of expenses incurred.

employes to be compensated at their regular employe rate during

their attendance at a conference or educational training. The

board of commissioners may authorize a commissioner to receive

total or partial reimbursement for lost wages or salary while

attending the conference or educational training if sufficient

documentation of the wages or salary is presented to the board

of commissioners to justify the reimbursement.

Section 624.3. Officers of Association; Ex-Officio

Membership.--(a) The officers of the association shall consist

of a president and other officers as determined by the

association's bylaws. All of the officers, except any secretary,

shall be members of the association and shall hold office as

determined by the association's bylaws or until their successors

are chosen.

(b) Every township shall have one vote in a conference. A

county association of townships may admit to membership of the

association representatives of political subdivisions other than

townships of the first class within the county, the judges of

the court of common pleas in the county and engineers or other

personnel from the Department of Transportation of the

Commonwealth. Representatives of political subdivisions other

than townships of the first class within the county, the judges

of the court of common pleas in the county and engineers or

other personnel from the Department of Transportation shall not

be entitled to vote at the conference or hold office in the

association.

Section 33. Subdivision (d) heading and sections 625, 626,

627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639,

20190HB2073PN2927 - 57 -

640, 641, 642, 643, 644, 645, 646, 647 and 648 of the act are

amended to read:

(d) Civil Service for Police and [Firemen] Firefighters

Section 625. Appointments of Police and [Firemen.--This

subdivision (d) of this article] Firefighters.--(a) This

subdivision shall not apply to any township having a police

force of less than three members or to volunteer fire

departments or companies employing their own [operators or to

townships having less than three salaried operators of fire

apparatus. The subdivision (d) of this article is subject, as

heretofore, to the power of the township commissioners to

determine compensation. Hereafter, each and every appointment to

and promotion directly by the township shall be made only

according to qualifications and fitness to be ascertained by

examinations which shall be competitive, as hereinafter

provided.] firefighters or to townships having less than three

salaried firefighters.

(b) This subdivision shall be subject to the power of the

board of commissioners to determine compensation.

force or fire department paid directly by the township shall be

made only according to qualifications and fitness to be

ascertained by an examination. An examination for qualifications

and fitness shall be competitive as provided under this

subdivision.

(d) No [person shall hereafter] individual shall be

suspended, removed or [reduced in rank] demoted as a paid

employe in any police force or as a paid [operator of fire

apparatus] firefighter of any township, except in accordance

with the provisions of this subdivision.

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(e) Nothing in this subdivision shall apply to retirement or

be construed to prevent a township from adopting a compulsory

retirement age for the township's employes or any class of

employes or to prevent the township from retiring the township

employes automatically when they attain the compulsory

retirement age.

Section 626. Civil Service Commission Created; Appointments;

Vacancies.--[There is hereby created in each township where a

police force or paid fire apparatus operators as hereinbefore

provided are being maintained, a civil service commission,

hereinafter referred to as the commission. The commission shall

consist of three commissioners who shall be qualified electors

of the township and shall be appointed by the township

commissioners initially to serve for the terms of two, four and

six years, and as terms thereafter expire shall be appointed for

terms of six years.

Any vacancy occurring in any commission for any reason

whatsoever shall be filled for the unexpired term within the

period of thirty days after such vacancy occurs.

Each member of the commission created by this subdivision,

before entering upon the discharge of the duties of his office,

shall take an oath or affirmation to support the Constitution of

the United States and of the Commonwealth of Pennsylvania and to

perform his official duties with fidelity.

The township] (a) Subject to section 625(a), a civil service

commission is established in each township where a police force

or paid firefighters force is maintained.

(b) The commission shall consist of three civil service

commissioners who shall be qualified electors of the township

and shall be appointed by the board of commissioners initially

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to serve for the terms of two, four and six years. Upon the

expiration of the term of a civil service commissioner, the

successor shall be appointed for a term of six years.

shall be filled by the board of commissioners for the remainder

of the unexpired term no later than 30 days after the vacancy

occurs.

(d) Before entering upon the discharge of the duties of

office, a civil service commissioner shall take an oath or

affirmation of office in accordance with 53 Pa.C.S. § 1141

(relating to form of oaths of office).

(e) The board of commissioners may appoint no more than

three qualified electors of the township to serve as alternate

members of the commission. The term of office of the alternate

members shall be six years. [When] If seated pursuant to section

628, an alternate shall be entitled to participate in all

proceedings and discussions of the commission to the same and

full extent as provided by law for commission members, including

specifically the right to cast a vote as a voting member during

the proceedings, and shall have all the powers and duties set

forth in this act and as otherwise provided by law. Alternates

shall hold no other office in the township. [Any] An alternate

may participate in any proceeding or discussion of the

commission but shall not be entitled to vote as a member of the

commission unless designated as a voting alternate member

pursuant to section 628.

(f) The civil service commissioners shall receive no

compensation.

Section 627. Offices Incompatible With Civil Service

Commissioner.--No civil service commissioner shall at the same

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time hold an elective or appointed office under the United

States government, the Commonwealth of Pennsylvania, or any

political subdivision of the Commonwealth, except that one

member of the commission may be a member of the board of

[township] commissioners.

Section 628. Organization of Commission; Quorum.--[The

commission first] (a) The first commission appointed shall

organize within ten days of its appointment and shall elect one

of its members as the [chairman] chairperson and one as the

secretary. The commission shall thereafter meet and organize

[on] within 30 days of the first Monday of each even-numbered

year. Each civil service commissioner shall be notified in

writing of each and every meeting.

(b) Three members of the commission shall constitute a

quorum. If, by reason of absence or disqualification of a

member, a quorum is not reached, the [chairman] chairperson

shall designate as many alternate members of the commission to

sit on the commission as may be needed to provide a quorum.

continue to serve on the commission in all proceedings involving

the matter or case for which the alternate was initially

designated until the commission has made a final determination

of the matter or case. Designation of an alternate member

pursuant to this section shall be made on a case-by-case basis

in rotation according to declining seniority among all

alternates.

[No action of the commission shall be valid unless it shall

have the concurrence of at least two members.]

(d) An action by the commission shall only be valid if the

commission has the concurrence of a majority of the quorum.

20190HB2073PN2927 - 61 -

Section 629. Clerks and Supplies; Solicitor.--The township

shall [furnish] provide to the commission, on its requisition,

[such] clerical assistance [as] that may be necessary for the

work of the commission. The township shall provide a suitable

and convenient room for the use of the commission. The

commission shall order from the township the necessary

stationery, postage, printing or supplies[, and the elected and

appointed officials of every such township shall aid the

commission in all proper ways in carrying out the provisions of

this subdivision.]. The commission may appoint a solicitor. The

township shall pay for the solicitor's services to the

commission. The township may place a reasonable limit on the

amount of compensation authorized each year for the services of

the solicitor. The elected and appointed officials of the

township shall aid the commission in carrying out the provisions

of this subdivision.

Section 630. Rules and Regulations.--(a) The commission

shall have power to prescribe, amend and enforce rules and

regulations for carrying into effect the provisions of this

subdivision and shall be governed [thereby. Before any such

rules and regulations are in force, the same shall first be

approved by the township commissioners. When such rules and

regulations have been so approved they shall not be annulled,

amended or added to without the approval of the township

commissioners. All rules and regulations and modifications

thereof shall be printed for public distribution at the expense

of the township.] by the commission's rules and regulations. The

board of commissioners may not promulgate rules and regulations,

or amendments to them, for carrying into effect the provisions

of this subdivision. The board of commissioners may make

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suggestions regarding proposed rules and regulations or

amendments to the rules and regulations to members of the

commission for their consideration. Regardless of whether the

board of commissioners makes suggestions regarding proposed

rules and regulations or amendments to the rules and

regulations, rules and regulations or amendments shall be

approved by the board of commissioners before the effective date

of the rules and regulations or amendments. When the rules and

regulations or amendments have been approved by the board of

commissioners, the rules and regulations or amendments shall not

be abrogated, amended or added to without the approval of the

board of commissioners.

(b) The rules and regulations of the civil service

commission shall reflect any minimum qualifications for police

officers and paid firefighters pertaining to age, educational

background, years of experience and areas of desired special

expertise or certifications adopted by resolution of the board

of commissioners.

regulations shall be made available for public distribution or

open to public inspection in accordance with the act of February

14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

Section 631. Minutes and Records.--The commission shall keep

minutes of its proceedings and records of examinations and other

official actions. All recommendations of applicants for

appointment received by the commission shall be kept and

preserved for a period of five years, and all [such] records and

all written causes of removal filed with the commission, except

as otherwise provided in section 645, shall be subject to

reasonable regulation and open to public inspection in

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accordance with the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law.

Section 632. Investigations.--The commission [shall have

power to make investigations concerning all matters touching the

administration and enforcement of the civil service provisions

of this article and rules and regulations adopted thereunder.

The chairman of the commission is hereby given power to

administer oaths.] may conduct investigations concerning all

matters regarding the administration and enforcement of this

subdivision and rules and regulations promulgated under this

subdivision. The chairperson of the commission may administer

oaths and affirmations in relation to the investigations.

Section 633. Subpoenas.--(a) The commission [shall have

power to] may issue subpoenas over the signature of the

[chairman] chairperson to require the attendance of witnesses

and the production of records and papers pertaining to any

investigation or inquiry. The fees of [such] witnesses for

attendance and travel shall be the same as for witnesses

appearing in the courts and shall be paid from appropriations

for the incidental expenses of the commission.

(b) All officers in public service and employes shall attend

and testify [when] if required to do so by the commission.

[If any person shall refuse or neglect to obey any subpoena

issued by the commission he shall, upon conviction thereof in a

summary proceeding, be sentenced to pay a fine not to exceed one

hundred dollars ($100), and in default of the payment of such

fine and costs shall be imprisoned not to exceed thirty days.

If any person shall refuse or neglect to obey any subpoena

issued by the commission, it may apply by petition to the court

of common pleas of the county for its subpoena requiring the

20190HB2073PN2927 - 64 -

attendance of such persons before the commission or the court,

there to testify and to produce any records and papers

necessary, and in default thereof shall be held in contempt of

court.]

issued by the commission, the individual shall, upon conviction,

be sentenced to pay a fine no less than $250 and no more than

$500. If the individual is in default of the payment of the fine

under this subsection, the individual shall be imprisoned for a

period not to exceed 30 days.

(d) If an individual refuses or neglects to obey a subpoena

issued by the commission, the commission may petition the court

of common pleas of the county to order the individual to appear

before the commission or the court to testify and produce

records and papers as the commission deems necessary. If the

individual refuses to comply with the court's order, the

individual shall be held in contempt of court.

Section 634. Annual Report.--The commission shall make an

annual report to the [township] board of commissioners

containing a brief summary of its work during the year, which

shall be available for public inspection in accordance with the

act of February 14, 2008 (P.L.6, No.3), known as the Right-to-

Know Law.

Section 635. General Provisions Relating to Examinations.--

(a) The commission shall make rules and regulations to be

approved as provided in section 630 [hereof], providing for the

examination of applicants for positions in the police force and

as paid [operators of fire apparatus] firefighters and for

promotions, which rules and regulations shall prescribe the

minimum qualifications of all applicants to be examined and the

20190HB2073PN2927 - 65 -

passing grades. All examinations for positions or promotions

shall be practical in character and shall relate to [such]

matters and include [such] inquiries as will fairly test the

merit and fitness of the [persons] individuals examined to

discharge the duties of the employment sought by them. All

examinations shall be open to all applicants who have the

minimum qualifications required by the rules and regulations.

Each applicant for examination for an original position shall:

(1) be subject to the regulations adopted by the commission;

(2) either before or after [being admitted to the regular

examination held by the commission, be required to submit to]

the written examination, submit to a physical fitness or agility

examination that is job-related and consistent with business

necessity;

(3) if made a conditional offer of employment, be given a

physical and psychological medical examination in accordance

with section 643 [of this act]; and

(4) be subject to a background investigation. Background

investigations may be restricted to those candidates on an

eligibility list or those to be certified to the [township]

board of commissioners for appointment in accordance with

section 638 [of this act].

(a.1) [Each] An applicant for promotion shall be subject to

the regulations adopted by the commission and to examination and

selection in accordance with section 642 [of this act. Physical

fitness or agility examinations that are]. A physical fitness or

agility examination that is job related and consistent with

business necessity and physical and psychological medical

examinations may, but need not, be required for promotions.

(b) Public notice of the time and place of every

20190HB2073PN2927 - 66 -

examination, together with the information as to the kind of

position [or place] to be filled, shall be given by publication

once in a newspaper of general circulation [in the township or

in a newspaper circulating generally in the township] at least

two weeks prior to each examination, and a copy of the notice

shall be prominently posted in the office of the commission or

other public place.

eligibility list containing the names and grades of those who

have passed the examination.

Section 636. Application for Examination.--[Each person

desiring to apply for examination shall file with the commission

a formal application in which the applicant shall state under

oath or affirmation, (a) his full name and residence or post

office address, (b) his citizenship, place and date of birth,

service, (d) his business or employment and his residence for

the past five years, and (e) such other information as may be]

An individual who desires to apply for examination must file

with the commission a formal application in which the applicant

shall provide under oath or affirmation information required by

the commission's rules and regulations showing the applicant's

qualifications for the position for which [he] the applicant is

being examined.

Section 637. Rejection of Applicant; Hearing.--(a) The

commission may refuse to examine or, if examined, may refuse to

certify after examination as eligible, any applicant who:

(1) is found to lack any of the minimum qualifications for

examination prescribed in the rules and regulations adopted for

the position or employment for which [he has applied, or who is

20190HB2073PN2927 - 67 -

physically unfit for the performance of the duties of the

position to which he seeks employment, or who is illegally using

a controlled substance, as defined in section 102 of the

Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802),

or who has been guilty of any crime involving moral turpitude or

of infamous or notoriously disgraceful conduct, or who has been

dismissed from public service for delinquency or misconduct in

office, or who is affiliated with any group whose politics or

activities are subversive to the form of government set forth in

the Constitution and laws of the United States and Pennsylvania.

(b) If any applicant or person is aggrieved by refusal of

the commission to examine or certify the applicant as eligible

after examination, the commission shall, at the request of the

applicant, within ten (10) days appoint a time and place for a

public hearing, with or without counsel, at which time the

commission shall take testimony and review its refusal to

provide examination or certification. The decision of the

commission shall be final.] the applicant has applied;

(2) is physically unfit for the performance of the

duties of the position or employment for which the applicant

has applied;

(3) is illegally using a controlled substance as defined

in (Public Law 91-513, 21 U.S.C. § 802);

(4) has been found guilty of any crime involving moral

turpitude or of infamous or notoriously disgraceful conduct;

(5) has been dismissed from public service for

delinquency or misconduct in office; or

(6) is affiliated with any group which have policies or

engage in activities that are subversive to the form of

government established in Federal or State law.

20190HB2073PN2927 - 68 -

(b) If an applicant is aggrieved by the commission's refusal

to certify the applicant as eligible after an examination or an

individual is aggrieved by the commission's refusal to examine

the individual, the commission shall, at the request of the

applicant or individual aggrieved, set a date, time and place

for a public hearing within 10 days after the receipt of the

request for a public hearing. At the public hearing, the

applicant or individual aggrieved may appear with or without

counsel and the commission shall take testimony and review the

commission's refusal to provide the examination or

certification. The deliberations of the commission regarding the

matter, including interim rulings on evidentiary or procedural

issues, may be held in the nature of a closed executive session.

The commission's disposition of the matter shall constitute

official action which shall occur at a public meeting held

pursuant to 65 Pa.C.S. Ch. 7 (relating to open meetings) and the

commission's decision on the matter shall be final.

Section 638. Eligibility List and Manner of Filling

Appointments.--(a) At the completion of the testing process,

including a physical agility or other [examinations, with the

exception of any background investigations to be conducted after

the establishment of an eligibility list and physical and

psychological medical examinations pursuant to section 643 of

this act,] examination, with the exception of a background

investigation to be conducted after the establishment of an

eligibility list and physical and psychological medical

examination under section 643, the commission shall rank the

candidates who have satisfied the minimum requirements for

appointment on an eligibility list. The eligibility list shall

contain the names of individuals eligible for appointment listed

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from highest to lowest based on their scores on the examinations

administered by the commission and any points for which the

applicant was entitled by virtue of 51 Pa.C.S. Ch. 71 (relating

to veterans' preference). The eligibility list will be valid for

one year from the date the commission formally adopts the

eligibility list. Prior to expiration of the one-year period,

the commission may extend the validity of the eligibility list

for up to an additional twelve (12) months by a majority vote of

the commission at a duly authorized commission meeting. In the

absence of a lawful extension by the commission, the list shall

expire.

[(b) Every position or employment in the police force or as

paid operators of fire apparatus except that of chief of police

or chief of the fire department or equivalent shall be filled

only in the following manner: the township commissioners shall

notify the commission of any vacancy which is to be filled and

shall request the certification of an eligibility list. The

commission shall certify for each existing vacancy from the

eligibility list the names of the three persons who have

received the highest average. The township commissioners shall

make a conditional appointment from the three names certified

based solely on the merits and fitness of the candidates, unless

the township commissioners make objections to the commission

regarding one or more of the certified persons for any of the

reasons stated in section 637 of this subdivision. Should such

objections be sustained by the commission, as provided in

section 637, or if the conditional appointee is determined to be

unqualified in accordance with the procedures set forth in

section 643 of this act, the commission shall strike the name of

the person from the eligibility list and certify the next

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highest name for each name stricken from the eligibility list.

As each subsequent vacancy occurs in the same or another

position, precisely the same procedure shall be followed.]

(b) Except as provided under subsection (c), an original

position or employment in the police force or as a paid

firefighter, except for the chief of police or chief of the fire

department or an equivalent official, shall be filled only in

the following manner:

(1) The board of commissioners shall notify the

commission of a vacancy which is to be filled and shall

request the certification of an eligibility list .

(2) For each vacancy, the commission shall certify three

individuals from the eligibility list, or a fewer number of

individuals if three individuals are not available, who have

received the highest average for the vacancy.

(3) The board of commissioners shall make a conditional

appointment from the certified individuals by the commission

based solely on the merits and fitness of the certified

individuals, unless the board of commissioners objects to the

commission regarding one or more of the certified individuals

for a cause specified under section 637.

(4) If any objections are sustained by the commission

under paragraph (3), or if the conditional appointee is

determined to be unqualified in accordance with the

procedures set forth under section 643, the commission shall

strike the name of the individual from the eligibility list

and certify the next highest individual from names stricken

from the eligibility list .

(b.1) The procedure under subsection (b) shall be used to

fill each subsequent vacancy that occurs in the same or another

20190HB2073PN2927 - 71 -

position.

as a paid [operator of fire apparatus] firefighter which occurs

as a result of retirement, resignation, disability or death may

be filled by the [township] board of commissioners by the

reappointment or reinstatement of a former employe of the police

force or fire department who had previously complied with [the

provisions of] this section. No examination, other than a

physical examination as directed by the [Civil Service

Commission] civil service commission, shall be required in a

case of reappointment or reinstatement to the force or

department with which the employe previously served, except at

the discretion of the [township] board of commissioners or as

otherwise required by law.

(d) In the case of a vacancy in the office of chief of

police or chief of the fire department or equivalent official,

the [township commissioners may nominate a person to the

commission. It shall thereupon become the duty of the commission

to subject the person to a non-competitive examination and if

the person shall be certified by the commission as qualified he

may then be appointed to the position and thereafter shall be

subject to all the provisions of this subdivision.] board of

commissioners may nominate an individual to the commission. The

commission shall subject the nominee to a noncompetitive

examination. If the nominee is certified by the commission as

qualified, the nominee may be appointed to the position and

shall be subject to the provisions of this subdivision.

Section 639. Age; Applicant's Residence.--[No person shall

be eligible to apply for examination unless he is more than

eighteen years of age at the date of application. The

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commissioners may, at their option, accept applications from

non-residents of the township and may, by ordinance, require

non-resident policemen and firemen to become residents of the

township after appointment to such positions.] No individual

shall be eligible to apply for examination unless the individual

is at least 18 years of age at the date of application. The

board of commissioners may accept applications from nonresidents

of the township and may require nonresident police officers and

nonresident paid firefighters to become residents of the

township after appointment to the positions. The rules and

regulations of the civil service commission shall reflect the

residency requirements of the board of commissioners or a

collective bargaining agreement or award.

Section 640. [Probation Period.--All original appointments

to any position in the police force or as paid operators of fire

apparatus] Probationary Period.--(a) An original appointment to

a position in the police force or as a paid firefighter shall be

for a probationary period of not less than six months and not

more than one year, but during the probationary period an

appointee may be dismissed only for a cause specified in section

637 [of this act] or because of incapacity for duty due to the

use of alcohol or drugs. [If at the close of a probationary

period the conduct or fitness of the probationer has not been

satisfactory to the township commissioners, the probationer

shall be notified in writing that he will not receive a

permanent appointment, and the appointment shall cease. If the

probationer is not notified or dismissed in accordance with this

section, his retention shall be equivalent to a permanent

appointment.]

(b) If, at the close of a probationary period, the conduct

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or fitness of the probationer has not been satisfactory to the

board of commissioners, the probationer shall be notified in

writing that the probationer will not receive a permanent

appointment and the appointment shall cease . If the probationer

is not notified or dismissed in accordance with this section,

the probationer's retention shall be equivalent to a permanent

appointment.

probationer shall be final and shall not be subject to the

hearing provisions under section 645. The decision of a township

to suspend or discharge a probationer shall be rendered in

accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).

Section 641. Provisional Appointments.--[Whenever there are

urgent reasons for the filling of a vacancy in any position in

the police force and there are no names on the eligible list for

such appointment, the township commissioners may nominate a

person to the commission for non-competitive examination and if

such nominee shall be certified by the commission as qualified

after such non-competitive examination he may be appointed

provisionally to fill such vacancy. It shall thereupon become

the duty of the commission within three weeks to hold a

competitive examination and certify a list of eligibles and a

regular appointment shall then be made from the name or names

submitted by the commission: Provided, however, That nothing

herein contained shall prevent the appointment without

examination of persons temporarily as police officers in cases

of riot or other emergency or of operators of fire apparatus in

emergency cases.] (a) If there are urgent reasons for the

filling of a vacancy in a position in the police force and there

are no names on the eligibility list for the appointment, the

20190HB2073PN2927 - 74 -

board of commissioners may nominate an individual to the

commission for a noncompetitive examination. If the nominee is

certified by the commission as qualified after the

noncompetitive examination, the nominee may be provisionally

appointed to fill the vacancy.

(b) Within 90 days of the provisional appointment under

subsection (a), the commission shall hold a competitive

examination, certify an eligibility list and make a regular

appointment to the position in accordance with section 638 from

the names submitted by the commission. Nothing in this section

shall be construed to prevent the appointment without an

examination of individuals temporarily as police officers in

cases of riot or other emergencies or firefighters in emergency

cases.

Section 642. Promotions.--[Promotions in the police force or

fire department shall be based on merits to be ascertained by

examinations to be prescribed by the commission. All questions,

relative to promotions shall be practical in character and such

as will fairly test the merit and fitness of persons seeking

promotion. The township] (a) A promotion shall be based on

merit to be ascertained by an examination to be prescribed by

the commission. All questions relative to a promotion shall be

practical in character and fairly test the merit and fitness of

individuals seeking promotion.

(b) The board of commissioners shall notify the commission

of a vacancy on the police force or fire department which is to

be filled by promotion and shall request the certification of an

eligibility list.

of [the three persons] three individuals on the eligibility list

20190HB2073PN2927 - 75 -

who have received the highest average in the last promotion

examination held within a period of two years preceding the date

of the request for the eligibility list. If three names are not

available, the commission shall certify the names remaining on

the eligibility list. The [township] board of commissioners

shall make an appointment from the names certified, based solely

on the merits and fitness of the candidate, unless the

[township] board of commissioners make objections to the

commission regarding any [person] individual on the eligibility

list for any reason provided under section 637.

[The township commissioners shall have power to]

(d) The board of commissioners may determine in each

instance whether an increase in salary [shall constitute]

constitutes a promotion.

Section 643. Physical and Psychological Medical

Examinations.--(a) An applicant selected from the eligibility

list shall receive a conditional offer of employment. The offer

of employment shall be conditioned upon the conditional employee

undergoing a physical and psychological medical examination and

a determination that the conditional employee is capable of

performing all the essential functions of the position. Physical

medical examinations shall be conducted under the direction of a

physician or other qualified medical professional. Psychological

medical examinations shall be conducted under the direction of a

psychiatrist or psychologist.

(b) The physician [or], other qualified medical professional

[and the], psychiatrist or psychologist shall be appointed by

the [township] board of commissioners and shall render an

opinion as to whether the conditional appointee has a physical

or mental condition which calls into question the [person's]

20190HB2073PN2927 - 76 -

individual's ability to perform all of the essential functions

of the position for which the [person] individual was

conditionally appointed.

qualified medical professional, psychiatrist or psychologist

calls into question the conditional appointee's ability to

perform all essential functions of a position, [a person] an

individual designated by the [township] board of commissioners

shall meet with the conditional appointee for the purpose of

having one or more interactive discussions on whether the

conditional appointee can, with or without reasonable

accommodation, perform all the essential functions of the

position.

(d) If, at the conclusion of the interactive discussion

conducted under subsection (c), the [township] board of

commissioners determine that the conditional appointee is not

qualified, the [township] board of commissioners shall give

written notice to the conditional appointee and the [Civil

Service Commission] commission.

(e) Nothing in this [act] subdivision shall be construed to

authorize physical or psychological medical examinations prior

to conditional appointment.

(f) As used in this section, the following [definitions

shall apply] words and phrases shall have the meanings given to

them in this subsection unless the context clearly indicates

otherwise:

"Medical examination" shall mean any examination, procedure,

inquiry or test designed to obtain information about medical

history or a physical or mental condition which might disqualify

an applicant if it would prevent the applicant from performing,

20190HB2073PN2927 - 77 -

with or without a reasonable accommodation, all of the essential

functions of the position.

["Physician" shall have the meaning given to it in 1 Pa.C.S.

§ 1991 (relating to definitions).]

"Qualified medical professional" shall mean an individual, in

collaboration with or under the supervision or direction of a

physician, as may be required by law, who is licensed:

(1) as a physician assistant pursuant to the act of December

20, 1985 (P.L.457, No.112), known as the "Medical Practice Act

of 1985," or the act of October 5, 1978 (P.L.1109, No.261),

known as the "Osteopathic Medical Practice Act"; or

(2) as a certified registered nurse practitioner pursuant to

the act of May 22, 1951 (P.L.317, No.69), known as "The

Professional Nursing Law."

Section 644. Removals.--(a) [No person] An individual

employed in [any] a police or fire force of [any] a township

[shall] may not be suspended without pay, removed or [reduced in

rank] demoted except for the following reasons:[(1) physical or

mental disability affecting his ability to continue in service,

in which cases the person shall receive an honorable discharge

from service; (2) neglect or violation of any official duty; (3)

violation of any law of this Commonwealth which provides that

such violation constitutes a misdemeanor or felony; (4)

inefficiency, neglect, intemperance, disobedience of orders, or

conduct unbecoming an officer; (5) intoxication while on duty;

(6) engaging or participating in conducting of any political or

election campaign otherwise than to exercise his own right of

suffrage, except that this clause shall only apply to a police

officer while on duty or in uniform or while using any township

property. A police officer may also be suspended, removed or

20190HB2073PN2927 - 78 -

reduced in rank for engaging or participating in the conduct of

any political or election campaign for an incompatible office

pursuant to section 1401. A person so employed shall not be

removed for religious, racial or political reasons. A written

statement of any charges made against any individual so employed

shall be furnished to such individual within five days after the

same are filed with the commission.]

(1) Physical or mental disability affecting the

individual's ability to continue in service, in which case

the individual shall receive an honorable discharge from

service.

(2) Neglect or violation of any official duty.

(3) Violation of any law of this Commonwealth, if the

violation constitutes a misdemeanor or felony.

(4) Inefficiency, neglect, intemperance, disobedience of

orders or conduct unbecoming an officer.

(5) Intoxication while on duty.

(6) Engaging or participating in the conduct of a

political or election campaign otherwise than to exercise the

individual's own right of suffrage, except that this clause

shall only apply to a police officer while on duty or in

uniform or while using township property.

(7) Engaging or participating in the conduct of a

political or election campaign for an incompatible office

under section 1401.

(a.1) An individual employed by a police or fire force may

not be removed for religious, racial or political reasons.

(a.2) A written statement of charges made against an

individual employed shall be furnished to the individual within

five days after the same statement of charges are filed with the

20190HB2073PN2927 - 79 -

commission. The individual shall have 10 days from the date of

receiving the notice to submit a written request for a hearing

to the commission under section 645.

(b) If, for reasons of economy or other reasons, it shall be

deemed necessary by [any] a township to reduce the number of

paid employes of the police or fire force, [then such] the

township shall furlough the [person or persons, including

probationers,] individual, including a probationer, last

appointed to the respective force. [Such] The removal shall be

accomplished by furloughing in numerical order commencing with

the [person] individual last appointed until [such] the

reduction shall have been accomplished. [In the event the said]

If the police or fire force shall again be increased, the

employes furloughed shall be reinstated in the order of their

seniority in the respective service. [The provisions of this

paragraph as to reductions in force shall not apply to any chief

of police.] This subsection as to reductions in force is not

applicable to a chief of police or fire chief.

Section 645. Hearings on Dismissals and [Reduction.--If the

person] Demotions.--(a) An individual suspended, removed or

[reduced in rank shall demand a hearing by the commission, the

demand shall be made to the commission. Such person] demoted may

make written answers to [any] charges filed against [him] the

individual not later than the day [fixed for hearing. The

commission shall grant him] scheduled for the hearing. The

commission shall grant the individual a hearing which shall be

held within a period of ten days from the filing of written

charges [in writing], unless continued by the commission for

cause at the request of the [township] board of commissioners or

the accused. The failure of the commission to hold a hearing

20190HB2073PN2927 - 80 -

within ten days from the filing of the written charges shall not

result in the dismissal of the charges filed.

(b) At [any such hearing, the person] a hearing, the

individual against whom the charges are made may be present in

person and by counsel. The [township] board of commissioners, or

the chief of police or fire chief, as applicable, when the

[township] board of commissioners [are] is not in session, may

suspend [any such person] the individual without pay pending the

determination of the charges against [him] the individual, but

[in the event] if the commission fails to uphold the charges,

[then] the [person] individual sought to be suspended, removed

or demoted shall be reinstated with full pay for the period

during which [he] the individual was suspended, removed or

demoted, and no charges shall be officially recorded against

[his] the individual's record.

A stenographic record of all testimony taken at [such] the

hearings shall be filed with and preserved by the commission,

which record shall be sealed and not be available for public

inspection [in the event] if the charges are dismissed.

[In the event the commission shall sustain the charges and

order the suspension, removal or reduction in rank, the person

suspended, removed or reduced in rank]

court of common pleas of the county, and the case shall there be

determined as the court deems proper. No order of suspension

made by the commission shall be for a longer period than one

year. [Such] The appeal shall be taken within [sixty] 30 days

from the date of entry by the commission of its final order and

shall be by petition. Upon [such] the appeal being taken and

docketed, the court of common pleas shall [fix] schedule a day

20190HB2073PN2927 - 81 -

for a hearing and shall proceed to hear the appeal on the

original record and [such] additional proof or testimony as the

parties concerned may desire to offer in evidence. The decision

of the court affirming or reversing the decision of the

commission shall be final and the employe shall be suspended,

discharged, demoted or reinstated in accordance with the order

of the court.

[The township commissioners and the person]

(d) The board of commissioners and the individual sought to

be suspended, removed or demoted shall at all times have the

right to employ counsel before the commission and upon appeal to

the court of common pleas. Unless the board of commissioners or

the individual sought to be suspended, removed or demoted

requests that the proceedings before the commission be open to

the public, the proceedings before the commission under this

section shall be held in the nature of a closed executive

session that shall not be open to the public. The request shall

be presented to the commission before the civil service hearing

commences. The deliberations of the commission, including

interim rulings on evidentiary or procedural issues, may be held

in private and shall not be subject to a request for being open

to the public by the board of commissioners or the individual

sought to be suspended, removed or demoted. The commission's

disposition of the disciplinary action shall constitute official

action which shall occur at a public meeting held under 65

Pa.C.S. Ch. 7 (relating to open meetings).

(e) In any case in which a police officer or firefighter who

is a member of a bargaining unit is subject to suspension,

discharge or discipline, the police officer or firefighter shall

have the option of challenging the suspension, discharge or

20190HB2073PN2927 - 82 -

discipline imposed by using the procedures provided in this

section or by a proceeding in grievance arbitration. A choice to

proceed either by the procedures provided for in this section or

by grievance arbitration shall foreclose the opportunity to

proceed in the alternative method.

Section 646. Present Employes Exempted.--All appointments in

the police or fire forces of townships, including the chief of

police or equivalent official, [upon the effective date of this

act] prior to the creation of a commission, shall continue to

hold their positions and shall not be required to take any

examination under the provisions of this act except [such as]

that which may be required for promotion[: Provided, however,

That this]. This section shall not be construed to apply to

[persons] individuals employed temporarily in emergency cases.

Section 647. Discrimination [on Account of Political or

Religious Affiliations.--No question in any form of application

for examination or in any examination shall be so framed as to

elicit information concerning the political or religious

opinions of any applicant nor shall inquiry be made concerning

such opinion or affiliations and all disclosures thereof shall

be discountenanced.] Prohibited.--(a) No question in a form of

application for examination or in an examination or inquiry

shall be so framed as to elicit information from an applicant in

violation of Federal or State antidiscrimination laws, such as

the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241)

or the act of October 27, 1955 (P.L.744, No.222), known as the

Pennsylvania Human Relations Act. All disclosures by an

applicant of information protected by antidiscrimination laws

shall be ignored.

(b) No discrimination shall be exercised, threatened or

20190HB2073PN2927 - 83 -

promised by [any] a person against or in favor of [any] an

applicant or employe [because of political or religious opinions

or affiliations or race,] in violation of Federal or State

antidiscrimination laws, such as the Civil Rights Act of 1964 or

the Pennsylvania Human Relations Act, and no offer or promise of

reward, favor or benefit, directly or indirectly, shall be made

to or received by [any person] an individual for [any] an act

done or duty omitted or to be done under this subdivision [of

this article].

Section 648. Penalty.--[Any township commissioner who by his

vote causes to be appointed any person to the police force or as

a fire apparatus operator contrary to the provisions of this

subdivision, or any township commissioner or member of the civil

service commission who wilfully refuses to comply with or

conform to the provisions of this subdivision, shall be deemed

guilty of a misdemeanor and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding one hundred dollars ($100)

or suffer imprisonment not exceeding three months, or both.] A

township commissioner who, by vote, appoints an individual to

the police force or as a firefighter contrary to the provisions

of this subdivision, or a township commissioner or member of the

commission who willfully refuses to comply with or conform to

the provisions of this subdivision, commits a misdemeanor and,

upon conviction, shall be sentenced to pay a fine not exceeding

five hundred dollars ($500) or to imprisonment not exceeding

ninety days, or both.

Section 34. Section 649 of the act is repealed:

[Section 649. Salaries of Civil Service Commission.--The

civil service commissioners of townships shall receive no

compensation.]

20190HB2073PN2927 - 84 -

Section 35. Sections 650, 701, 702, 703, 704, 801-A, 802-A,

803-A, 805-A, 806-A, 801-B, 901, 901.1, 902 and 903 of the act

are amended to read:

Section 650. Police Force and [Fire Apparatus Operators]

Firefighters Defined.--(a) Police force as used in this

subdivision shall mean a police force organized and operating as

prescribed by law, the members of which devote their normal

working hours to police duty or duty in connection with the

bureau, agencies and services connected with police protection

work and who are paid a stated salary or compensation for [such]

the work by the township.

[Fire apparatus operators as used in this subdivision shall

mean any person who operates fire apparatus and devotes his

normal working hours to operating any piece of fire apparatus or

other services connected with fire protection work and who is

paid a stated salary or compensation for such work done by the

township.]

(b) Firefighter as used in this subdivision shall mean an

individual who operates fire apparatus and devotes the

individual's normal working hours to operating a piece of fire

apparatus or other services connected with fire protection work

and who is paid a stated salary or compensation for the work

done by the township.

Section 701. Organization; Failure to Organize.--[The

township] (a) The board of commissioners shall organize on the

first Monday of January of each even-numbered year. If the first

Monday is a legal holiday the meeting shall be held the [first

day following. They shall assemble for such purpose at their

place of meeting at a time convenient to the governing body.

Until otherwise designated by ordinance, the place of meeting

20190HB2073PN2927 - 85 -

shall be the oldest polling place in the township.

The] following day. The board of commissioners shall assemble

for the organization meeting at their place of meeting at a time

convenient to the governing body.

(b) At the organization meeting, the board shall [organize

by the election of one of their number as president and one as

a] elect one member as president and one as vice-president, who,

as long as they continue to be commissioners, shall hold office

until their successors are elected and qualified. The president,

or, in [his] the president's absence, the vice-president, shall

preside at all meetings of the board, and perform [such] other

duties as are specified in this act or which may be prescribed

by ordinance.

If a majority of [the commissioners shall not attend at] the

board of commissioners do not attend the organization meeting,

those present may adjourn the meeting from day to day until a

majority attend.

fail] board of commissioners of a township fails to organize

within ten days from the time prescribed by this section, the

court of [quarter sessions] common pleas, upon the petition of

at least ten registered electors, verified by the affidavit of

one of the petitioners, shall issue a rule upon the delinquent

commissioners to show cause why their seats should not be

declared vacant. The rule shall be returnable not less than five

days from the time of its issue, and after hearing, the court

may declare the seats of [any delinquent vacant, and appoint

others in their stead] the members of the board responsible for

the failure to organize vacant, and shall appoint others in

their place to hold office for the respective unexpired terms.

20190HB2073PN2927 - 86 -

[The meeting under this section may be considered as a

regular monthly meeting for the transaction of such business as

comes before it. The first order of business at this meeting

shall be organization of the board. Any action taken or business

transacted other than organization of the commissioners as a

board at any organization meeting held prior to the effective

date of this amending act, which is invalid for the reason that

the action was taken or business transacted at an organization

meeting, is hereby validated and confirmed.]

(d) The organization meeting under this section may be

considered a regular monthly meeting for the transaction of

business that may come before the board of commissioners. The

first order of business at this meeting shall be organization of

the board. The board of commissioners may, at the organization

meeting, appoint other officers as may be provided for by law or

ordinance, or as may be deemed necessary for the conduct of

affairs of the township.

Section 702. Monthly Meetings, Quorum, Voting.--(a) The

board of [township] commissioners shall meet at least once a

month, at [such time and such place as may be] a time and place

designated by ordinance.

(b) A majority of the members of the board of commissioners

shall constitute a quorum. Except as provided in subsection

(b.1)(1)(i), only members of the board of commissioners

physically present at a meeting place within the township shall

be counted in establishing a quorum.

(b.1) Telecommunication.--

(1) The board of commissioners may, pursuant to an

established telecommunications policy and as provided in

paragraph (2), provide for the participation of members of

20190HB2073PN2927 - 87 -

the board in township meetings by means of telecommunication

devices, such as telephones or computer terminals, which

permit, at a minimum, audio communication between locations,

if the following apply:

(i) A majority of the members of the board is

physically present at the advertised meeting place within

the township and a quorum is established at the convening

or reconvening of the meeting. If, after the convening or

reconvening of a meeting, a member of the board has been

disqualified from voting as a matter of law, but is still

physically present, members of the board participating by

telecommunication device in accordance with this section

shall be counted to maintain a quorum.

(ii) The telecommunication device used permits the

member or members of the board not physically present at

the meeting to:

(A) speak to and hear the comments and votes, if

any, of the members of the board who are physically

present, as well as other members of the board who

may not be physically present and are also using a

telecommunication device to participate in the

meeting; and

(B) speak to and hear the comments of the public

who are physically present at the meeting.

(iii) The telecommunication device used permits the

members of the board and the members of the public who

are physically present at the meeting to speak to and

hear the comments and the vote, if any, of the member or

members of the board who are not physically present at

the meeting.

20190HB2073PN2927 - 88 -

(2) Any changes to the board of commissioner's

established telecommunications policy shall become effective

no sooner than thirty days following the vote to change the

policy.

(3) Nothing in this subsection shall be construed to

limit the protections and prohibitions contained in any law

or regulation relating to the rights of the disabled.

voting on any issue before the board solely because the member

had previously expressed an opinion on the issue in either an

official or unofficial capacity.

Section 703. Compensation.--[Each township commissioner may

receive a salary, established by ordinance, of not more than one

thousand eight hundred seventy-five dollars per year in

townships having a population of less than five thousand, not

more than two thousand five hundred dollars per year in

townships having a population of five thousand or more but less

than ten thousand, not more than three thousand two hundred

fifty dollars per year in townships having a population of ten

thousand or more but less than fifteen thousand, not more than

four thousand one hundred twenty-five dollars per year in

townships having a population of fifteen thousand or more but

less than twenty-five thousand, not more than four thousand

three hundred seventy-five dollars per year in townships having

a population of twenty-five thousand or more but less than

thirty-five thousand, and not more than five thousand dollars

per year in townships having a population of thirty-five

thousand or more. Such salaries shall be payable monthly or

quarterly for the duties imposed by the provisions of this act.

Benefits provided to the commissioners under section 1502(LXIII)

20190HB2073PN2927 - 89 -

shall not be considered pay, salary or compensation; but payment

for all or a part of the premiums or charges for the benefits

shall be in accordance with section 1502(LXIII).] (a) Each

township commissioner may receive a salary, established by

ordinance, as follows:

(1) In townships with a population of less than 5,000, a

maximum of $3,145 per year.

(2) In townships with a population of 5,000 or more but

less than 10,000, a maximum of $4,190 per year.

(3) In townships with a population of 10,000 or more but

less than 15,000, a maximum of $5,450 per year.

(4) In townships with a population of 15,000 or more but

less than 25,000, a maximum of $6,915 per year.

(5) In townships with a population of 25,000 or more but

less than 35,000, a maximum of $7,335 per year.

(6) In townships with a population of 35,000 or more but

less than 45,000, a maximum of $8,385 per year.

(7) In townships with a population of 45,000 or more, a

maximum of $210 per year per 1,000 residents or fraction of

1,000.

The salaries shall be payable monthly or quarterly for the

duties imposed by this act. Benefits provided to the

commissioners under section 1502.39 shall not be considered pay,

salary or compensation, but payment for all or a part of the

premiums or charges for the benefits shall be in accordance with

section 1502.39.

(a.1) Notwithstanding subsection (a), the board of

commissioners may provide for a member of the board of

commissioners to receive compensation on a per-meeting basis

based on attendance of board members. Total annual compensation

20190HB2073PN2927 - 90 -

may not exceed the amounts specified in subsection (a).

Compensation shall only be payable for duly advertised public

meetings in which a member of the board of commissioners

participated. If the board of commissioners has provided that

board members shall receive compensation on a per-meeting basis,

the board of commissioners may provide for the forfeiture of up

to one-twelfth (1/12) of the annual compensation of a board

member or impose another appropriate penalty for each unexcused

absence from a regularly scheduled meeting.

(b) The population shall be determined by the latest

available official census figures[, except that no]. No township

shall be required to reduce the salary of a commissioner as a

result of a decrease in population [or when an increase in

salary is authorized pursuant to this section, the increase may

be applied to the amount of the salary of the commissioner at

the time such an increase is enacted by the board of

commissioners.]. Any change in salary, compensation or

emoluments of the elected office shall become effective at the

beginning of the next term of the township commissioner.

Section 704. Reports to Auditors.--[The township

commissioners shall annually, on or before the first day of

February, furnish to the township auditors such accurate

information concerning the construction, reconstruction,

maintenance and repair of the streets and the purchase of

equipment and machinery and road mileage as may be required to

enable the auditors to make the annual township report

hereinafter prescribed.] The board of commissioners shall

annually, on or before the first day of February, furnish to the

township auditors information concerning the construction,

reconstruction, maintenance and repair of streets or other

20190HB2073PN2927 - 91 -

matters that may be required by a department of the Commonwealth

to be included in the annual township report.

Section 801-A. Township treasurer.

(a) Appointment.--The board of [township] commissioners

shall appoint a township treasurer, who may be the elected tax

collector or an employee of the township, to serve at the

pleasure of the board of [township] commissioners. The township

treasurer shall not be a member of the board of commissioners.

(b) Compensation.--The board of [township] commissioners

shall determine the compensation of the township treasurer.

Notwithstanding section 34 of the act of May 25, 1945 (P.L.1050,

No.394), known as the "Local Tax Collection Law," a township

treasurer who is the elected tax collector of the township may

receive a salary, compensation or emoluments of office for the

treasurer's work.

perform the duties of office or fails to appoint a deputy

treasurer, the board of township commissioners may appoint a

deputy treasurer to serve until the treasurer is again able to

perform the duties of his office. The deputy treasurer shall be

bonded for the same amount as the township treasurer when acting

in the capacity of township treasurer. The board of township

commissioners shall determine the compensation of the deputy

treasurer.]

(1) The township treasurer shall, within 60 days of the

treasurer's appointment, nominate to the board of

commissioners a person to be appointed by the board as the

deputy treasurer. The board may, subject to the nominated

person meeting the bonding qualifications in paragraph (3),

appoint the nominated person as the deputy treasurer.

20190HB2073PN2927 - 92 -

(2) The deputy treasurer shall have the rights and

powers and shall perform the duties of the township treasurer

if the township treasurer is unable to perform the duties of

office due to sickness, absence or inability to act. If the

township treasurer is unable to perform the duties of office

and has failed to nominate a person for appointment as the

deputy treasurer, the board of commissioners may appoint a

deputy treasurer. The deputy treasurer shall serve until the

township treasurer is again able to perform the duties of the

office.

(3) The deputy treasurer shall be bonded for the same

amount, and in the same manner pursuant to section 802-A, as

the township treasurer when acting in the capacity of

township treasurer. The board of commissioners shall

determine the compensation of the deputy treasurer.

Section 802-A. Treasurer's and deputy treasurer's bond.

(a) Requirements for bond.--The township treasurer shall,

before entering upon the duties of office, give a fidelity bond

to the [Commonwealth] township in an amount [prescribed]

established by ordinance or resolution and at least equal to 50%

of the amount of township funds estimated by the board of

[township] commissioners to be available to the township

[treasurers] treasurer at any time during the current year. The

bond shall be [subscribed] provided by a surety company or

companies duly authorized to do business in this Commonwealth.

The bond given by the treasurer shall be conditioned on the

faithful performance of the duties as stated in section 803-A.

The treasurer shall not, in any event, be required to give bond

or bonds aggregating an amount in excess of the taxes to be paid

over to [him] the treasurer by the tax collector. The bonding

20190HB2073PN2927 - 93 -

requirements of this section shall also apply to the deputy

treasurer.

(b) Insurance in lieu of bond.--In lieu of the bond required

for the faithful performance by the township treasurer or deputy

treasurer of official duties other than those of tax collector,

the board of commissioners may purchase insurance as provided in

section 602(b).

Section 803-A. Treasurer's duties.

The township treasurer shall:

(1) Receive all [moneys] money due the township and

promptly deposit [them] the money in a designated depository

in the name of the township.

(2) Keep distinct and accurate accounts of all sums

received from taxes and other sources, which accounts shall

be open to the inspection of the board of commissioners,

township auditor or controller.

(3) Annually [state] submit the accounts [with the books

and vouchers for audit by the township auditors or

controller.] to the township auditors or controller for

audit.

(4) Pay out all [moneys] money of the township only on

[orders] direction by the board of commissioners, upon an

order signed by the president or vice president and attested

by the secretary or assistant secretary of the board and

designating the appropriation out of which the [orders shall

be paid. The signature of the president or vice president may

be by facsimile signature.] order shall be paid. The order

shall not be executed unless there is money available in the

treasury. The following apply:

(i) Nothing in this act shall be construed to

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preclude the use of electronic signatures and

transactions to the extent authorized by the act of

December 16, 1999 (P.L.971, No.69), known as the

"Electronic Transactions Act," or any other law.

(ii) When a treasurer pays out [moneys] money except

upon orders or pays [moneys] money in excess of the

appropriation, [he] the treasurer shall receive no credit

in the settlement of [his] the treasurer's accounts for

those amounts, nor shall [he] the treasurer have any

claim or right of action against the township.

(5) Preserve the account books, papers, documents and

other [things held in right of his] records of the office and

turn them over to the successor in office.

(6) Pay over to the successor any balance in money

remaining in [his hands] the treasurer's accounts or charged

against [him] the treasurer in the settlement of [his] the

treasurer's accounts.

Section 805-A. Use of special funds; penalty.

When [any moneys are] money is collected for [any] a special

purpose, [no] a township treasurer or township commissioner may

not apply [those moneys] that money to any purpose other than

that for which [they were] it was collected. Every

misapplication shall be a misdemeanor of the third degree, and,

in addition to the fine or penalty which may be imposed upon

conviction, the defendant shall be required to pay restitution

in the amount of [moneys] money improperly spent.

Section 806-A. Depositories of township funds.

The following shall apply:

(1) The board of [township] commissioners shall

designate by resolution a depository or depositories for

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township funds. [Any funds] Funds deposited with [any] a

banking institution of this Commonwealth shall be insured

with the Federal Deposit Insurance Corporation or the

National Credit Union Share Insurance Fund or their successor

agencies, to the extent that accounts are so insured. The

designation is valid for a period of one year or until

another depository or other depositories are designated by

similar action of the board of [township] commissioners.

(2) The depository or depositories shall be banks,

banking institutions or trust companies located in this

Commonwealth.

(3) The depository or depositories shall not be required

to furnish bond or collateral security to cover the amount of

any deposit to the extent that the same is insured [with the

Federal Deposit Insurance Corporation] as provided in

paragraph (1).

(4) The township treasurer or deputy treasurer shall,

upon the designation of the depository or depositories by the

board of [township] commissioners, immediately transfer

[thereto] to the depository or depositories the township

funds and after that make deposits solely in the depository

or depositories in the name of the township.

(5) [No township treasurer or deputy treasurer complying

with the provisions of this section, nor his surety or

sureties, shall be chargeable with losses] The township

treasurer or deputy treasurer, acting in accordance with law,

shall not be liable for the loss of township funds caused

solely by the [failure] insolvency or negligence of the

depository or depositories.

[(6) The depository or depositories shall furnish a bond

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to secure payment of deposits of township funds and any

interest to the township, with a proper warrant to confess

judgment in favor of the township, secured by a surety

company or individual sureties to be approved by the board of

commissioners, or deposit obligations of the United States,

or the Commonwealth of Pennsylvania or any political

subdivision thereof, to secure the payment of township

deposits and any interest thereon. Such surety bonds shall be

in a sum, to be fixed by ordinance or resolution, at least

equal to the probable greatest amount of such deposit at any

one time. The market value of deposit bonds shall be, at all

times, at least equal to 120% of the amount of township funds

to be secured. Such deposit bonds shall be accompanied by

proper assignments or powers of attorney to transfer the

same. In the event of the failure of the depository to pay to

the township the full amount of such deposit and interest

thereon, bonds and the proceeds of sale thereof shall belong

to the township until it shall receive therefrom the full

amount of such deposits and interest thereon, and the

township shall have a prior standing as respects such bonds

and be in all respects preferred to any and all claims except

such as have heretofore been preferred by law.]

(6) The following apply:

(i) The designated depositories shall, upon receipt

of notice of their selection as a depository of township

funds, collateralize deposits of public funds in

accordance with the act of August 6, 1971 (P.L.281,

No.72), entitled, "An act standardizing the procedures

for pledges of assets to secure deposits of public funds

with banking institutions pursuant to other laws;

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establishing a standard rule for the types, amounts and

valuations of assets eligible to be used as collateral

for deposits of public funds; permitting assets to be

pledged against deposits on a pooled basis; and

authorizing the appointment of custodians to act as

pledgees of assets ," which authorizes financial

institutions to pledge collateral in an account in the

name of the township or utilize a letter of credit from

the Federal Home Loan Bank, to secure public deposits in

excess of Federal Deposit Insurance Corporation insurance

limits. The depository shall provide a monthly report

within 15 days after the end of each month to the board

of commissioners in accordance with the reporting

requirements in the act of August 6, 1971 (P.L.281,

No.72) , including the composition of the collateral and

related market value.

(ii) Townships may elect to require that

depositories must pledge collateral in an account in the

name of the township to collateralize deposits above the

Federal Deposit Insurance Corporation limit. These

accounts may be custodied with the depository's trust

department or at a third-party financial institution. The

arrangement with the depository may be governed by a

written agreement, approved by the board of directors or

loan committee of the depository, with approval reflected

in the minutes of the board or committee, which are kept

continuously as an official record of the depository, and

include the following if collateral is pledged instead of

a Federal Home Loan Bank Letter of Credit:

(A) Collateral shall be marked to market no less

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frequently than weekly.

(B) Collateral shall be in investments as

prescribed in the investment program provided by the

board of investment or board of commissioners.

custodian, the pledged collateral shall be held in a

separate account established under the act of August

6, 1971 (P.L.281, No.72) , in the depository's trust

department.

(D) The market value of the pledged collateral

shall be at least 102% of the township's deposits in

excess of federally insured limits.

(E) A monthly report shall be provided as

specified in subparagraph (i).

Section 801-B. Powers and duties of tax collector.

(a) Collection of taxes required.--The township tax

collector shall collect all county, institution district,

township, school and other taxes levied within [such] the

townships by authorities authorized to levy taxes.

(b) Collection of taxes permitted.--

(1) The tax collector may also be designated in the tax-

levying ordinance or resolution or be employed by the tax-

levying authority to collect taxes levied under the act of

December 31, 1965 (P.L.1257, No.511), known as The Local Tax

Enabling Act.

(2) No such ordinance or resolution may authorize the

collection of income taxes in a manner other than as provided

in Chapter 5 of The Local Tax Enabling Act.

duties and responsibilities under this act, the tax collector

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shall exercise all the powers and perform all the duties and be

subject to all the obligations and responsibilities for the

collection of taxes as are conferred upon tax collectors by law.

Section 901. [Election of Secretary; Salary.--The board of

commissioners in townships shall elect a secretary, who must not

be a member of the board. He shall act as secretary of the

board, shall be the official keeper of the minutes, and shall

perform such other duties as are prescribed by ordinance or

resolution of the board. He shall provide suitable books, the

cost of which shall be paid out of the township funds, wherein

he shall enter all matters of which he is required to keep a

record. His salary shall be fixed by ordinance or resolution.]

Appointment of Secretary and Salary.--The board of commissioners

shall appoint a secretary, to serve at the pleasure of the board

and who shall not be a member of the board. The secretary shall

act as secretary of the board. The secretary's salary shall be

fixed by ordinance or resolution.

Section 901.1. Assistant Secretary.--[Every board of

township commissioners may, by resolution, appoint an assistant

secretary who shall, in the absence or disability of the

secretary, perform the duties and exercise the powers of the

secretary. The compensation of such an assistant secretary shall

be determined by the board of township commissioners and he

shall give bond in such an amount as required by the said board

of commissioners. The assistant secretary may be appointed from

the membership of the board of township commissioners but shall

not be any other officer thereof and when so appointed, shall

not receive compensation for such services and shall be bonded.]

The board of commissioners may, by resolution, appoint an

assistant secretary. The assistant secretary shall assist the

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secretary in the performance of the secretary's duties and, in

the absence or disability of the secretary, perform the duties

and exercise the powers of the secretary. The compensation of an

assistant secretary shall be determined by the board of

commissioners, and the assistant secretary shall be required to

give bond in an amount as required by the board of

commissioners. The assistant secretary may be appointed from the

membership of the board of commissioners but shall not be any

other officer of the board. If a member of the board of

commissioners is appointed as the assistant secretary, the

appointed member shall not receive compensation for the services

and shall be bonded.

Section 902. Duties[;] and Penalty.--(a) The secretary of a

township shall [keep a record of the appropriations made by the

township commissioners and the amounts chargeable thereto. He

shall furnish to any person, so requesting, a statement showing

the amount available for future charges against any appropriated

fund. Any secretary who shall knowingly and wilfully furnish an

incorrect statement shall, upon conviction thereof in a summary

proceeding, be sentenced to pay a fine of not more than three

hundred dollars and in default of the payment of such fine and

costs of prosecution shall be imprisoned for thirty days.]:

(1) Record the proceedings of the board of

commissioners.

(2) Preserve the minutes and other records and documents

of the township and turn them over to the successor in

office.

(3) Record appropriations made by the board of

commissioners and the amounts charged to each appropriation.

(4) Perform other duties as required by law or the board

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of commissioners.

(b) The township shall furnish the secretary with the

necessary equipment and supplies as are necessary for the

conduct of the office, which shall be and remain the property of

the township.

Section 903. Records Open to Inspection.--The [minute book]

minutes and other records and documents of every township shall

be open [to the inspection of any taxpayer thereof, his, her, or

its agent, upon demand therefor at any time during business

hours.] in accordance with the act of February 14, 2008 (P.L.6,

No.3), known as the Right-to-Know Law.

Section 36. Article X of the act is amended by adding a

subarticle heading to read:

ARTICLE X

AUDITORS

(a) Elected Auditors

Section 36.1. Section 1001 of the act is amended to read:

Section 1001. Meetings; General Duties[; Compensation.--].--

(a) The township auditors [of townships] shall meet annually,

on the day following the day which is fixed by this act for the

organization of the township commissioners[, and shall audit,].

The auditors shall organize by the election of a chair and

secretary. Two auditors shall constitute a quorum.

(b) The auditors shall:

(1) Audit, settle, and adjust the accounts of the township

commissioners, township treasurer, tax collector, secretary, and

other officers and persons receiving and disbursing or

authorizing the disbursement of the moneys of the township

during the preceding fiscal year. [The auditors shall make an

audit of]

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(2) Audit the dockets, transcripts, and other official

records of the offices of the [justice of the peace] magisterial

district judge of the township to determine the amounts of fines

and costs paid or due to the township. [All justices of the

peace] A magisterial district judge of the township shall open

and make available to the auditors their dockets, transcripts,

records, and all other official books or papers for the purpose

of the audit[: Provided, That in any case where a justice of the

peace]. If a magisterial district judge charges a fine contrary

to ordinances, or to any act which makes [such] the fine payable

to the township, the [said] auditors have the power to surcharge

[such justices of the peace in any amount or amounts] the

magisterial district judge in the amount undercharged [as set

forth in said ordinances or act. Two auditors shall constitute a

quorum. Each auditor shall receive twenty dollars ($20) per diem

for each day necessarily employed in the duties of his office,

to be paid out of funds of the township. A day shall consist of

not less than five hours in the aggregate. In completing their

audit, the auditors shall not be employed more than the

following number of days: In townships having a population of

less than three thousand, twenty days; in townships having a

population of three thousand and more but less than ten

thousand, thirty days; and in townships having a population of

ten thousand and more, forty days.]

(3) As directed by the board of commissioners, audit and

report to the board of commissioners on the accounts of every

officer of the township, upon the death, resignation, removal or

expiration of the term of the officer.

person being audited, the audit shall be conducted at the place

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the records of the person are normally kept.

Section 36.2. The act is amended by adding a section to

read:

Section 1001.1. Compensation.--(a) Subject to the

limitations set forth in subsection (b), each auditor shall

receive twenty dollars ($20) per diem, to be paid by the

township, for each day necessarily employed in the discharge of

the auditor's duties. A day shall consist of not less than five

hours in the aggregate.

(b) A township auditor shall not be entitled to receive

compensation for more than the following number of days:

(1) In townships with a population of less than three

thousand, a maximum of twenty days.

(2) In townships with a population of three thousand or more

but less than ten thousand, a maximum of thirty days.

(3) In townships with a population of ten thousand or more,

a maximum of forty days.

Section 36.3. Section 1002 of the act is amended to read:

Section 1002. [Subpoenas; Power to Administer Oaths;

Penalty.--] Subpoenas, oaths and perjury.--(a) The auditors of

each township may [issue]:

(1) Issue subpoenas to obtain the attendance of:

(i) the officers and persons whose accounts [they] the

auditors are required to [adjust, their executors and

administrators, and of] adjust;

(ii) executors and administrators of an office under

subparagraph (i); and

(iii) any persons whom it may be necessary to examine as

[witnesses, and to compel their attendance by attachment, in

like manner as any court of common pleas may in cases pending

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before them, and may also compel the production of all books,

vouchers, and papers relative to such accounts. Such subpoena

and attachment shall be issued by a justice of the peace and be

served and executed by a constable or any township auditor.

The auditors of each township] a witness.

(2) Compel the production of documents, including financial

records, relative to township accounts. If any person refuses or

neglects to appear, to produce documents or to testify, the

auditors shall petition the court of common pleas of the county

to issue a subpoena to the person and to require the person to

produce documents or to appear and to testify before the court.

The court shall issue the subpoena if it deems the documents or

testimony relevant to the issue.

(b) The auditors may administer oaths and affirmations to

all persons brought or appearing before them, whether

accountants, witnesses, or otherwise. [All persons guilty of] A

person swearing or affirming falsely [on such] upon examination

[shall be] is guilty of perjury.

Section 36.4. Section 1003 of the act, amended October 24,

2018 (P.L.878, No.136), is amended to read:

Section 1003. [Surcharges; Auditors' Report; Publication of

Financial Statements.--] Completion, Filing and Publication of

Auditor's Report and Financial Statement.--(a) The auditors

shall complete [their] the annual audit, settlement, and

adjustment [within as short a time as possible, and shall file

copies thereof with the secretary of the township, the clerk of

the court or the prothonotary, as may be provided by local rules

of court, the Department of Community Affairs and the Department

of Highways not later than ninety days after the close of the

fiscal year. Any officer or person whose act or neglect has

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contributed to the financial loss of the township shall be

surcharged by the auditors with the amount of such loss. They]

as soon as possible after the end of the fiscal year.

(b) The auditors shall, within ten days after the completion

of [their report] the report under subsection (c), publish, by

advertisement in at least one newspaper of general circulation

[published in the township, or if no newspaper is published

therein, then in one newspaper circulating generally in the

township] in accordance with the provisions of section 110,

concise financial information prepared or approved by the

auditors and consistent with the audited financial statements

for total assets, total liabilities and total net position at

the end of the fiscal year and total revenue, total expenses and

changes in total net position for that fiscal year and a

reference to a place within the township where copies of the

financial statements and accompanying auditors' report may be

examined. If the full financial statements and accompanying

auditors' report are not published, copies shall be supplied to

the publishing newspaper when the request for publication is

submitted.

statement shall be [made on uniform forms] presented on a

uniform form prepared and furnished[,] as provided in section

1701a [of this act].

(d) The auditors' report and financial statement shall be

signed by all of the auditors and the auditors' report shall be

duly verified by the oath of one of the auditors. [Any auditor

refusing or wilfully neglecting to file an auditors' report

shall, upon conviction thereof, in a summary proceeding be

sentenced to pay a fine of five dollars for each day's delay

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beyond the time fixed herein for the filing of such report and

costs. All fines recovered shall be for the use of the

Commonwealth.] A secretary of the auditors shall file a copy of

the report with the secretary of the township, the clerk of the

court or the prothonotary, as may be provided by local rules of

court, the Department of Community and Economic Development and

the Department of Transportation not later than ninety days

after the close of the fiscal year. Any secretary of the

auditors refusing or wilfully neglecting to file the report

commits a summary offense. If the failure to file the report

within the period specified is due to the failure of any or all

of the auditors to prepare the statement upon which the report

is to be based, the auditor commits a summary offense.

Section 36.5. Sections 1004, 1005 and 1006 of the act are

amended to read:

Section 1004. Canceling Orders.--The auditors shall cancel

all orders and vouchers [presented to them, which they] that the

auditors find have been paid[,] by writing the word "audited" on

the face [thereof] of the orders or vouchers.

Section 1005. Penalty for Failure to Perform Duty.--Any

auditor [neglecting or refusing to comply with the preceding

provisions of this article shall pay a penalty of one hundred

dollars, to be recovered by suit, instituted in the name of the

township, upon the complaint of any taxpayer, in the same manner

as debts of like amount are recoverable. Any penalty recovered

shall be paid into the treasury of the township.] who fails to

comply with the provisions of this subdivision commits a summary

offense.

Section 1006. [Employment and Compensation of Attorney.--]

Attorney to Auditors.--(a) The auditors[, in case of] may

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employ an attorney if a disagreement [with] occurs between the

auditors and any official or board of officials whose accounts

[they] the auditors are required to audit[, may employ an

attorney. Such]. The attorney shall not be employed until

reasonable effort to reach an agreement has been made, and only

after notice of [their intention so to do] the auditors'

intention to hire the attorney has been given to [said] the

official or board of officials. [The compensation for such

attorney shall be fixed by the auditors, and shall not exceed

thirty dollars, unless an appeal is taken to the courts, in

which case the court shall fix the additional compensation for

the attorney. The compensation for said attorney shall be paid

out of the general fund, by a warrant drawn by the auditors upon

the township treasurer.]

(b) The auditors, with the agreement of the board of

commissioners, shall determine the compensation to be paid to

the attorney. If the auditors and board of commissioners cannot

agree on the compensation, upon petition of the auditors, the

court of common pleas shall establish the compensation for the

attorney employed by the auditors. The compensation for the

attorney shall be paid out of the township general fund.

Section 36.6. The act is amended by adding a section to

read:

Section 1006.1. Surcharge by Auditors.--(a) The amount of a

balance or shortage or of an expenditure of a kind or made in a

manner prohibited or not authorized by statute that causes a

financial loss to the township shall be a surcharge against an

officer or person responsible for the balance or shortage, or

who by vote, act or neglect has permitted or approved the

expenditure.

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(b) The following shall apply:

(1) An elected or appointed officer of a township or person

may not be surcharged for an act, error or omission in excess of

the actual financial loss sustained by the township.

(2) A surcharge shall take into consideration as the

surcharge's basis the results of the act, error or omission and

the results had the procedure been strictly in accordance with

law. The surcharge imposed shall be limited to the difference

between the costs actually incurred by the township and the

costs that would have been incurred had legal means and

authorized procedures been employed.

(3) Paragraph (1) shall not apply to a case involving fraud

or collusion on the part of officers nor to any penalty enuring

to the benefit of or payable to the Commonwealth.

Notwithstanding this section, the procedures in the act of May

25, 1945 (P.L.1050, No.394), known as the "Local Tax Collection

Law," shall apply to balances and shortages in the tax accounts

of the tax collector.

(4) An elected or appointed officer of a township may not be

surcharged if the official acted in good faith reliance on a

written, nonconfidential opinion of the solicitor of the

township or on an opinion of the solicitor of the township

publicly stated at an open meeting of the township and recorded

in the official minutes of the meeting. This paragraph shall not

apply if a solicitor's opinion has been rendered under duress or

if the parties seeking and rendering the solicitor's opinion

have colluded to purposefully commit a violation of law. As used

in this paragraph, the term "solicitor" shall include a special

counsel appointed by the township for a specific matter.

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officer knowingly and wilfully acting contrary to law commits a

misdemeanor and, upon conviction, may be sentenced to pay a fine

not exceeding one hundred dollars.

Section 36.7. Sections 1007, 1008, 1009, 1010 and 1012 of

the act are amended to read:

Section 1007. Balances Due to Be Entered as Judgments.--Any

balance, in any report of the auditors, against any officer of

the township shall constitute a surcharge against such officer

as fully as if expressly stated in [said] the report to be a

surcharge. [Unless an appeal is taken as hereinafter provided,

the auditors shall direct the clerk of the court of quarter

sessions to certify the amount of every such balance or

surcharge to the court of common pleas and the prothonotary

shall enter the same as a judgment against such officer and in

favor of the township.] The amount of a balance and of any

express surcharge shall, if no appeal is taken or after an

appeal has been finally determined in favor of the township, be

entered by the prothonotary as a judgment against the officer.

The clerk of the court of common pleas shall certify the amount

of every balance or surcharge contained in a report from which

no appeal has been taken within the time provided under this

subarticle to the court of common pleas for entry by the

prothonotary as a judgment.

Section 1008. Collection of Surcharges.--[The auditors or

any] Any auditor, registered elector or taxpayer of the township

may enforce the collection of a judgment entered for a surcharge

for the benefit of the township, by any appropriate action or

execution, upon filing in the court of common pleas a bond, with

one or more sureties (in the case of a registered elector or

taxpayer), conditioned to indemnify the township from all costs

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[which may accrue in] of the proceedings undertaken by [such]

the registered elector or taxpayer, subject, however, to all

rights of appeal from the report of the auditors granted by this

[article] subarticle.

Section 1009. Appeals from Report.--The township, or any

registered elector or taxpayer [thereof] of the township on its

behalf, or any officer or person whose account is settled or

audited by the township auditors, may appeal from [any] the

settlement or audit to the court of common pleas within forty-

five days [after the settlement has been filed in the court of

quarter sessions] from the date of the filing of the auditors'

report with the clerk of the court of common pleas.

Section 1010. Appeal Bond.--No appeal by a registered

elector or taxpayer or officer shall be allowed unless the

appellant [shall enter into a recognizance to prosecute the same

with effect,] secures a bond with sufficient surety to prosecute

the appeal and to pay all costs [accruing thereon] of appeal in

case, if the appellant [be] is a registered elector or taxpayer,

[he shall fail] the appellant fails to obtain a final decision

more favorable to the township than that awarded by the

auditors, or in case the appellant [be] is an accounting

officer, [he shall fail] the appellant fails to obtain a final

decision more favorable to the officer than that awarded by the

auditors.

Section 1012. [Consolidation of Appeals.--When] Procedure on

Appeals.--(a) In any proceeding upon an appeal from a report of

the auditors, the accounts of the officer or the person in

question may be investigated de novo, and the burden shall be

upon each officer or person whose accounts are involved in the

appeal of establishing the right to credits claimed by the

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officer or person, but the opposing party in the appeal may use

any facts, figures or findings of the report of the auditors as

prima facie evidence against any officer or person.

(b) If more than one appeal from the report of the auditors

is taken, [whether by the township, an officer or officers

thereof, or by a registered elector or taxpayer,] the court may

on its own motion and shall, upon petition of any interested

party [interested], direct [that] the several appeals be

consolidated.

Section 36.8. Sections 1013, 1014 and 1015 of the act are

repealed:

[Section 1013. Testimony and Argument.--Any person

interested may order the appeal upon the argument list, and

evidence may be taken by deposition.

Section 1014. Framed Issues.--Whenever any matter of fact is

in dispute, the court of common pleas is authorized to frame an

issue for the trial thereof.

Section 1015. Prima Facie Evidence.--The accounts of the

officer in question may be investigated de novo. The figures and

facts found and stated by the auditors in their report of audit

shall be taken as prima facie correct, as against any such

officer, and the burden shall be upon each officer whose

accounts are in question to establish the validity of the

credits which he claims.]

Section 36.9. Sections 1016 and 1017 of the act are amended

to read:

Section 1016. [Judgment] Findings of Facts and Law, Judgment

and Appeals.--After hearing, the court shall file its findings

of fact and law and enter judgment [in accordance therewith]

accordingly, and the judgment [so] entered may be enforced by

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the prevailing party by any appropriate proceedings [by any

auditor, officer, registered elector, or taxpayer of the

township]. An appeal from the court's ruling may be taken in

accordance with law.

Section 1017. Cost.--In all cases of appeal from the report

or audit of the township auditors to the court of common pleas,

the costs shall [abide the event of the suit as in other cases]

be determined by the court.

Section 36.10. Section 1018 of the act is repealed:

[Section 1018. Appeals.--Any person interested may except to

the rulings of the court.]

Section 36.11. Section 1019 of the act is amended to read:

Section 1019. [Counsel Fees.--When an appeal is taken from

the township auditor's report or settlement of the accounts of

any public officer, in accordance with the laws relating

thereto, and such appeal results favorably to the appellants in

such a manner that money is recovered for any township, the

court hearing such appeal shall make an order to pay a counsel

fee.] Attorney Fees.--(a) Upon final determination of an appeal

taken under section 1009 from any report, audit or settlement of

the account of any township officer, attorney fees shall be

awarded as follows:

(1) If, in the opinion of the court, the final determination

is more favorable to the township officer involved than that

awarded by the auditors, the township shall pay reasonable

attorney fees or, under paragraph (3), a portion of reasonable

attorney fees incurred by the officer in connection with the

surcharge proceeding.

(2) If, in the opinion of the court, the final determination

is more favorable to the township than that awarded by the

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auditors in the case of an appeal taken by the township or a

taxpayer, the township officer who is the subject of the

surcharge proceeding shall pay reasonable attorney fees or,

under paragraph (3), a portion of reasonable attorney fees

incurred by the township, elector or taxpayer in connection with

the surcharge proceeding.

(3) If, in the opinion of the court, the final determination

is in part more favorable to the township and in part more

favorable to the township officer involved in the surcharge

proceeding than that awarded by the auditors, the court may

order:

(i) the township to pay a portion of reasonable attorney

fees incurred by the officer in connection with the surcharge

proceeding; or

(ii) the township officer who is the subject of the

surcharge proceeding to pay a portion of reasonable attorney

fees incurred by the township or taxpayer in connection with the

surcharge proceeding.

(b) The attorney fees in cases of appeals involving accounts

other than those of township officers shall be allocated in the

court's discretion.

Section 37. Article X is amended by adding a subarticle to

read:

(b) Appointed Independent Auditor

Section 1050. Appointment of independent auditor.

If an ordinance has been enacted for the appointment of an

independent auditor in lieu of elected auditors under section

503(a)(3), the board of commissioners shall appoint an

independent auditor by resolution and the provisions of this

subarticle shall apply. The independent auditor shall be a

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certified public accountant or a firm of certified public

accountants.

Section 1051. Audits.

(a) Annual audit.--The independent auditor shall conduct an

annual audit of the finances of the township, as presented in

the annual audit and financial report, which shall include each

account in which the township is concerned and the accounts of

township officers, departments and offices which collect,

receive and disburse public money or are authorized with the

management, control or custody of public money on which the

independent auditor is required to report under this subarticle.

Nothing under this subarticle shall prohibit the board of

commissioners from requiring the independent auditor to conduct

a more complete or comprehensive audit than is required under

this subarticle.

(b) Interim audits.--The following shall apply:

(1) The board of commissioners may require advisory

interim reports from the independent auditor.

(2) The board of commissioners may direct the

independent auditor to audit the accounts of a township

officer upon the death, resignation, removal or expiration of

the term of the officer.

an examination in accordance with United States generally

accepted auditing standards. Errors or irregularities detected

in the course of an audit shall be communicated in accordance

with the standards under this subsection.

(d) Definition.--As used in this subarticle, the term

"annual audit and financial report" means the report that is

presented on the uniform form as provided in section 1052(d).

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Section 1052. Completion, filing and publication of annual

audit and financial report.

(a) Completion.--The independent auditor shall complete the

annual audit as soon as practical after the end of the fiscal

year as directed by the board of commissioners.

(b) Filing.--A copy of the audited annual audit and

financial report shall be filed with the following:

(1) The secretary of the township, in accordance with

applicable rules and regulations of the township.

(2) The clerk of the court or the prothonotary, as may

be provided by local rules of court.

(3) The Department of Community and Economic

Development, in accordance with the department's rules and

regulations.

financial report is available for public inspection shall be

published by the township secretary once in at least one

newspaper of general circulation in accordance with the section

110. Public inspection shall be in accordance with the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

A copy, which may be in electronic format, of the complete

annual audit and financial report, including the accompanying

independent auditor's report, shall be supplied to the

publishing newspaper when the request for publication is

submitted. Nothing in this section shall preclude the township

from providing its audited annual audit and financial report on

the township's website.

(d) Presentation.--The annual audit report and annual

financial statements shall be presented on a uniform form

prepared and furnished as provided in section 1701a.

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(e) Appeal.--Nothing in this subarticle shall prohibit a

registered elector or taxpayer from appealing an annual audit

and financial report of the independent auditor in accordance

with and subject to the procedures in sections 1009, 1010, 1012,

1016, 1017 and 1019 if the registered elector or taxpayer

believes a surcharge as described in section 1006.1 should exist

against an officer or person. The appeal shall be initiated

within 45 days of the filing specified in section 1052(b).

Section 37.1. Sections 1101, 1102, 1103, 1104, 1105, 1106,

1107, 1108, 1109 and 1110 of the act are amended to read:

Section 1101. Oath and Bond of Controller.--(a) The

township controller, [where such] if the office has been

created, shall, before entering upon the duties of [his] office,

take [and subscribe] the required oath [prescribed by this act

for township officers, and] or affirmation of office under 53

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

(b) Pursuant to section 602, the controller shall give bond

to the township, with a surety company or other company

authorized by law to act as surety, to be approved by the board

of commissioners, in [the sum of twenty thousand dollars] a sum

as the board of commissioners may direct by ordinance,

conditioned for the faithful discharge of [his] the controller's

duties[, and]. The amount of the bond shall be sufficient to

adequately protect the township from any illegal or unfaithful

action by the controller. The cost of [such] the bond shall be

paid by the township.

[The township controller may, at the instance of a taxpayer,

and by rule upon him for that purpose, be compelled to justify

his bond as to the amount thereof before the court of common

pleas.]

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performance by the township controller of official duties, the

board of commissioners may purchase insurance as provided in

section 602(b).

Section 1102. Salary of Controller.--The annual salary of

the controller shall be fixed by ordinance, passed at least

thirty days before [his election. His salary shall not exceed

five thousand dollars.] the controller's election. Any change in

salary, compensation or emoluments of the elected office shall

become effective at the beginning of the next term of the

controller.

Section 1103. General Powers and Duties of Controller[; May

Require Attendance of Witnesses; Penalty].--(a) The township

controller shall [superintend] manage the fiscal affairs of the

township. [He] The controller shall examine, audit, and settle

all accounts [whatsoever] in which the township is concerned,

either as debtor or creditor, [where] if provisions for the

settlement [thereof] are made by law[, and where no such]. If no

provisions, or an insufficient provision, has been made, [he]

the controller shall examine [such] the accounts and report to

the board of commissioners the [facts relating thereto, with his

opinion thereon] relevant facts and opinions on the accounts.

(b) In the examination, audit and settlement of accounts the

controller shall have all of the powers and perform all of the

duties vested in and imposed on the auditors by this act. [He]

In the authentication of any account or claim or demand against

the township, the controller shall have the same power and

authority as the elected township auditors to obtain the

attendance of parties and witnesses and the production of

documents and to administer oaths and affirmations. An

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individual guilty of swearing or affirming falsely before the

controller commits perjury. The controller shall make and file

an annual report of [his] the audit and make and publish the

annual financial statement in the same form and manner and at

the same time as [in this act] is required of the [auditors]

elected township auditors by this act.

(1) have supervision and control of the accounts of all

departments, bureaus, and officers of the township, authorized

to collect, receive, or disburse the public [moneys] money, or

who are charged with the management or custody [thereof. He

shall] of the accounts;

(2) audit their respective accounts and may at any time

require from any of them a statement in writing of any [moneys]

money or property of the township in their [hands] possession or

under their control, showing the amount of cash on hand and the

amount deposited in banks and banking institutions, together

with the names of [such] the institutions[. He shall];

(3) have power to examine every [such] account of a township

officer in any bank or banking institution to verify the

accuracy of the statement of [such] the township, department,

bureau, or officer, and it shall be the duty of every [such]

bank and banking institution, and its officers and agents, to

furnish full information to the controller in relation to [such]

the account. No banker or banking institution, its officers or

agents, shall be subject to prosecution under other laws of this

Commonwealth for disclosing any such information with respect to

[any such] an account[. He shall,];

(4) immediately upon the discovery of any default,

irregularity or delinquency, report the same to the board of

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commissioners[. He shall also]; and

(5) audit and report upon the account of [any such] an

officer upon the death, resignation, removal, or expiration of

the term of the [said] officer.

[In the making of any audit or settlement, and in the

authentication of any account or claim or demand against the

township, the controller of any township shall have the same

power and authority to obtain the attendance before him of

parties and witnesses, and the production of books and papers,

and to administer oaths and affirmations, as are given by law to

township auditors. All persons guilty of swearing or affirming

falsely before him shall be liable to the penalty for perjury.]

Section 1104. [Controller to Countersign] Countersigned

Warrants.--The township controller shall countersign all

warrants upon the township treasurer, with the form [thereof] of

the warrant to be prescribed by the board of commissioners, but

no warrant shall be countersigned unless there is sufficient

unencumbered money in the respective appropriation item to pay

the same. Whenever a warrant on the treasurer shall be presented

to the controller to be countersigned, the person presenting the

[same] warrant shall, if the controller [require] requires,

produce evidence[.] that:

[1. That] (1) the amount expressed in the warrant is due to

the person in whose favor it is drawn[.]; and

[2. That] (2) the supplies or services for payment of which

the warrant is drawn have been furnished or performed according

to law and the terms of the contract.

Section 1105. [Controller to Prevent Appropriation Over

Drafts] Prevention of Appropriation Overdrafts.--The township

controller shall not permit any appropriation made by the board

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of [township] commissioners to be overdrawn. [Whenever] If an

appropriation is exhausted, the object of which is not complete,

[he] the commissioner shall immediately report the fact to the

board of commissioners, and accompany [such] the report with a

statement of the [moneys] money which [have] has been drawn on

[such] the appropriation and the particular purpose for which

[they are] it was drawn.

Section 1106. Amount of Contracts to Be Charged Against

Appropriations.--(a) Every contract involving appropriation of

money shall designate the item of appropriation on which it is

founded, and the estimated amount of the expenditure

[thereunder] which shall be charged against [such] the item and

[so] certified by the township controller on the contract,

before it shall take effect as a contract[, and the payment].

Payment required by [such] the contract shall be made from the

fund for which the contract is appropriated [therefor].

(b) If the controller [shall certify any] certifies a

contract in excess of the appropriation made [therefor], the

township shall not be liable for [such] the excess, but the

controller and [his] the controller's sureties shall be liable

for the [same] excess amount, which may be recovered in an

action at law by the aggrieved contracting party [aggrieved. It

shall be the duty of the].

[payments] payment of which sufficient appropriations have been

made.

Section 1107. Management and Improvement of Township

Finances.--The township controller shall, as often as [he] the

controller may deem expedient or the board of commissioners

shall direct, suggest plans to the board of commissioners for

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the management and improvement of the township finances.

Section 1108. [Books] Financial Records to Be Kept by

Controller.--The township controller shall [keep a regular set

of books, in which shall be opened and kept] maintain financial

records and maintain as many accounts, under appropriate titles,

as may be necessary to show separately and distinctly all the

estates and property [whatsoever], real and personal, vested in

the township, all trusts in the care of the [same] township, all

debts due and owing the township, all receipts and expenditures

of the various departments of the township government, and all

appropriations made by the board of commissioners and the sums

under the same, respectively.

Section 1109. Appeals from Controller's Report[; Bond;

Procedure on Appeal].--Appeals may be taken from the settlement

and audit of the controller as shown in the controller's report

to the court of common pleas of the county, by the same persons,

in the same manner, within the same time, subject to the same

conditions and procedure, and with like effect in every respect

as [in this act] provided in this act in the cases of appeals

from the settlement and audit of the auditors as shown in their

report.

Section 1110. Controller to Retain [Books, Documents, Et

Cetera,] Financial Records, Pending Appeals.--Every township

controller shall retain [in his] possession, during the forty-

five days' period elapsing between the date of filing [his] the

report and the expiration of the time for filing the appeal

[therefrom, all books, documents, vouchers, checks and other

papers which have been procured before him in the course of his

audit of the accounts of township officers, and, if any appeal

shall be taken, shall continue to hold the same for production

20190HB2073PN2927 - 122 -

in the proceeding to determine the appeal.] from the report, all

financial records and other papers that were submitted to the

controller for audit of the accounts of township officers. If an

appeal is taken, the controller shall continue to hold the

financial records and papers for production in the proceeding to

determine the appeal.

Section 38. Section 1201 of the act is amended to read:

Section 1201. [Election; Vacancies.--The board of

commissioners at the commencement of the fiscal year in any

even-numbered year, or as soon thereafter as practicable, may

elect, by a vote of a majority of the members, one person

learned in the law, who shall be styled the township solicitor,

and who shall serve for the term of two years, and until his

successor qualifies. The compensation of the solicitor shall be

fixed by the board of commissioners. Vacancies in the office of

township solicitor shall be filled by the board of commissioners

for the unexpired term.] Township Solicitor.--The board of

commissioners may appoint and determine the compensation of a

township solicitor and, as needed, special counsel. The township

solicitor or special counsel must be licensed to practice law in

this Commonwealth and may be an individual or a law firm,

partnership, association or professional corporation. The

township solicitor or special counsel shall serve at the

pleasure of the board of commissioners.

Section 39. Section 1202 of the act is repealed:

[Section 1202. Bond.--The township solicitor shall, if the

board of commissioners so requires, give a bond to the township,

with a surety company or other company authorized by law to act

as surety, to be approved by the board of commissioners, in such

sum as it shall by ordinance or resolution direct, conditioned

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for the faithful performance of his duty.]

Section 40. Sections 1203, 1204 and 1301 of the act are

amended to read:

Section 1203. [Solicitor to have Control of Law Matters.--

The law matters of the township shall be under the

superintendence, direction and control of the township

solicitor. No official or official body of the township, except

as herein otherwise provided, shall employ an additional counsel

without the assent or ratification of the board of

commissioners.] Control of Legal Matters.--

(a) Except where the board of commissioners has appointed

special counsel for a specific matter, the township solicitor

shall advise on the legal matters of the township.

(b) No department or officer of the township, except as

otherwise provided by law, shall employ or retain an additional

counsel without the consent or ratification of the board of

commissioners.

Section 1204. Duties of Solicitor.--The township solicitor

[shall prepare such bonds, obligations, contracts, leases,

conveyances, and assurances to which the township, or any

department thereof, may be a party, as may be directed by

ordinance or resolution; he shall commence and prosecute all

actions brought by the township for or on account of any of the

estates, rights, trusts, privileges, claims, or demands, as well

as defend all actions or suits against the township, or any

officer thereof, wherein or whereby any of the estates, rights,

privileges, trusts, ordinances, or accounts of the township may

be brought in question before any court in the Commonwealth; and

shall do every professional act incident to the office which he

may be authorized or required to do by the board of

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commissioners or by any ordinance or resolution. He shall,

whenever required, furnish the board of commissioners, and the

committees thereof, with his opinion in writing upon any

question of law which may be submitted by any of them in their

official capacities.] or special counsel, as applicable, shall:

(1) Prepare or approve, if directed or requested to do so by

the board of commissioners, bonds, obligations, contracts,

leases, conveyances, ordinances and assurances to which the

township, or any department of the township, may be a party.

(2) Commence and prosecute all actions brought by the

township for or on account of any of the estates, rights,

trusts, privileges, claims or demands of the township and defend

the township or any township officer against all actions or

suits brought against the township or township officer in which

any of the estates, rights, privileges, trusts, ordinances or

accounts of the township may be brought in question before a

court in this Commonwealth.

(3) Furnish the board of commissioners and the township

committees, upon request, with an opinion in writing upon a

question of law, which may be submitted by any of them in their

official capacities.

(4) Perform every other professional act incident to the

office which the township solicitor or special counsel may be

authorized or required to perform by the board of commissioners

or by any ordinance or resolution.

Section 1301. [Election of Township Engineer; Term; Filling

of Vacancies.--The board of commissioners at the commencement of

the fiscal year in any even-numbered year, or as soon thereafter

as may be practicable, may elect, by a vote of a majority of the

members, one person as township engineer, who shall be a

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registered civil engineer. He shall serve for a term of two

years, and until his successor qualifies. The board of

commissioners shall fix the compensation of the engineer.

Vacancies in the office of township engineer shall be filled by

the board of commissioners for the unexpired term.] Township

Engineer.--

(a) The board of commissioners may appoint and determine the

compensation of a township engineer who must be a registered

professional engineer. The township engineer serves at the

pleasure of the board of commissioners.

(b) As used in this article, the term "engineer" means one

or more registered professional engineers or a firm of

registered professional engineers.

Section 41. Section 1302 of the act is repealed:

[Section 1302. Bond.--The township engineer shall, if the

board of commissioners so requires, give a bond to the township,

with a surety company or other company authorized by law to act

as surety, to be approved by the board of commissioners, in such

sum as it shall by ordinance or resolution direct, conditioned

for the faithful performance of his duty.]

Section 42. Sections 1303, 1304, 1305 and 1306 of the act

are amended to read:

Section 1303. Control of Engineering Matters.--[The township

engineer shall have the superintendence, direction and control

of the engineering matters of the township. No department or

officer of the township shall employ or retain any additional

engineer, except with the consent and ratification of the board

of commissioners.]

(a) Except where the board of commissioners has appointed an

engineer for a specific matter, the township engineer shall

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direct and control the engineering matters of the township.

(b) No department or officer of the township, except as

otherwise provided by law, may employ or retain an additional

engineer without the consent or ratification of the board of

commissioners.

Section 1304. Duties; Preparation of Plans.--The township

engineer shall perform [such duties as the board of

commissioners shall prescribe as to the construction,

reconstruction, maintenance, and repair of all streets, bridges,

culverts, and other engineering work. He shall prepare plans,

specifications, and estimates of all such work undertaken by

such township, and shall, whenever required, furnish the board

of commissioners, and the committees thereof, with reports,

information, or estimates on any township engineering work or on

questions submitted by any of them in their official capacity.]

duties and provide reports as the board of commissioners may

direct for the construction, reconstruction, maintenance and

repair of streets, bridges, culverts and other engineering work.

The township engineer may prepare plans, specifications and

estimates of the work undertaken by the township and shall

furnish the board of commissioners, and the committees of the

township, with reports, information or estimates on any township

engineering work or on questions submitted by the board of

commissioners.

Section 1305. Certificate of Commencement and of Completion

of Municipal Improvements.--

(a) The township engineer shall[, immediately after the

completion of any municipal improvement, the cost of which, in

whole or in part, is to be paid by the owner of the abutting

property, make certificate in which he shall state the day or

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time on which the particular improvement was completed, and

shall file the same with the township secretary, who shall enter

the said day or time of completion of the work in a book to be

kept by him for said purpose. The said day or time mentioned in

said certificate shall be conclusive on all parties as to the

time the said work was completed. The time of completion of the

work, referred to in this section and in other parts of this

act, shall be taken to mean the time of the completion of the

whole contract for the improvement. He shall also furnish to the

township secretary a certificate showing the time at which any

such particular improvement was commenced, and such certificate

shall be conclusive evidence of the time when the said

improvement was begun. An entry of such date shall be made by

said secretary in the book aforesaid.] certify to the township

secretary the date of commencement and date of completion of all

municipal improvements, the cost of which, in whole or in part,

is to be paid by the owners of the abutting property. The

certification shall be made a part of the permanent records of

the township. The certified date of commencement and certified

date of completion shall be conclusive on all parties.

(b) As used in this section, the phrase "certified date of

completion" means the date of the completion of the whole

contract for the improvement.

Section 1306. Surveys.--The township engineer shall have the

charge and direction of all surveys and regulations authorized

by any act of Assembly or ordinance of [such] the township.

Section 43. Subdivision (b) of Article XIII is repealed:

[(b) Real Estate Registry

Section 1310. Provisions for Registration of Real Estate.--

For the purpose of procuring accurate information in reference

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to the ownership of all real estate, the board of township

commissioners may provide, by ordinance for the registry thereof

in the manner following.

Section 1311. Preparation of Books, Plans and Maps.--The

township engineer of any township in which such registry shall

be established shall cause to be made all such necessary books,

maps and plans as will show the situation and dimensions of each

property therein, which books, maps or plans shall be so

prepared as to show the house number, if any, the name of the

owner or owners thereof, with blank spaces for the owner of each

lot, with provision for the names of future owners, and dates of

future transfer of title. For such purpose, the township

engineer shall have free access, without charge, to any of the

public records wherein the necessary information may be

obtainable therefor. He may also cause search to be made in any

other place for any muniments or evidence of title, not reported

to him as hereinafter provided, and requisite for the completion

of such books, maps or plans.

Section 1312. Preservation of Records.--The said books, maps

and plans shall be carefully preserved in the office of the

engineer of said township; and shall be so kept, by additions

from time to time, or otherwise, as to show the ownership of

every lot or piece of real estate, or subdivision thereof,

within the township limits, with the successive transfers of

title, from the date of the commencement of such plans; but

nothing therein or in this article shall invalidate any

municipal or tax claim by reason of the fact that the same is

not assessed or levied against the registered owner.

Section 1313. Certified Copies of Entries Admissible as

Evidence.--Certified copies, under the hand of the said

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engineer, of any of the entries in said books, or upon said maps

or plans shall be received in evidence in the same manner as the

books, maps and plans themselves might be admissible for such

purposes; and may be also furnished to any person desiring the

same for such fee or compensation, for the use of the township,

as may be fixed by ordinance.

Section 1314. Duties Imposed on Owners of Real Estate When

Registry Established; Penalty.--All owners of unregistered real

estate within the township limits, within one month from the

date of the approval of the ordinance establishing such

registry, and every subsequent purchaser, and every devisee or

person acquiring title by partition, or otherwise, to any real

estate therein, within one month after acquiring such title,

shall furnish to the said engineer, at his office, descriptions

of their respective properties, upon blanks furnished by the

township, and, at the same time, present their conveyance to be

stamped by said engineer, without charge, as evidence of the

registration thereof. Any person or persons neglecting or

refusing to comply with the provisions of this section, for a

period of thirty days after public notice of the requirements

thereof, shall be liable to a penalty of five dollars, to be

recovered, with costs of suit, in the name and for the use of

the township, as penalties for the violation of township

ordinances are recoverable: Provided, however, That such

registration may, within said thirty day period, be also

effected by the Recorder of Deeds of the county in accordance

with existing law.

Section 1315. Registry of Properties; Duty of County

Officers.--The sheriffs of the respective counties in which such

townships are situated shall present for registry the deeds of

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all properties within the township limits sold by them at

judicial sales, whether by execution or in partition or

otherwise; and the prothonotaries and recorders of deeds of such

counties shall not admit for record any deeds of any property in

such township, bearing a date subsequent to the approval of an

ordinance providing for the establishment of such registry,

unless the same shall first have been duly stamped, as

hereinbefore provided.

Section 1316. Conservation District.--The board of

commissioners may make appropriations to the conservation

district, as defined in the act of May 15, 1945 (P.L.547,

No.217), known as the "Conservation District Law," in which the

township is located.]

Section 44. The act is amended by adding articles to read:

ARTICLE XIII-A

TOWNSHIP MANAGER

Section 1301-A. Township manager.

(a) Authorization.--The board of commissioners may create by

ordinance the office of township manager and, in like manner,

abolish the office. While the office exists, the board of

commissioners may appoint one individual, a partnership, a

limited partnership, an association or a professional

corporation as the township manager.

(b) Nature of office.--The township manager shall serve at

the pleasure of the board of commissioners, subject to

contractual rights that may arise under an employment agreement

or professional services agreement that may be entered in

accordance with section 1302-A.

Section 1302-A. Power and duties; agreement.

(a) General rule.-The powers and duties of the township

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manager shall be regulated by ordinance. The board of

commissioners may delegate, subject to recall, any of their

nonlegislative and nonjudicial powers and duties to the township

manager.

(b) Scope of agreement and validity.--

(1) The board of commissioners may enter into an

employment agreement or professional services agreement with

the township manager that specifies the terms and conditions

of the appointment.

(2) The agreement may remain in effect for a specified

period terminating no later than the date of the board of

commissioners' organizational meeting following the next

municipal election.

(3) An agreement with a township manager executed on or

after a municipal election but before the first meeting in

January the year after the municipal election shall be void.

(4) An agreement entered into under this section may

specify conditions under which a township manager who is an

individual would be entitled to severance compensation, or in

the case of a partnership, limited partnership, association

or a professional corporation, payments for the termination

of the appointment. In no event may the agreement guarantee

retention or employment through the term of the agreement or

confer upon the township manager a legal remedy based on

specific performance.

individual, and, in the case of a partnership, limited

partnership, association or a professional corporation appointed

as the township manager, all officers and those employees

directly providing services as required or authorized by the

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agreement, shall be considered a public official for purposes of

the provisions of 65 Pa.C.S. § 1103 (relating to restricted

activities).

Section 1303-A. Bond.

(a) General rule.--The township manager shall, if required

by the board of commissioners, give a bond to the township, with

a surety company or other company authorized by law to act as

surety, to be approved by the board of commissioners, in such

sum as the board of commissioners, by ordinance or resolution,

directs, conditioned for the faithful performance of the

township manager's duties.

(b) Insurance in lieu of bond.--In lieu of the bond required

for the faithful performance by the township manager of official

duties, the board of commissioners may purchase insurance as

provided in section 602(b).

Section 1304-A. Incompatibility.

(a) General rule.--No township manager may be eligible to

hold the office of township commissioner.

(b) Applicability.--In the case of a partnership, limited

partnership, association or a professional corporation appointed

as the township manager, the restriction in subsection (a)

applies to all officers and employees who directly provide

services as required or authorized by the agreement.

ARTICLE XIII-B

VETERANS' AFFAIRS

(a) Pennsylvania National Guard

Section 1301-B. Eminent domain for National Guard purposes.

(a) General rule.--Except as provided in subsection (b), the

board of commissioners may take, by the right of eminent domain

for the purpose of appropriating to the township for the use of

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the Pennsylvania National Guard, public lands, easements and

public property in the township's possession or control and used

or held by the township for any other purpose notwithstanding

any limitation of the use by the township whether by donation,

dedication, appropriation, statute or otherwise.

(b) Limitation.--Eminent domain may not be exercised as to a

street, highway or wharf.

Section 1302-B. Land for armory purposes.

(a) General rule.--Except as provided in subsection (b), the

board of commissioners may acquire, by purchase, gift or eminent

domain, land for the use of the Pennsylvania National Guard, to

be conveyed to the Commonwealth in order to assist the State

Armory Board in the erection of armories.

(b) Limitation.--The power conferred by subsection (a) may

not be exercised to take church property or other actual place

of regularly stated religious worship, graveyard, cemetery or a

dwelling house or the curtilage of any of them in the actual

occupancy of the owner.

Section 1303-B. Assistance to armories.

(a) Appropriation or conveyance.--The board of commissioners

may appropriate money or convey land, either independently or in

conjunction with any other municipality, to the Commonwealth for

the following purposes:

(1) To assist the State Armory Board in the erection of

armories for the use of the Pennsylvania National Guard.

(2) To furnish reasonable utilities free of cost to the

Commonwealth for use in an armory of the Pennsylvania

National Guard.

(b) Authority.--The board of commissioners may do all things

necessary to accomplish the purposes specified in this section.

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Section 1304-B. Support of Pennsylvania National Guard units.

(a) Annual appropriation.--The board of commissioners may

appropriate annually a sum not to exceed $1,500 for the support,

maintenance, discipline and training of a unit of the

Pennsylvania National Guard. If the units are organized as a

battalion, regiment or similar organization, the total amount

due may be paid to the commanding officer of the battalion,

regiment or similar organization.

(b) Condition.--Money appropriated under this section shall

be paid by warrant drawn to the order of the commanding officer

of the unit conditioned upon certification by the Adjutant

General of the Commonwealth to the township that the unit has

satisfactorily passed the annual inspection provided by law.

shall be used and expended solely and exclusively for the

support, maintenance, discipline and training of the company,

battalion, regiment or similar organization.

(d) Accounting required.--

(1) The commanding officer shall account, by proper

vouchers to the township each year, for the expenditure of

money appropriated under this section.

(2) No appropriation may be made for any subsequent year

until the expenditure of the previous year is duly and

satisfactorily accounted for.

(3) The accounts of the expenditures shall be subject to

the inspection of the Department of Military and Veterans

Affairs and shall be audited by the Auditor General in

accordance with law.

(b) Support of Veterans' Organizations and Memorials

Section 1311-B. Appropriations to veterans' home associations.

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The board of commissioners may make an annual appropriation

not to exceed $300 for the support of any Veterans' Home

Association that provides a home or meeting facility within the

township for the use of United States war veterans, and which is

not maintained in whole or in part by the United States or any

governmental agency other than the township.

Section 1312-B. Memorial Day or Veterans' Day appropriations.

The board of commissioners may appropriate money for the

expenses of services for Memorial Day, Veterans' Day or a

similar day provided for by Federal or State law.

Section 1313-B. Care of memorials.

(a) Maintenance and repair.--The board of commissioners may

maintain and keep in good order and repair, at the expense of

the township, a soldiers' monument, gun or carriage or similar

memorial if the memorial is not in the charge or care of an

individual, body or organization and the memorial was not

erected by the Federal Government, the Commonwealth or the

commissioners of the county or by the direction or authority of

any other state.

(b) Donations.--The board of commissioners may receive money

from an individual or organization and may expend the money for

the benefit of memorials.

Section 1314-B. Purchase of burial grounds for deceased service

persons.

The board of commissioners may appropriate money and purchase

plots of ground in a cemetery or burial ground for the interment

of deceased service persons:

(1) Who die within the township or die beyond the

township limits but had a legal residence within the township

at the time of death.

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(2) Whose bodies are entitled to be buried by the county

under the provisions of existing law.

Section 45. Section 1401 of the act is amended to read:

Section 1401. Appointment, Compensation and Training of

[Policemen.--The board of township commissioners shall,] Police

Officers.--(a) The board of commissioners may, subject to the

civil service provisions of this act, appoint and fix the

number, rank and compensation of the members of the township

police force. [No policeman shall at the same time hold any

public office other than constable, health officer or school

board member of a school district situated within a county of

the second class. A policeman, whether contracted or otherwise

employed by a school district, who holds the public office of

school director shall not be permitted to serve as a school

police officer, as provided for in section 778 of the act of

March 10, 1949 (P.L.30, No.14), known as the Public School Code

of 1949. The]

(b) Subject to the requirements of 53 Pa.C.S. Ch. 23 Subch.

A (relating to intergovernmental cooperation), the board of

commissioners may provide for police services as follows:

(1) by municipal police officers under a contract;

(2) through the purchase of police services; or

(3) by joining or developing a consolidated regional police

service.

a police officer:

(1) in accordance with the act of June 15, 1951 (P.L.586,

No.144), entitled "An act regulating the suspension, removal,

furloughing and reinstatement of police officers in boroughs and

townships of the first class having police forces of less than

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three members, and in townships of the second class"; or

(2) subject to Article VI, subdivision (d).

(d) No police officer may at the same time hold a public

office.

(e) No police officer may participate in a political or

election campaign while on duty or in uniform or while using

township property other than to exercise the officer's right of

suffrage.

(f) Except as provided in section 630, the board of

commissioners shall [prescribe all necessary] promulgate rules

and regulations for the organization of the police force. [The

board may assign the chief of police or any other member of the

force to undergo a course of training at any training school for

policemen, established and made available by the State or

Federal Government, and may provide for the payment by the

township of his expenses while in attendance in such training

school.]

(g) The board of commissioners may assign the chief of

police or any other member of the police force to attend

training classes offered by the Federal Government, State or

county government, and may pay a member's expenses while

attending the training classes.

Section 46. The act is amended by adding a section to read:

Section 1401.1. Special Fire Police.--The president of the

board of commissioners may confirm any member of a volunteer

fire company nominated to serve as special fire police under 35

Pa.C.S. Ch. 74 Subch. D (relating to special fire police). The

president of the board of commissioners may swear in or affirm

special fire police officers.

Section 47. Sections 1402, 1403, 1404 and 1405 of the act

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are amended to read:

Section 1402. Chief of Police and Other Officers.--The board

of commissioners may designate the superintendent or the chief

of police and other officers[,] who shall serve until their

successors are duly designated and qualified.

Section 1403. Powers of [Policemen.--Policemen shall be ex-

officio constables of the township and may, without warrant and

on view, arrest and commit for hearing any and all persons

guilty of a breach of the peace, vagrancy, riotous, or

disorderly conduct or drunkenness, or who may be engaged in the

commission of any unlawful act tending to imperil the personal

security or endanger the property of the citizens, or violating

any of the ordinances of the township for the violation of which

a fine or penalty is imposed.] Police Officers.--A township

police officer shall have those powers and duties as are granted

to police officers under the laws of this Commonwealth, the

rules of the Supreme Court or the ordinances of the township,

for the violation of which a fine or penalty may be imposed.

Section 1404. Service of Process; Fees.--[Policemen shall

have authority to serve and execute all criminal process for the

violation of the township ordinances, which may be issued by any

justice of the peace of the township, and shall charge the same

fees and costs as pertain by law to constables for similar

services, but such fees and costs shall be paid to the township

treasurer for the use of the township.] Police officers may

serve and execute criminal process or processes issued for the

violation of township ordinances and shall charge the same fees

and costs as pertain by law to constables of the township for

similar services, but the fees and costs shall be paid to the

township treasurer for the use of the township.

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Section 1405. Supervision of Police.--The chief of police

and [policemen shall obey the orders of the board of township

commissioners or such other person or committee as may be

designated by ordinance or resolution of the board for such

purposes.] police officers shall obey the orders of the board of

commissioners or any other person or committee as designated by

ordinance or resolution of the board for that purpose.

Section 48. Section 1406 of the act is repealed:

[Section 1406. Keepers to Receive Prisoners.--The keepers of

jails, lockups, and station-houses shall receive all persons

arrested by policemen for the commission of any offense against

the laws of the Commonwealth or the ordinances of the township.]

Section 49. Sections 1407, 1408, 1409 and 1409.1 of the act

are amended to read:

Section 1407. Badge.--[The police,] Township police

officers, when on duty, shall wear a badge or shield with the

words "Township Police" and the name of the township inscribed

[thereon] on the badge or shield.

Section 1408. [Not to Receive Fees.--Townships employing

policemen shall pay to all such policemen a fixed or stipulated

salary. It shall not be lawful for any such policemen to charge

or accept any fee or other compensation, in addition to his

salary, for any service rendered or performed by him of any kind

or nature whatsoever pertaining to his office or duties as a

policeman, except public rewards and the expenses incurred in

the discharge of his duties.] Compensation.--

(a) A township that employs police officers shall pay to all

the police officers a fixed or stipulated salary.

(b) No police officer may charge or accept a fee or other

compensation in addition to the salary paid by the township for

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a service rendered or performed by the police officer, except

public rewards and the expenses incurred in the discharge of the

police officer's duties.

Section 1409. [Establishment of Police Pension Fund;

Management.--Townships] Police Pension Fund.--

(a) If a police force of less than three full-time members

is maintained, the township shall, unless there is a private

organization or association constituting and managing an

existing pension fund for the members of the police force in

[any such] the township, by ordinance, establish a police

pension fund to be maintained by member contributions of an

equal percentage charge against each member of the police

force[, which,]. The member contributions, except to the extent

that subsection (c) of section 607 of the act of December 18,

1984 (P.L.1005, No.205), known as the "Municipal Pension Plan

Funding Standard and Recovery Act," applies, shall not exceed

annually four [per centum] percent of the pay of [such] the

member. [All pension funds established under the provisions of

this section shall be under the direction of the township

commissioners or such committee as they may designate, and shall

be applied, under such regulations as the commissioners may by

ordinance prescribe, for the benefit of such members of the

police force as shall receive honorable discharge therefrom by

reason of age or disability and the families of such as may be

injured or killed in the service. Any allowances made to those

who are retired by reason of disability or age shall be in

conformity with a uniform scale.]

(b) In lieu of establishing a pension fund in accordance

with subsection (a), the township may, by ordinance, provide

investment or insurance instruments for the purpose of the

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payment of pensions or annuities to the members of the police

force who receive honorable discharge by reason of age or

disability and the families of police officers injured or killed

in service.

instruments established under this section shall be under the

direction of the board of commissioners, or a committee as the

board of commissioners may designate, and shall be applied under

regulations as the board of commissioners may, by ordinance,

prescribe for the benefit of the members of the police force who

receive honorable discharge by reason of age or disability and

the families of police officers injured or killed in the

service.

(2) The board of commissioners shall appoint by resolution a

chief administrative officer who shall have the primary

responsibility for the execution of the administrative affairs

of the pension plan, subject to the direction of the board of

commissioners.

(3) An allowance made to an individual who retires by reason

of disability or age shall be in conformity with a uniform

scale.

(d) The ordinance establishing the police pension fund may

prescribe a minimum period of continuous service of not less

than 20 years and an age limit after which members of the police

force may be retired from active duty and may be entitled to

benefits of the fund.

(e) Payments made on account of police pensions shall not be

a charge on any fund in the treasury of the township or under

the control of the township, except the police pension fund.

(f) A township that establishes a police pension fund under

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this section shall make contributions to the police pension fund

in an amount sufficient to meet the minimum obligation of the

municipality with respect to the pension plan under the act of

December 18, 1984 (P.L.1005, No.205), known as the "Municipal

Pension Plan Funding Standard and Recovery Act."

(g) A township may take, by gift, grant, devise or bequest,

any money or property, real, personal or mixed, in trust for the

benefit of the police pension fund. The care, management,

investment and disposal of the trust funds or property, real,

personal or mixed, shall be vested in the officers as the board

of commissioners shall direct by ordinance and shall be governed

by the officers, subject to any directions not inconsistent with

the ordinance as the donors of the funds and property may

prescribe.

(h) (1) The basis of the apportionment of the pension

benefit shall be determined by the rate of monthly pay of the

member at the date of death, honorable discharge or retirement,

and shall not exceed in any year one-half the annual pay of the

member, computed at the member's monthly rate.

(2) No person who participates in the police pension fund

and becomes entitled to receive a benefit from the fund may be

deprived of the person's right to an equal and proportionate

share of the fund upon the basis upon which the person first

became entitled to the benefit.

(j) The act of May 29, 1956 (1955 P.L.1804, No.600),

referred to as the Municipal Police Pension Law, or the act of

February 1, 1974 (P.L.34, No.15), known as the Pennsylvania

Municipal Retirement Law, shall govern any township police

pension fund not established under the provisions of this

section.

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Section 1409.1. Private Police Pension Funds; Optional

Transfers.--(a) [Where] If there is a private organization or

association constituting and managing an existing pension fund

for the members of the police force in any township, [such] the

township shall establish a police pension fund [under the

provisions of this act if the membership of such] for the

purpose of paying pensions to the members of the police force if

the membership of the organization or association, by a two-

thirds vote, elects to transfer its funds with all its assets

and liabilities into a township police pension fund as required

to be established by this act.

(b) [Whenever such a private organization or association

managing an existing police pension fund for the members of the

police force in any township elects, by a two-thirds vote, to

transfer its funds into the pension fund required to be

established by this act, all the assets and liabilities of such

existing fund shall be so transferred. Such transfer] The

transfer under subsection (a) may be made by the transfer of

securities. After [such] the transfer, the township police

pension fund shall assume the liability of continuing the

payment of pensions to members of the police force retired prior

to [such] the transfer in accordance with the laws and

regulations under which [such] the members were retired.

Section 50. Sections 1410, 1411, 1412, 1413, 1414 and 1415

of the act are repealed:

[Section 1410. Minimum Service for Retirement.--The

ordinance establishing the police pension fund may prescribe a

minimum period of continuous service, not less than twenty

years, and an age limit after which members of the force may be

retired from active duty and may be entitled to benefits of such

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fund. Policemen so retired shall be subject to service as police

reserves until unfitted for such service by reason of age or

disability, when they may be finally discharged.

Section 1411. Retirement Allowance.--The basis of the

apportionment of the pension shall be determined by the rate of

monthly pay of the member at the date of death, honorable

discharge, or retirement, and shall not in any case exceed in

any year one-half the annual pay of such member, computed at

such monthly rate.

Section 1412. General Funds of Township not Liable.--

Payments made for retirement allowances shall be a charge on no

other fund in the treasury of the township or under its control

other than the police pension fund.

Section 1413. Township Appropriations; Gifts; Management.--

Any township shall make contributions to the police pension fund

in an amount sufficient to meet the minimum obligation of the

municipality with respect to the pension plan pursuant to the

act of December 18, 1984 (P.L.1005, No.205), known as the

"Municipal Pension Plan Funding Standard and Recovery Act," and

may take, by gift, grant, devise or bequest, any money or

property, real, personal or mixed, in trust for the benefit of

such police pension fund. The care, management, investment, and

disposal of such trust funds or property shall be vested in such

officers as the township commissioners shall, by ordinance,

direct, and shall be governed by such officers, subject to any

directions not inconsistent therewith, as the donors of such

funds and property may prescribe. Any township may also make

contributions to any incorporated police pension fund extending

retirement benefits to police officers of the township, subject

to such conditions as the township commissioners may impose and

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in conformance with any applicable provisions of the "Municipal

Pension Plan Funding Standard and Recovery Act."

Section 1414. Reasons for Denying Retirement Allowance.--No

person participating in such police pension fund established by

ordinance, and becoming entitled to receive a benefit therefrom,

shall be deprived of his rights except for failing to comply

with some general regulation relating to the management of such

fund, which may be made by ordinance, and which provides that a

failure to comply therewith shall terminate the right to

participate in the pension fund, after such notice and hearing

as it shall prescribe.

Section 1415. Annuity Contracts in Lieu of Police Pension

Fund.--Townships may provide annuity contracts for the purpose

of paying pensions or annuities to the members of the police

force who receive honorable discharge therefrom by reason of age

or disability and the families of such as may be injured or

killed in service.]

Section 51. Section 1416 of the act is amended to read:

Section 1416. School Crossing Guards.--[(a) The board of

township commissioners, by resolution, may appoint school

crossing guards who shall be in uniform and be authorized only

in the management of traffic and pedestrians. Such school

crossing guards shall serve at the pleasure of the board of

township commissioners, except as provided in subsection (b),

and shall not come within the civil service provisions of this

act, nor shall they be eligible to join any township pension

fund. Their compensation shall be fixed by the board of township

commissioners and they shall be paid by the board of township

commissioners, or jointly by the board of township commissioners

and the board of school directors in a ratio to be determined by

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the two boards. If the board of township commissioners and board

of school directors are unable to determine the ratio of

compensation of the school crossing guards to be paid by each

board, each such board shall pay one-half of the compensation of

such school crossing guards who shall have the duty of

controlling and directing traffic at or near schools.

(b) The board of township commissioners may approve an

ordinance allowing a board of school directors to assume hiring

and oversight of school crossing guards. Before the board of

township commissioners may approve such an ordinance, the board

of directors of the school district shall approve a resolution

requesting the authority to assume the hiring and oversight of

school crossing guards. The ordinance shall outline how the

police department will provide any necessary training and

assistance of the school crossing guards while on duty. Such

school crossing guards will be authorized only in the management

of traffic and pedestrians in and around areas identified by the

police department and the school district superintendent or his

or her designees. The school crossing guards shall not come

within the civil service provision of this act, nor shall they

fall under the bargaining unit of the school district nor be

considered an employe as defined under section 1101-A of the act

of March 10, 1949 (P.L.30, No.14), known as the "Public School

Code of 1949," or a school employe as defined under 24 Pa.C.S. §

8102 (relating to definitions) or under any plans hereafter

effective. Once the ordinance receives approval by the board of

township commissioners, the school district shall assume the

cost of compensation, including fixing such compensation, if

any, of the school crossing guards. Auxiliary policemen,

appointed as prescribed by general law, may be hired by the

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school district to serve as school crossing guards. The board of

school directors shall notify the board of township

commissioners of those hired to serve as school crossing guards

and request that the necessary training or assistance be

provided as outlined by the ordinance.] (a) (1) The board of

commissioners, by resolution, may appoint school crossing guards

who shall be authorized only to manage traffic and pedestrians

at or near schools while the school crossing guards are in

uniform.

(2) School crossing guards shall serve at the pleasure of

the board of commissioners, except as provided in subsection

(b), shall not be subject to the civil service provisions of

this act and shall not be eligible to join any township pension

fund.

(3) The compensation of the school crossing guards, if any,

shall be fixed by the board of commissioners and shall be paid

by the board of commissioners, or jointly by the board of

commissioners and the board of school directors, in a ratio to

be determined by the boards. If the board of commissioners and

board of school directors are unable to determine the ratio of

compensation of the school crossing guards to be paid by each

board, each board shall pay one-half of the compensation of the

school crossing guards.

(b) (1) The board of commissioners may adopt a resolution

allowing a board of school directors to assume hiring and

oversight of school crossing guards. Before the board of

commissioners adopts the resolution, the board of directors of

the school district must adopt a resolution requesting authority

from the board of commissioners to assume the hiring and

oversight of school crossing guards.

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(2) The resolution adopted by the board of commissioners

shall outline the manner in which the police department will

provide necessary training and assistance of the school crossing

guards while on duty.

(3) The school crossing guards shall be authorized only to

manage traffic and pedestrians in and around areas identified by

the police department and the school district superintendent or

the superintendent's designees.

(4) The school crossing guards shall not:

(i) Be subject to the civil service provision of this act.

(ii) Be considered part of the bargaining unit of the school

district.

(iii) Be considered an employe as defined under section

1101-A of the act of March 10, 1949 (P.L.30, No.14), known as

the "Public School Code of 1949," or a school employe as defined

under 24 Pa.C.S. § 8102 (relating to definitions) or an employe

under any township or school district pension or benefit plan.

(5) After the resolution is adopted by the board of

commissioners, the school district shall assume the cost of

compensation, including fixing compensation, if any, of the

school crossing guards.

(6) Notwithstanding any other provision of law, auxiliary

police officers appointed as prescribed by law may be hired by

the school district to serve as school crossing guards.

(7) The board of school directors shall notify the board of

commissioners of the individuals hired to serve as school

crossing guards and request that the necessary training or

assistance be provided as specified in the resolution adopted by

the board of commissioners.

Section 52. Section 1501 of the act, amended October 24,

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2018 (P.L.921, No.151), is amended to read:

Section 1501. Suits; Property.--Townships of the first class

[may--

I. Sue and be sued.

II. Purchase, acquire by gift, or otherwise, hold, lease,

let and convey, by sale or lease, such real and personal

property as shall be deemed to be to the best interest of the

township: Provided, That no real estate owned by the township

shall be sold for a consideration in excess of one thousand five

hundred dollars except to the highest bidder after due notice by

advertisement for bids or advertisement of a public auction in

one newspaper of general circulation in the township. Such

advertisement shall be published once not less than ten days

prior to the date fixed for the opening of bids or public

auction, and such date for opening bids or public auction shall

be announced in such advertisement. The award of contracts shall

be made only by public announcement at a regular or special

meeting of the board of township commissioners or at the public

auction. All bids shall be accepted on the condition that

payment of the purchase price in full shall be made within sixty

days of the acceptance of bids.

The board of township commissioners shall have the authority

to reject all bids if such bids are deemed to be less than the

fair market value of the real property. In the case of a public

auction, the board of township commissioners may establish a

minimum bid based on the fair market value of the real property.

Except as otherwise hereinafter provided in the case of

personal property of an estimated fair market value of less than

two thousand dollars, no township personal property shall be

disposed of, by sale or otherwise, except upon approval of the

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board of township commissioners, by ordinance or resolution. In

cases where the board of township commissioners shall approve a

sale of such property, it shall estimate the fair market value

of the entire lot to be disposed of. If the board of township

commissioners shall estimate the fair market value to be two

thousand dollars or more, the entire lot shall be advertised for

sale once, in at least one newspaper of general circulation in

the township, not less than ten days prior to the date fixed for

the opening of bids or public auction, and such date of opening

of bids or public auction shall be announced in such

advertisement, and sale of the property so advertised shall be

made to the best responsible bidder. A public auction of

personal property may be conducted by means of an online or

electronic auction sale. During an electronic auction sale, bids

shall be accepted electronically at the time and in the manner

designated in the advertisement. During the electronic auction,

each bidder shall have the capability to view the bidder's bid

rank or the high bid price. Bidders may increase their bid

prices during the electronic auction. The record of the

electronic auction shall be accessible for public inspection.

The purchase price shall be paid by the high bidder immediately

or at a reasonable time after the conclusion of the electronic

auction as determined by the board of township commissioners. In

the event that shipping costs are incurred, they shall be paid

by the high bidder. A township that has complied with the

advertising requirements of this clause may provide additional

public notice of the sale by bids or public auction in any

manner deemed appropriate by the board of township

commissioners. The advertisement for electronic auction sales

authorized in this clause shall include the Internet address or

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means of accessing the electronic auction and the date, time and

duration of the electronic auction. The board of township

commissioners may reject any bids received if the bids are

believed to be less than the fair market value of the property.

The board of township commissioners shall, by resolution, adopt

a procedure for the sale of surplus personal property, either

individual items or lots of items, of an estimated fair market

value of less than two thousand dollars and the approval of the

board of township commissioners shall not be required for any

individual sale that shall be made in conformity to such

procedure.

The provisions of this clause shall not be mandatory where

township property is to be traded in or exchanged for new

township property.

The provisions of this clause shall not prohibit the sale or

exchange of township property to public utilities.

The provisions of this clause requiring advertising for bids

or sale at public auction and sale to the highest bidder shall

not apply where township real or personal property is to be sold

to a county, city, borough, town, township, institution

district, school district, volunteer fire company, volunteer

ambulance service or volunteer rescue squad located within the

township, or authority as defined in 53 Pa.C.S. § 5602 (relating

to definitions), or to a nonprofit corporation engaged in

community industrial, commercial or affordable housing

development or reuse or where real property is to be sold to a

person for his exclusive use in an industrial development

program or where real property is to be sold to a nonprofit

corporation organized as a public library, or where real

property is to be sold to a nonprofit medical service

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corporation as authorized by clause LXXII of section 1502, or

where real property is to be sold to a nonprofit housing

corporation as authorized by clause LXXIII of section 1502. When

real property is to be sold to a nonprofit corporation organized

as a public library or to a nonprofit medical service

corporation or to a nonprofit housing corporation the board of

township commissioners may elect to accept such nominal

consideration for such sale as it shall deem appropriate. Real

property sold pursuant to this clause to a volunteer fire

company, volunteer ambulance service or volunteer rescue squad,

nonprofit medical service corporation or to a nonprofit housing

corporation shall be subject to the condition that when the

property is not used for the purposes of the company, service,

squad or the corporation the property shall revert to the

township.

Any officer who sells and each officer who votes in favor of

selling any township property, either real or personal, without

the provisions of this section having been complied with, shall

be subject to surcharge in the amount of any loss sustained by

the township by reason of such sale.

The exemption granted by this clause to nonprofit

corporations engaged in community, industrial, commercial or

affordable housing development or reuse shall not apply to

property owned and operated by the township or subcontracted or

operated on the behalf of the township in order to conduct

existing governmental functions.] may:

(1) Sue and be sued.

(2) Have and use a corporate seal and alter the seal.

(3) Purchase, exchange, acquire by gift, or otherwise, hold,

lease, let and convey, by sale or lease, real and personal

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property deemed to be to the best interest of the township

subject to the restrictions, limitations or exceptions as set

forth in this act.

Section 53. The act is amended by adding sections to read:

Section 1501.1. Real Property.--(a) No real estate owned by

the township may be sold for a consideration in excess of six

thousand dollars except to the highest bidder after due notice

by advertisement for bids or advertisement of a public auction.

(b) The advertisement shall be published once in one

newspaper of general circulation not less than ten days prior to

the date scheduled for the opening of bids or public auction.

The date for opening bids or public auction shall be announced

in the advertisement.

announcement at a regular or special meeting of the board of

commissioners or at the public auction. A bid shall be accepted

on the condition that payment of the purchase price in full

shall be made within sixty days of the acceptance of a bid

unless otherwise specified in the bid advertisement. If no

compliant bids are received after advertisement, the applicable

procedures in the act of October 27, 1979 (P.L.241, No.78),

entitled "An act authorizing political subdivisions,

municipality authorities and transportation authorities to enter

into contracts for the purchase of goods and the sale of real

and personal property where no bids are received," shall be

followed.

(d) The board of commissioners shall have the authority to

reject all bids if the bids are deemed to be less than the fair

market value of the real property. In the case of a public

auction, the board of commissioners may establish a minimum bid

20190HB2073PN2927 - 154 -

based on the fair market value of the real property.

(e) Real estate owned by a township may be sold for a

consideration of six thousand dollars or less without

advertisement or competitive bidding only after the board of

commissioners estimates the value of the property upon receipt

of an appraisal by a qualified real estate appraiser. Prior to

selling real estate valued at six thousand dollars or less

without advertisement or competitive bidding, the board of

commissioners shall make a public announcement of the board's

intention to sell the real estate at a regular or special

meeting of the board at least thirty days prior to the sale.

(f) (1) Notwithstanding this section, the board of

commissioners shall have the authority to exchange real property

for real property of equal or greater value without complying

with this section if the property being acquired by the township

is to be used for municipal purposes. Municipal purposes as used

in this subsection include a subsequent sale or lease of the

property to any of the entities listed in section 1501.3.

(2) A conveyance of real property acquired in an exchange to

an entity listed in section 1501.3 may contain a clause under

which the lands and buildings will revert to the township if

they are no longer being used for the purposes of the entity.

(3) If the board of commissioners chooses to exercise its

power of real property exchange under this section, it shall be

by resolution adopted by the board of commissioners. Notice of

the resolution, including a description of the properties to be

exchanged, shall be published once in one newspaper of general

circulation not more than sixty days nor fewer than seven days

prior to adoption.

(4) Participation in a real property exchange may not

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prohibit the application of the requirements of the act of

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

Management Act.

Section 1501.2. Personal Property.--(a) Except as provided

in subsection (d), no township personal property may be disposed

of, by sale or otherwise, except upon approval of the board of

commissioners. In cases when the board of commissioners approves

a sale of the property, the board of commissioners shall

estimate the fair market value of the entire lot to be disposed

of. If the board of commissioners estimates the fair market

value to be two thousand dollars or more, the entire lot shall

be advertised for sale once, in at least one newspaper of

general circulation, not less than ten days prior to the date

fixed for the opening of bids or public auction. The date of

opening of bids or public auction shall be announced in the

advertisement, and sale of the property advertised shall be made

to the highest bidder.

(b) A public auction of personal property may be conducted

by means of an online or electronic auction sale. During an

electronic auction sale, bids shall be accepted electronically

at the time and in the manner designated in the advertisement.

During the electronic auction, each bidder shall have the

capability to view the bidder's bid rank or the high bid price.

A bidder may increase his bid price during the electronic

auction. The record of the electronic auction shall be

accessible for public inspection. The purchase price shall be

paid by the highest bidder immediately or at a reasonable time

after the conclusion of the electronic auction as determined by

the board of commissioners. In the event that shipping costs are

incurred, they shall be paid by the highest bidder. A township

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that has complied with the advertising requirements of this

section may provide additional public notice of the sale by bids

or public auction in any manner deemed appropriate by the board

of commissioners. The advertisement for electronic auction sales

authorized in this section shall include the Internet address or

means of accessing the electronic auction and the date, time and

duration of the electronic auction.

if the bids are believed to be less than the fair market value

of the property. If no compliant bids are received after

advertisement, the applicable procedures in the act of October

27, 1979 (P.L.241, No.78), entitled "An act authorizing

political subdivisions, municipality authorities and

transportation authorities to enter into contracts for the

purchase of goods and the sale of real and personal property

where no bids are received," shall be followed.

(d) The board of commissioners shall, by resolution, adopt a

procedure for the sale of surplus personal property, either

individual items or lots of items, of an estimated fair market

value of less than two thousand dollars. The approval of the

board of commissioners shall not be required for an individual

sale that shall be made in conformity to the procedure.

(e) The provisions of this section shall not be mandatory

where township personal property is to be traded in or exchanged

for new or used personal property being acquired by the

township, except that the trade or exchange shall be by

resolution.

Section 1501.3. Exceptions.--(a) Nothing under this article

requiring advertising for bids or sale at public auction and

sale to the highest bidder shall apply if township real or

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personal property is to be sold to any of the following:

(1) A county, city, borough, town, township, institution

district, school district, volunteer fire company, volunteer

ambulance service or volunteer rescue squad located within the

township.

(2) A council of government, consortium, cooperative or

other similar entity created under 53 Pa.C.S. Ch. 23 Subch. A

(relating to intergovernmental cooperation).

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

to definitions) or an authority or industrial and commercial

development authority as defined under section 3 of the act of

August 23, 1967 (P.L.251, No.102), known as the Economic

Development Financing Law.

(4) A nonprofit corporation engaged in community,

industrial, commercial or affordable housing development or

reuse.

(5) A person for the person's exclusive use in an industrial

development program.

(6) A nonprofit corporation organized as a public library.

(7) A nonprofit medical service corporation as authorized by

section 1502.46.

(8) A nonprofit housing corporation as authorized under

section 1502.47.

(b) If real property is to be sold to a nonprofit

corporation organized as a public library or to a nonprofit

medical service corporation or to a nonprofit housing

corporation, the board of commissioners may elect to accept

nominal consideration for the sale as the board deems

appropriate.

20190HB2073PN2927 - 158 -

fire company, volunteer ambulance service or volunteer rescue

squad, nonprofit medical service corporation or to a nonprofit

housing corporation shall be subject to the condition that when

the property is not used for the purposes of the company,

service, squad or corporation the property shall revert to the

township.

Section 1501.4. Surcharge from Sale or Lease.--A

commissioner who votes in favor of or knowingly participates in

the sale or lease of township real or personal property in

violation of this article is subject to surcharge to the extent

of any loss or injury to the township as a result of the sale or

lease.

Section 1501.5. General Powers.--The board of commissioners

may make and adopt any ordinances, bylaws, rules and regulations

not inconsistent with or restrained by the Constitution and laws

of this Commonwealth as may be expedient or necessary for the

proper management, care and control of the township and its

finances, and the maintenance of peace, good government and

welfare of the township and its trade, commerce and

manufactures.

Section 54. Section 1502 of the act, amended July 2, 2019

(P.L.349, No.50), is amended to read:

Section 1502. [The corporate power of a township of the

first class shall be vested in the board of township

commissioners. The board shall have power--

I. Ordinances and Resolutions. (a) To adopt resolutions

and ordinances prescribing the manner in which powers of the

township shall be carried out, and generally regulating the

affairs of the township. All such proposed ordinances, unless

otherwise provided by law, shall be published at least once in

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one newspaper of general circulation in the township not more

than sixty days nor less than seven days prior to passage.

Publication of any proposed ordinance shall include either the

full text thereof or the title and a brief summary prepared by

the township solicitor setting forth all the provisions in

reasonable detail and a reference to a place within the township

where copies of the proposed ordinance may be examined. If the

full text is not included a copy thereof shall be supplied to a

newspaper of general circulation in the township at the time the

public notice is published. If the full text is not included an

attested copy thereof shall be filed in the county law library

or other county office designated by the county commissioners

who may impose a fee no greater than that necessary to cover the

actual costs of storing said ordinances. Filing with the county

may be completed by the submission of an electronic copy of the

ordinance through a method available, in the sole discretion of

the county, to permit receipt by the office storing municipal

ordinances. Upon request by the township, the county shall

notify the township of the method by which electronic copies may

be submitted. The county may store the ordinance electronically,

provided that the public is able to access the electronically

stored township ordinances during regular business hours at the

office or at a remote location. The township shall retain a

printed copy of the e-mail and ordinance as transmitted. The

date of such filing shall not affect the effective date of the

ordinance, the validity of the process of the enactment or

adoption of the ordinance. In the event substantial amendments

are made in the proposed ordinance or resolution, upon

enactment, the board shall within ten days readvertise in one

newspaper of general circulation in the township, a brief

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summary setting forth all the provisions in reasonable detail

together with a summary of the amendments. In any case in which

maps, plans or drawings of any kind are adopted as part of an

ordinance, the commissioners may, instead of publishing the same

as part of the ordinance, refer, in publishing the ordinance, to

the place where such maps, plans or drawings are on file and may

be examined. No ordinance, resolution pertaining to a tax levy,

or resolution of a legislative character in the nature of an

ordinance, shall be considered in force until the same is

recorded in the ordinance book of the township. All township

ordinances and all township resolutions pertaining to tax levies

shall, within one month after their passage, be recorded by the

township secretary in a book provided for that purpose, which

shall be at all times open to the inspection of citizens. A

failure to record within the time provided shall not be deemed a

defect in the process of the enactment or adoption of such

ordinance or resolution. The entry of the township ordinance or

resolution in the ordinance book by the secretary shall be

sufficient without the signature of the president of the board

of commissioners or other person. Any and all township

ordinances or portions thereof, the text of which prior to the

effective date of this amendment shall have been attached to the

ordinance book, shall be considered in force just as if such

ordinances or portions thereof had been recorded directly upon

the pages of such ordinance book: Provided, That all other

requirements of this act applicable to the enactment, approval,

advertising and recording of such ordinances or portions thereof

were complied with within the time limit prescribed by this act.

(b) Whenever any township shall have caused to be prepared a

consolidation, codification or revision of the general body of

20190HB2073PN2927 - 161 -

township ordinances, or the ordinances on a particular subject,

the board of township commissioners may adopt such

consolidation, codification or revision as an ordinance of the

township, in the same manner that is now prescribed by law for

the adoption of township ordinances, except as hereinafter

provided.

Any such consolidation, codification or revision of township

ordinances to be enacted as a single ordinance shall be

introduced in the board of township commissioners at least

thirty days before its final enactment, and at least fifteen

days before its final enactment, notice of the introduction of

any consolidation, codification or revision, specifying its

general nature and listing its table of contents, shall be given

by advertisement in a newspaper of general circulation in said

township.

When any such consolidation, codification or revision has

been enacted as an ordinance, it shall not be necessary to

advertise the entire text thereof, but it shall be sufficient in

any such case, to publish a notice stating that such

consolidation, codification or revision, notice of the

introduction of which had previously been given, was finally

enacted.

The procedure set forth in this section for the

consolidation, codification or revision of township ordinances

as a single ordinance may also be followed in enacting a

complete group or body of ordinances, repealing or amending

existing ordinances as may be necessary, in the course of

preparing a consolidation, codification or revision of the

township ordinances, except that in such case the advertisement

giving notice of the introduction shall list, in lieu of a table

20190HB2073PN2927 - 162 -

of contents, the titles only of each of the ordinances in such

complete group or body of ordinances, and the notice following

enactment shall simply state that such group or body of

ordinances was passed finally.

resolution may be made to the court. In cases of the laying out

of streets over private property the court shall have

jurisdiction to review the propriety as well as the legality of

the ordinance.

(d) Any ordinance may be adopted by reference to a standard

or nationally recognized code, or to parts thereof, determined

by the board, or the provisions of the ordinance may be supplied

by reference to a typed or printed code, prepared under the

direction of or accepted by the board, or the provisions may

consist of a standard or nationally recognized code, or parts

thereof, and also further provisions typed or printed as

aforesaid: Provided, however, That no portion of any code which

limits the work to be performed to any type of construction

contractor, or labor or mechanic classification shall be

adopted.

Publication of such code, or amendments thereto, in full

shall not be required, but it shall be sufficient compliance

with this act, in such publication as is required, to set forth

briefly the substance of such proposed code and to give notice

of the place where such code is on file and may be examined. Not

less than three copies of such code, portion, or amendment which

is incorporated or adopted by reference, shall be filed with the

secretary of the township at least ten days before the board

considers the proposed ordinance and upon enactment kept with

the ordinance book, and available for public use, inspection and

20190HB2073PN2927 - 163 -

examination.

Any ordinance adopted by reference to any code shall be

enacted within sixty days after it is filed with the secretary

of the township and, in the case of a standard or nationally

recognized code, shall encompass the provisions of the code

effective as of the code date stated in the ordinance.

Any township that has adopted any standard or nationally

recognized code by reference may adopt subsequent ordinances

which incorporate by reference any subsequent changes thereof,

properly identified as to date and source, as may be adopted by

the agency or association which promulgated the code.

Any ordinances which incorporate code amendments by reference

shall become effective after the same procedure and in the same

manner as is herein specified for original adoption of any such

code.

II. Fines for Violation of Ordinances. To prescribe fines

and penalties, not exceeding one thousand dollars for a

violation of a building, housing, property maintenance, health,

fire or public safety code or ordinance and for water, air and

noise pollution violations, and not exceeding six hundred

dollars for a violation of any other township ordinance, which

fines and penalties may be collected by suit brought in the name

of the township before any justice of the peace, in like manner

as debts of like amount may be sued for by existing laws, and to

remit such fines and penalties.

III. Officers, Positions and Departments. To create any

office, position or department which may be deemed necessary for

the good government and interests of the township; and to fix

the compensation of persons appointed thereto.

IV. Township Manager. To create, by ordinance, the office of

20190HB2073PN2927 - 164 -

township manager, and in like manner to abolish the same. The

township manager shall serve at the pleasure of the board of

commissioners, subject to contractual rights that may arise

under an employment agreement that may be entered in accordance

with this clause.

The powers and duties of the township manager shall be

regulated by ordinance. The board of commissioners may enter

into an employment agreement with the township manager. The

employment agreement may set forth the terms and conditions of

employment, and the agreement may provide that it shall remain

in effect for a specified period terminating no later than two

years after the effective date of the agreement or the date of

the board of commissioners' organizational meeting following the

next municipal election, whichever shall first occur. An

employment agreement entered into pursuant to this clause may

specify conditions under which a township manager would be

entitled to severance compensation, but in no event shall an

employment agreement guarantee employment through the term of

the agreement or confer upon the township manager any legal

remedy based on specific performance. The commissioners may

delegate, subject to recall, any of their respective non-

legislative and non-judicial powers and duties to the township

manager. He shall, if required by the township commissioners,

give a bond to the township, with a surety company or other

company authorized by law to act as surety, to be approved by

the commissioners, in such sum as it shall, by ordinance or

resolution, direct, conditioned for the faithful performance of

his duties.

V. Police Force. To establish, equip, and maintain a police

force, and to define the duties of the same.

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VI. Lockups and Commitments. To provide for the erection or

purchase of lockups in the township for the detention and

confinement of vagrants and persons arrested by the police

officers until the persons so arrested can be taken before a

justice of the peace for hearing; but no person shall be

detained therein for a longer time than twenty-four hours

(Sunday excepted) except upon order of a justice of the peace,

legally authorized, who may commit any such person for further

hearing.

VII. Committing Magistrate. To designate, from time to time,

one of the justices of the peace to sit at the police station or

town hall as a committing magistrate.

VIII. Vagrants. To arrest and confine, and to set to work on

the streets or elsewhere, all vagrants found in the township.

IX. Disorderly Practices. To define and prohibit disorderly

practices within the limits of the township.

X. Public Safety. To take all needful means for securing the

safety of persons or property within the township.

XI. Road Implements. To purchase tools, implements,

machinery, timber, and materials necessary for the making,

paving, and repairing of streets and sidewalks, and other public

work; to employ sufficient number of laborers to make and repair

the same; and to lease or lend such tools, implements, and

machinery to other townships, boroughs, or cities.

XII. Lights. To establish lights along the streets and

highways, wherever deemed expedient. No such lights shall be

established upon State highways until a permit has first been

obtained from the State Department of Highways, or upon county

highways until a permit has first been obtained from the county

commissioners.

20190HB2073PN2927 - 166 -

XIII. Lighting Assessments. On the petition of the owners of

a majority of the lineal feet frontage along any street or

highway, or portion thereof, in any village within the township,

to enter into contracts with electric, gas, or other lighting

companies to light and illuminate the streets, highways, and

other public places in said village with electric light, gas

light, or other illuminant.

The township commissioners shall annually assess, or cause to

be assessed, the cost and expense of the maintenance of said

lights by an equal assessment on all property benefited by such

lighting in proportion to the number of feet the same fronts on

the street, or highway, or portion thereof to be lighted. The

board of township commissioners may provide for an equitable

reduction from the frontage of lots, at intersections, or where,

from the peculiar or pointed shape of lots, an assessment of the

full frontage would be inequitable. No such assessment shall be

made against any farm land, but vacant lots between built-up

sections, whether tilled or untilled, shall not be deemed to be

farm lands: Provided, however, That the assessment per front

foot against vacant lots shall be only twenty-five per centum

(25%) of the assessment per foot front against property with

improvements thereon. All such assessments for street lighting

shall be filed with the township tax collector, who shall give

thirty days' written or printed notice that the assessments are

due and payable, stating the due date to each party assessed,

either by service on the owner of the property, or by mailing

such notice to the owner at his last known post office address.

The township tax collector shall be entitled to the same

commission for the collection of such assessments as he is

entitled to by law for the collection of the township tax. If

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the assessments, or any of them remain unpaid, on the first

Monday of May of the succeeding year they shall be placed in the

hands of the township solicitor for collection. The solicitor

shall collect the same, together with five per centum (5%) as

attorney's commission, and interest from the date such

assessments were due, by a municipal claim filed against the

property of the delinquent owner in like manner as municipal

claims are by law filed and collected. Where an owner has two or

more lots against which there is an assessment for the same

year, all such lots shall be embraced in one claim. All

assessments, when collected, shall be paid over to the township

treasurer, who shall receive and shall keep all such assessments

collected for lighting the streets and highways in a separate

account and pay out the same only upon orders signed by the

president or vice president of the township commissioners,

attested by the secretary or assistant secretary. The treasurer

shall make a report to the auditor or controller of the township

annually.

Ornamental Standards for Street Lighting. On the petition of

the owners of seventy-five per cent of the lineal feet frontage

along any street or highway or portion thereof in any village

within the township to provide for the furnishing and

installation of ornamental standards for street lighting with

fittings and underground wiring therefor along such street or

highway or the portion thereof affected, and to enter into

contracts with electric, gas or other lighting companies to

furnish and install such standards with the fittings and wiring

therefor.

The board of township commissioners shall assess or cause to

be assessed the cost and expense of the furnishing and

20190HB2073PN2927 - 168 -

installation of said standards, fittings and underground wiring

by an equal assessment on all property benefited by the

furnishing and installation of such standards, fittings and

underground wiring in proportion to the number of feet the same

fronts on the street or highway or portion thereof to be

lighted. The township commissioners may provide for an equitable

reduction from the frontage of lots at intersections, or where

from the peculiar or pointed shape of lots an assessment of the

full frontage would be inequitable. No such assessment shall be

made against any farm land, but vacant lots between built-up

sections, whether tilled or untilled, shall not be deemed to be

farm lands. All such assessments for the cost of furnishing and

installation of such standards, fittings and underground wiring

shall be filed with the township tax collector, who shall give

thirty days written or printed notice that the assessments are

due and payable, stating the due date to each party assessed,

either by service on the owner of the property or by mailing

such notice to the owner at his last known post office address.

The township tax collector shall be entitled to the same

commission for the collection of such assessments as he is

entitled to by law for the collection of the township tax. If

the assessments or any of them remain unpaid at the expiration

of a period not exceeding ninety days, the exact time to be

fixed by the board of township commissioners, they shall be

placed in the hands of the township solicitor for collection.

The solicitor shall collect the same together with five per

centum (5%) as attorney's commission and interest from the date

such assessments were due by a municipal claim filed against the

property of the delinquent owner in like manner as municipal

claims are by law filed and collected. Where an owner has two or

20190HB2073PN2927 - 169 -

more lots against which there is an assessment all such lots may

be embraced in one claim. All assessments when collected shall

be paid over to the township treasurer who shall receive and

shall keep all such assessments collected in a separate account

and pay out the same only upon orders signed by the president or

vice president of the township commissioners, attested by the

secretary or assistant secretary. The treasurer shall make a

report to the auditor or controller of the township annually

until all of such assessments are paid in full.

XIV. Water Supplies. To enter into contracts with any person

or corporation to supply water for fire protection and other

purposes for a period not exceeding twenty years. No such

contract shall be exclusive as against the right of any other

water company, nor interfere with the right of such township to

erect, maintain, and operate its own waterworks.

XV. Fire and Water Districts; Bond Issues and Taxes. To

create, by ordinance, fire and water districts in any portion or

portions of townships when, in their opinion, the same is

necessary for the safety and convenience of the inhabitants of

said township; to issue bonds restricted to the districts so

created, for the purpose of procuring and maintaining the

necessary supply of water to said district; and to levy such

special tax restricted to said district as may be necessary to

redeem any bonds so issued. To pay the cost or part of the cost

of such water supply or water lines, the township commissioners

may charge for any such water supply or water lines by an

assessment of a special water or fire tax on all surface

properties or real estate located in the water or fire district,

which tax shall be based on the assessment for county purposes

as established for general taxation. Such tax may be levied for

20190HB2073PN2927 - 170 -

a single year or for a term of years as the township

commissioners may determine, but in the case of fire districts

shall not exceed two mills per annum, and shall be collected in

the same manner as other taxes. In lieu of the foregoing

provisions, or in order to defray part of the cost of such water

supply or water lines, in all cases where said township shall

have established a water system and shall construct main water

lines in said township, the board of township commissioners may

charge the cost of construction of any municipal water lines or

lateral lines, upon any streets or highways adjacent to main

lines, or such portion of the cost of construction as the board

may deem proper, upon the properties benefited or accommodated

thereby. The ordinance, providing for such charge, shall be

adopted by the board within six months from date of the final

completion of such system of water lines. Said charges shall be

assessed and collected in the manner provided in this act for

the assessment and collection of charges for the construction of

sewers.

XVI. Fire Regulations. To make regulations within the

township or within such limits, as may be deemed proper,

relative to the cause and management of fires and the prevention

thereof; to purchase or contribute to the purchase of fire

engines and fire apparatus for the use of the township, and to

appropriate money to fire companies for the operation and

maintenance thereof and for the construction, repair and

maintenance of fire company houses; to ordain rules and

regulations for the government of such fire companies and their

officers, and to regulate the method to be followed in the

extinguishment of fires.

XVII. Fire Houses. To provide and maintain suitable places

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for the housing of engines, hose carts, and other apparatus for

the extinguishment of fire.

XVIII. Building and Housing Regulations. To prohibit or

regulate the erection of wooden buildings and housing in certain

parts of the township and make regulations for the construction

of new buildings and housing and the alteration and repair of

old ones, and to require that before the work begins municipal

approval of the plans and specifications therefor be secured; to

classify buildings and housing or parts of buildings and housing

according to the use to be made of them; to specify the mode of

construction of such different classes of buildings and housing;

and to require that before any use or occupancy be changed from

any classification to a different classification, as to which

more stringent regulations are prescribed under the provisions

of any ordinance relating thereto, municipal approval of the

plans and specifications therefor be secured.

XIX. Building and Housing Sanitation Regulations. In

addition to other remedies provided by law, and in order to

promote the public health, safety, morals, and the general

welfare, to enact and enforce suitable ordinances to govern and

regulate the construction, alteration, repairs, occupation,

maintenance, sanitation, lighting, ventilation, water supply,

toilet facilities, drainage, use, and inspection of all

buildings and housing, or parts of buildings and housing,

constructed, erected, altered, designed or used, in whole or in

part, for human habitation or occupancy, and of the sanitation

and inspection of land appurtenant thereto in accordance with

Article XXXI-A.

XX. Building and Housing Inspectors.

XXI. Building Lines. To establish, by ordinance, and

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maintain uniform building lines upon any or all public streets

or highways of the township.

XXII. Numbering Buildings. To provide for and regulate the

naming of streets and highways; and to require and regulate the

numbering of buildings.

XXIII. Insurance. To make contracts with any fire insurance

company, association or exchange, including mutual companies

duly authorized by law to transact insurance business in the

Commonwealth, insuring any building or property of the township;

to make contracts with any insurance company insuring any public

liability of the township; to appropriate such amount as may be

necessary to secure insurance or compensation for volunteer

firemen of companies duly recognized by the township by motion

or resolution, killed or injured while going to or returning or

attending fires; to make contracts of insurance with any

insurance company, association or exchange authorized to

transact business in this Commonwealth insuring township

employes or any class or classes thereof under a policy or

policies of insurance covering workmen's compensation, life,

health or accident insurance, and to contract with any such

company granting annuities or pensions for the pensioning of

such employes, and to agree to pay part or all of the premiums

or charges for carrying such contracts, and to appropriate

moneys from the township treasury for such purposes.

XXIV. Markets, Market Houses and Peddling. To regulate

markets and peddling, whether for individual use or for resale;

to provide and enforce regulations for markets and market

houses, whether for individual use or for sale or resale; and to

acquire and own ground for and to erect, establish, and maintain

market houses and market places, for which latter purposes,

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parts of any streets, highways or sidewalks may be temporarily

used as specified by the township commissioners; to contract

with any person, firm, or corporation for the erection,

maintenance, and regulation of market houses and market places,

on such terms and conditions and in such manner as the board of

commissioners may prescribe; to provide for the payment of the

cost and expense of providing markets and market houses, either

in whole or in part, from township funds; and to levy and

collect a license tax from every person who may be authorized to

occupy any portion of said market houses or places.

XXV. Milk Inspection. To provide for the inspection of milk

and milk products; and to make regulations concerning the

character and kind of milk and milk products which may be sold.

XXVI. Nuisances. To prohibit and remove any obstruction or

nuisance in the streets and highways of the township; to make

regulations respecting pigpens, slaughter houses, manure pits,

drains, dumps, cesspools, and similar conditions, to prohibit

and remove any noxious or offensive manufacture, art or

business, or dangerous structure, or weeds, or any other

nuisance whatsoever, on public or private grounds, prejudicial

to the public health or safety, or to require the removal of the

same by the owner or occupier of such grounds; in default of

which, the township may cause the same to be done and collect

the cost thereof, together with a penalty of ten per centum of

such cost, in the manner provided by law for the collection of

municipal claims or by action of assumpsit without the filing of

a claim, or may seek relief by bill in equity.

XXVII. Ashes, Garbage, Rubbish and Refuse Materials. To make

regulations relative to the accumulation of manure, compost and

the like; to prohibit accumulation of ashes, garbage, rubbish

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and other refuse materials upon private properties including the

imposition and collection of reasonable fees and charges for the

collection, removal and disposal thereof, and to prescribe fines

and penalties for the violation of such regulations; to collect,

remove and dispose of or to provide, by contract or otherwise,

for the collection, removal and disposal by incineration, land

fill or other methods of ashes, garbage, rubbish and other

refuse materials; and to prescribe penalties for the enforcement

thereof. Any such contract may be made for a period not

exceeding three years: Provided, That this limitation shall not

apply to contracts entered into with any other political

subdivision or with any municipality authority. To acquire any

real property and to erect, maintain, improve, operate and

lease, either as lessor or lessee, facilities for incineration,

land fill or other methods of disposal, either within or without

the limits of the township, including equipment, either

separately or jointly, with any other political subdivision or

with any municipality authority in order to provide for the

destruction, collection, removal and disposal of ashes, garbage,

rubbish and other refuse materials; and to provide for the

payment of the cost and expense thereof, either in whole or

part, out of the funds of the township and to acquire and to

maintain lands and places for the dumping of ashes, garbage,

rubbish and other refuse material. To fix, alter, charge and

collect rates, and other charges for the collection, removal and

disposal of ashes, garbage, rubbish and other refuse materials

and the costs of including the payment of any indebtedness

incurred for the construction, purchase, improvement, repair,

maintenance and operation of any facilities therefor, and the

amount due under any contract with any other political

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subdivision or with any municipality authority furnishing any of

such services or facilities. To incur indebtedness and issue

bonds for the costs of the construction, purchase, improvement

and repair of any facilities for the collection, removal and

disposal of ashes, garbage, rubbish and other refuse materials,

including equipment to be used in connection therewith. To make

appropriations to any other political subdivision or any

municipality authority out of its general funds or out of any

other available funds, including the proceeds of bonds of the

township for the construction, purchase, improvement, repair,

maintenance and operation of any facilities for the collection,

removal and disposal of ashes, garbage, rubbish and other refuse

materials. In the event that any such bonds were issued for such

purposes, pursuant to a vote of the electors, any appropriation

of such proceeds as above set forth shall not be deemed such a

change of purpose from that for which such bonds were issued as

shall require the question to be again submitted to a vote of

the electors under any existing law. Any such funds appropriated

as herein authorized, which represent the proceeds of any bonds

heretofore or hereafter issued by the township for the above

purposes, shall be used by such other political subdivision or

municipality authority for or toward the purpose or purposes for

which such bonds were issued.

XXVIII. Inflammable and Explosive Articles. To prohibit the

manufacture, sale or storage of inflammable and explosive

articles; to prescribe the quantities of inflammable and

explosive articles that may be kept in any place; and to

prescribe such other safeguards as may be deemed necessary.

XXIX. Smoke Regulations. To regulate the emission of smoke

from chimneys, smokestacks and other sources, except locomotive

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smokestacks.

XXX. Animals. To prohibit or regulate the running at large

of dogs and in the enforcement of such regulations to direct the

killing of dogs or their seizure and detention, including

reasonable charges therefor, or to provide for their sale for

the benefit of the township; to prohibit and regulate the

running at large of other animals and to authorize their seizure

and detention, including reasonable charges therefor, and to

provide for their sale for the benefit of the township.

XXXI. Amusements. To regulate, license, and fix the time of

opening and closing of, or to prohibit, theatrical exhibitions,

amusements and dances at which an admission or other fee is

charged; to regulate, license and fix the time of opening and

closing poolrooms, billiard-rooms, shooting galleries, skating

rinks and bowling alleys; and to license, regulate or prohibit

circuses.

XXXII. Party Walls and Fence Regulations. To make

regulations respecting foundations, party walls and partition

fences; and to prescribe reasonable fees for the services of its

officers and agents in the adjustment of party walls, partition

fences and the like, and to enforce payment of the same.

XXXIII. Watering Troughs. To erect watering troughs along

the streets or highways and to keep the same in repair.

XXXIV. Ambulances and Rescue and Life Saving Services. To

acquire and to operate and maintain motor vehicles for the

purposes of conveying sick and injured persons of such township

and the vicinity to and from hospitals, and, for such purposes,

to appropriate and expend moneys of the township or to

appropriate money annually towards ambulance and rescue and life

saving service, and to enter into contracts relating thereto.

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All appropriations of money heretofore made and contracts

heretofore entered into by any township for such service are

hereby validated and confirmed.

XXXV. Display of Flags. To display the flag of the United

States, of the Commonwealth of Pennsylvania, the official

POW/MIA flag and the flag of any county, city, borough, or

township on the public buildings or grounds or any property of

the township.

XXXVI. Memorial Day Appropriations. To appropriate moneys

for the expenses of Memorial Day services.

XXXVII. Care of Memorials. To maintain and keep in good

order and repair at the expense of the township, and it shall be

their duty so to do, any soldiers' monument, gun, or carriage,

or other similar memorial, when there is not in existence any

person, body or organization to care for and maintain the same,

and when such memorials were not erected by the government of

the United States, the Commonwealth of Pennsylvania, any other

state, or by the commissioners of any county; and to receive

from persons or organizations funds for such purposes.

XXXVIII. Soldiers' Cemeteries. To purchase plots of ground

in any cemetery or burial ground for the interment of such

deceased service persons who shall hereafter die within such

township, or shall die beyond such township and shall have a

legal residence within such township at the time of their death,

and whose bodies are entitled to be buried by the county under

the provisions of existing laws. Such plots of ground shall be

paid for out of the treasury of such township.

XXXIX. Appropriations to Civic Associations. To annually

appropriate a sum, not exceeding two hundred dollars, for the

support of any voluntary association composed of electors of the

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several townships within such county, or any of them, which

association is formed for the study and investigation of the

welfare, economics, management and government of townships, and

for the protection and safeguarding of the rights and franchises

of townships, and for the purpose of recommending legislation

beneficial to townships, or any one or more of such purposes.

XL. Armory Buildings. To appropriate money or convey land,

either independently or in connection with any county, city,

town, borough, or township, to the Commonwealth of Pennsylvania

for the purpose of assisting the Armory Board of the

Commonwealth in the erection of armories for the use of the

National Guard, and to furnish water, light, or fuel, free of

cost to the Commonwealth, for use in any armory, and to do all

things necessary to accomplish the purposes of this clause.

XLI. Land for Armories. To take by right of eminent domain,

for the purpose of appropriating to themselves, for the use of

the National Guard of Pennsylvania, such public land, easements,

and public property as may be in their possession or control,

and used or held by them for any other purpose. Such right,

however, shall not be exercised as to any street or highway or

wharf, but all other public easements and property may be

appropriated and used for the purpose herein provided, any

limitation of the use thereof by the township, either by

donation, dedication, appropriation, statute, or otherwise, to

the contrary notwithstanding.

XLII. Land for Armory Purposes. To acquire, by purchase or

by gift or by the right of eminent domain, any land for the use

of the National Guard of Pennsylvania, and to convey such lands

so acquired to the Commonwealth of Pennsylvania to assist the

Armory Board in the erection of armories. The proceedings for

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the condemnation of lands under the provisions of this act, and

for the assessment of damages for property taken, injured or

destroyed, shall be taken in the same manner as is now provided

by this act for the condemnation of lands. The power conferred

by this clause shall not be exercised to take any church

property, graveyard, cemetery, or any dwelling house, or the

curtilage of the same, in the actual occupancy of the owner.

XLIII. Junk Dealers, Pawnbrokers, Auctions. To regulate and

license junk dealers, pawnbrokers, hucksters, peddlers, vendors,

and public auctions and auctioneers and to regulate and license

the establishment and maintenance of junk yards, salvage yards

and other places used and maintained for the collection, storage

and disposal of used and second-hand goods and materials.

XLIV. Health and Cleanliness Regulations. To make such

regulations as may be deemed necessary for the health, safety,

morals, general welfare, cleanliness, beauty, convenience and

comfort of the township and the inhabitants thereof.

XLV. Comfort and Waiting Stations and Drinking Fountains. To

acquire property for the purposes of providing, maintaining, and

operating thereon comfort and waiting stations and drinking

fountains; and to construct and maintain such stations and

fountains on any of the streets or highways of the township.

XLVI. Support of National Guard Units. To appropriate

annually a sum not exceeding seven hundred and fifty dollars for

the support and maintenance, discipline and training of any

dismounted company or similar unit of the National Guard, and a

sum not to exceed fifteen hundred dollars for the support and

maintenance of any mounted or motorized troop or similar unit of

the National Guard. Where such units are organized as a

battalion, regiment or similar organization, the total amount

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due may be paid to the commanding officer of the battalion,

regiment or similar organization. Any moneys so appropriated

shall be paid by warrant drawn to the order of the commanding

officer of such company, battalion, regiment or similar

organization, only when it shall be certified to the township,

by the Adjutant General of the State, that the said company or

companies have satisfactorily passed the annual inspection

provided by law. The moneys so appropriated shall be used and

expended solely and exclusively for the support and maintenance,

discipline and training of the said company, battalion,

regiment, or similar organization; and the commanding officer

shall account, by the proper vouchers to the said township each

year, for the expenditure of the money so appropriated, and no

appropriation shall be made for any subsequent year until the

expenditure of the previous year is duly and satisfactorily

accounted for.

The accounts of such expenditures shall be subject to the

inspection of the Department of Military Affairs, and shall be

audited by the Auditor General, in the manner provided by law,

for the audit of accounts of State moneys.

XLVII. Hospital Appropriations. For townships having a

population of two thousand inhabitants and upwards, to

appropriate moneys for the support of any incorporated hospital

which is engaged in charitable work, and extends treatment and

medical attention to the residents of such townships; but no

such appropriation shall exceed, in any year, the cost of free

service extended to residents of the township which is in excess

of any amount paid by the Commonwealth towards such free

service, and in no case more than the sum of one thousand

dollars ($1000).

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XLVII.I. Appropriations to Veterans' Home Associations. To

annually appropriate a sum not exceeding three hundred dollars

for the support of any Veterans' Home Association which provides

a home or club-house within the township, for the use of United

States War Veterans, and which is not maintained in whole or in

part by the United States or any governmental agency other than

the township.

XLVII.II. Appropriations for Community Nursing Services. To

appropriate money annually towards any nonprofit associations or

corporations which provide community nursing services for the

control of communicable disease, the immunization of children,

the operation of child health centers (Well-Baby Clinics),

instructive visits to parents of new babies beginning in the

prenatal period and family health guidance, including nutrition,

detection and correction of defects, all of which relate to the

responsibilities of local boards of health.

XLIX. Parking and Parking Lots. To regulate parking, to

provide parking accommodations so as to promote the convenience

and protection of the public and to establish or designate, at

the discretion of the commissioners, areas exclusively reserved

for parking by handicapped individuals; to erect parking meters

and to regulate parking meter charges and to post signs

regulating parking in areas established or designated for

handicapped parking. To acquire by gift or purchase, or the

right of eminent domain, lands for use as parking lots, and to

plan, design, locate, hold, construct, improve, maintain,

operate, own or lease, either in the capacity of lessor or

lessee and install facilities and equipment, including parking

meters, on any such land to be devoted to the parking of

vehicles of any kind, which in the judgment of the board of

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township commissioners, may be necessary and desirable for the

purpose of establishing and maintaining such parking lots and to

regulate the use thereof. Whenever any lands shall be acquired

by any township for parking lots, they may be operated by such

townships as parking lots for parking vehicles only, but not for

the sale or distribution of any commodity, or when so provided

by ordinance or resolution, they may be let to and for private

operation as parking lots on such terms and conditions as may be

prescribed.

XLIX.I. Appropriations for Certain Streets. To appropriate

money annually for improvements to any street as defined in

section 102, located wholly or partially within the township,

whether township owned or not, which has been adversely affected

by parking availability as determined by the commissioners.

L. Airports. To acquire by lease or purchase or by

exercising the power of eminent domain, in the manner provided

in article nineteen of this act, any land lying either within or

without the limits of the township, which in the judgment of the

board of township commissioners, may be necessary and desirable

for the purpose of establishing and maintaining municipal

airdromes, aviation landing fields and airport facilities. The

title acquired by the township exercising the power of

condemnation shall be a title in fee simple. Any township having

acquired land for such purposes may establish, equip, condition,

operate and maintain the same as a municipal airport, airdrome,

landing field, or intermediate landing field, and may lease the

same or any part thereof, to any individual or corporation

desiring to use the same for aviation purposes, and may enter

into a contract in the form of a lease providing for the use of

said land, or any part thereof, by the Government of the United

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States for the use by said Government of said land for aviation

purposes upon nominal rental or without consideration.

Any township may acquire, by lease or purchase, land for

aviation purposes as hereinbefore provided jointly with any

county, city, borough, township, or political subdivision or

municipality authority of this Commonwealth, and is hereby

authorized and empowered to operate and maintain said airport,

airdrome, landing field, or intermediate landing field jointly

with any county, city, borough, township, or other political

subdivision or municipality authority of this Commonwealth upon

such terms and conditions, as may be agreed upon between the

proper authorities of the county, city, borough, township, or

other political subdivision of this Commonwealth.

LI. Purchase and Planting of Trees. To accept, purchase and

plant or contribute to the purchase and planting of shade trees

and shrubs along the streets, highways and sidewalks of the

township, and to expend township moneys for such purpose.

LII. General Powers. To make and adopt all such ordinances,

by-laws, rules and regulations not inconsistent with or

restrained by the Constitution and laws of this Commonwealth as

may be deemed expedient or necessary for the proper management,

care and control of the township and its finances, and the

maintenance of peace, good government and welfare of the

township and its trade, commerce and manufactures.

LIII. Joint Municipal Agreements. To enter into agreements

with other political subdivisions in accordance with existing

laws in making joint purchases of materials, supplies or

equipment, and in performing governmental powers, duties and

functions, and in carrying into effect provisions of law

relating to said subjects which are common to such political

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subdivisions.

LIV. Joint Contracts for Police and Fire Protection. To

enter into contracts with the proper authorities of near or

adjacent cities, boroughs and townships either for mutual aid or

assistance in police and fire protection, or for the furnishing

to or receiving from such cities, boroughs or townships aid and

assistance in police and fire protection, and to make

appropriations therefor: Provided, That in connection with such

contracts it shall not be necessary to receive bids or require

bonds as required for other contracts under existing law.

LV. Widening and Deepening Water-Courses. After a permit has

been secured from the Water and Power Resources Board, to widen

and deepen water-courses running through the township and to

erect such dykes, retaining walls and embankments along the same

as shall be necessary to prevent water from overflowing the

banks thereof. For such purposes, townships may enter upon and

condemn such property as may be necessary. Townships may enter

upon land lying near such water-courses and secure such material

as may be necessary in connection with such work. Damages for

property taken, injured or destroyed as the result of such work

shall be fixed and determined in the manner provided in article

nineteen of this act. Townships may appropriate moneys for the

purposes of carrying into effect the provisions of this clause.

LVI. Regulation of Charges. To make and regulate charges for

the use of facilities of the township.

LVII. Street, Sewer, Sidewalk, Etc., Regulations. To

regulate the streets, sewers, public squares, common grounds,

sidewalks, curbs, gutters, culverts and drains, and the heights,

grades, widths, slopes and construction thereof, and to grant

rights therein for the installation of public utilities in said

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streets.

LVIII. Creation of Capital Reserve Fund for Anticipated

Capital Expenditures. To create and maintain a separate capital

reserve fund for any anticipated legal capital expenditures,

which fund shall be designated for a specific purpose or

purposes at the time of its creation. The money in the fund

shall be used, from time to time, for the construction, purchase

or replacement of or addition to municipal buildings, equipment,

machinery, motor vehicles or other capital assets of the

township as specified at the time of the creation of the fund

and for no other purpose: Provided, That it may be used for

capital expenditure other than the purpose or purposes specified

at the time it was created, if the commissioners by a four-

fifths vote shall declare that the original purpose or purposes

have become impracticable, inadvisable or impossible, or that

conditions have arisen in the township which make other capital

expenditures more urgent than those for which the fund was

created.

The township commissioners may appropriate moneys from the

general township funds to be paid into the capital reserve fund,

or place in the fund any moneys received from the sale, lease or

other disposition of any township property or from any other

source unless received or acquired for a particular purpose. The

fund shall be controlled, invested, reinvested and administered

and the moneys therein and income from such moneys expended for

the specific purpose or purposes for which the fund is created

in such manner as may be determined by the township

commissioners. The money in the fund, when invested, shall be

invested in securities designated by law as legal investments

for sinking funds of municipalities.

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LIX. Appropriations for Handling, Storage and Distribution

of Surplus Foods. The board of township commissioners of any

township may appropriate from township funds moneys for the

handling, storage and distribution of surplus foods obtained

either through a local, State or Federal agency.

All appropriations of moneys heretofore made by the board of

township commissioners of any township for the handling, storage

and distribution of surplus foods obtained either through a

local, State or Federal agency are hereby validated.

LX. Appropriations for Industrial Promotions. To make

appropriations to an industrial development agency.

LXI. Non-Debt Revenue Bonds. To issue non-debt revenue bonds

pursuant to provisions of the act of June 25, 1941 (P.L.159),

known as the "Municipal Borrowing Law," to provide sufficient

moneys for and towards the acquisition, construction, extension

or improvement of municipal facilities, including water systems

or facilities, sewers, sewer systems and sewage disposal systems

or facilities, systems for the treatment or disposal of garbage

and refuse, aeronautical facilities including but not limited to

airports, terminals and hangars, and park and recreational

facilities, and parking lots to be secured solely by the pledge

of the whole or part of the rent, toll or charge for the use or

services of such facilities.

Included in the cost of the issue may be any costs and

expenses incident to constructing and financing the facilities

and selling and distributing the bonds.

LXII. Appropriating Money for Historical Properties. To

appropriate moneys to nonprofit associations or corporations

organized for the purpose of acquiring and maintaining

historical properties. Such appropriations shall only be used by

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the association or corporation for the acquisition, restoration

and maintenance of the historical properties.

LXIII. Insurance. To expend out of the general township fund

such amount as may be necessary to secure workmen's compensation

insurance for its employes, including volunteer firemen of

companies duly recognized by the township by motion or

resolution killed or injured while going to, returning from or

attending fires, or while performing any other duties authorized

by the township; to make contracts of insurance with any fire

insurance company, duly authorized by law to transact business

in the Commonwealth of Pennsylvania, on any building or property

owned by such township, to make contracts with any insurance

company, so authorized, insuring any public liability of the

township, and to make contracts of insurance with any insurance

company, or nonprofit hospitalization corporation, or nonprofit

medical service corporation, authorized to transact business

within the Commonwealth, insuring its employes or commissioners,

or any class or classes thereof, or their dependents, under a

policy or policies of group insurance covering life, health,

hospitalization, medical and surgical service, or accident

insurance, and may contract with any such company, granting

annuities or pensions, for the pensioning of such employes, or

any class or classes thereof, and for such purposes, may agree

to pay part or all of the premiums or charges for carrying such

contracts, premiums, or charges, or portions thereof. The

commissioners are hereby authorized, enabled and permitted to

deduct from the employe's or commissioner's pay, salary or

compensation such part of the premium or charge, as is payable

by the employe or commissioner, and as may be so authorized by

the employe or commissioner in writing. Such insurance shall be

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uniformly applicable to those covered and shall not give

eligibility preference to, or improperly discriminate in favor

of, commissioners. As used in this clause, the terms "employe"

and "employes" exclude independent contractors and all township

engineers and solicitors. Any life, health, hospitalization,

medical service or accident insurance coverage contract entered

into by a township between January 1, 1959, and December 31,

1984, that includes or provides coverage for commissioners shall

not be void or unlawful solely because of such inclusion of

commissioners; nor shall any penalty, assessment, surcharge or

disciplinary action of any kind occur as a result of such

participation by such commissioners; and insurance benefits

payable to insureds or their beneficiaries arising out of or on

account of deaths, injuries, accidents or illnesses occurring

prior to the effective date of this amendatory act shall remain

the property of the insureds or their beneficiaries.

Any pension or annuity contract entered into by a township

between January 1, 1959, and December 31, 1984, that includes or

provides for benefits for commissioners at township expense

shall not be void or unlawful solely because of such inclusion

of such commissioners; nor shall any penalty, assessment,

surcharge or disciplinary action of any kind occur as a result

of such participation by commissioners: Provided, however, That

anyone entitled to benefit coverage under a pension paid for, in

whole or in part, by any township without lawful authority shall

deliver, surrender and assign to the township all benefits paid

thereunder after December 31, 1984.

Where any official personally contributed toward such a

pension plan or a purchase of such an annuity, he shall be

refunded his total contributions thereto, plus any interest

20190HB2073PN2927 - 189 -

accumulated thereon, less any amount already paid to him under

the annuity or pension plan, when the annuity or pension

benefits are delivered, surrendered or assigned to the township,

or when the annuity becomes the property of the township by

operation of this section. In lieu of a refund of total

contributions plus accumulated interest, an official who

personally contributed toward the pension plan or toward the

purchase of the annuity may elect to purchase from the township

its interest in that pension plan or annuity program. The

election option shall be exercised within sixty (60) days of the

effective date of this act. The value of the interest of the

township in the pension plan or annuity program with respect to

the official shall be determined by the actuary who prepared the

1983 municipal pension report for the township pension plan or

annuity program pursuant to the act of December 6, 1972

(P.L.1383, No.293), entitled "An act requiring municipal pension

systems to have an actuarial investigation of the fund made by

an actuary who shall report his findings to the Department of

Community Affairs," using the same applicable actuarial

assumptions as used in that report or, if no actuary was

retained for the 1983 report or no 1983 report was filed, by an

actuary retained for the purpose of valuing the township

interest. The cost of the actuarial valuation of the township

interest and any future administrative costs of the pension plan

or the annuity program attributable to the official shall be

payable by the official in a manner to be established by

agreement with the township auditors.

No elected or appointed township official included in a

township-paid pension or annuity plan entered into prior to

December 31, 1984, shall be subject to any penalty, assessment,

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surcharge or disciplinary action of any kind as a result of said

participation. Any residual interest, value, refund of premium

or benefits payable on or after December 31, 1984, arising out

of the township-paid interest of the elected or appointed

township officials shall become the exclusive property of the

township.

LXIV. Appropriations for Urban Common Carrier Mass

Transportation. To appropriate funds for urban common carrier

mass transportation purposes from current revenues and to make

annual contributions to county departments of transportation or

to urban common carrier mass transportation authorities to

assist the departments or the authorities to meet costs of

operation, maintenance, capital improvements, and debt service,

and to enter into long-term agreements providing for the payment

of the said contributions.

LXV. Appropriating Money to Assist Political Subdivisions

and Municipality Authorities for Airports. To appropriate moneys

to assist any city, borough, town, township or other political

subdivision or municipality airport authority to acquire,

establish, operate and maintain any and all air navigation

facilities lying either within or without the limits of such

township.

LXVI. Open Burning. To regulate, including the prohibition

of the open burning of combustible material.

LXVII. Community Development. To undertake community

development programs, including but not limited to urban

renewal, public housing, model cities programs and neighborhood

development projects.

LXIX. Appropriations for Observances and Celebrations. To

appropriate annually an amount for the observance of holidays,

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centennials or other anniversaries or for township celebrations

or civic projects or programs.

LXX. Building Hospitals. To appropriate not exceeding one

dollar ($1) per township resident per year toward the

maintenance and/or support of any medical center or hospital

building and further appropriate from such funds toward the

purchase and/or erection of medical or hospital facilities.

Where the total cost of such purchase or erection exceeds one

hundred thousand dollars ($100,000), it will necessitate

approval by the appropriate health planning agency. The number

of residents shall be determined from the latest decennial

Federal census.

LXXI. Appropriations to Tourist Promotion Agencies. To

appropriate annually, such amount of money but not in excess of

ten cents (10¢) for each resident of the township, as determined

by the latest official census, which may be deemed necessary, to

any "tourist promotion agency," as defined in the act of April

28, 1961 (P.L.111, No.50), known as the "Tourist Promotion Law,"

to assist such agencies in carrying out tourist promotional

activities.

LXXII. Sale of Real Property to Nonprofit Medical Service

Corporation. To sell township-owned real property to a nonprofit

medical service corporation for its exclusive use as a site for

a medical service facility.

LXXIII. Sale of Real Property to Nonprofit Housing

Corporation. To sell township-owned real property to a nonprofit

housing corporation for its exclusive use for housing for the

elderly.

LXXIV. Appropriations to Nonprofit Art Corporations. To

appropriate annually, such amount of money, which the board of

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commissioners deems necessary but not exceeding an amount equal

to one mill of the real estate tax to any nonprofit art

corporation for the conduct of its artistic and cultural

activities. For the purposes of this section nonprofit art

corporation shall mean a local arts council, commission or

coordinating agency, or any other nonprofit corporation engaged

in the production or display of works of art, including the

visual, written or performing arts. Artistic and cultural

activities shall include the display or production of theater,

music, dance, painting, architecture, sculpture, arts and

crafts, photography, film, graphic arts and design and creative

writing.

LXXV. Appropriations for Neighborhood Crime Watch Programs.

To appropriate annually, solely at the discretion of the board,

an amount toward a neighborhood crime watch program.

Notwithstanding any other provision of law, no township or

official thereof shall become subject to contractual, tort or

other liability as a result of having made an appropriation

pursuant to this clause.

LXXVI. Appropriation for Support of Drug and Alcohol Abuse

Programs. To appropriate annually, out of the general funds to

the township, a sum not to exceed five thousand dollars ($5000)

to be divided in such amounts as the commissioners deem proper

to be used for education and the development of programs within

the community dealing with drug and alcohol abuse. Such funds

also may be contributed to existing programs available to the

township's residents in adjacent communities or in the county

where the township is situate at the discretion of the township

commissioners.

LXXVII. Assessment of Tapping Fees. To enact, amend and

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repeal ordinances charging certain enumerated fees to property

owners who desire to or are required to connect to any water or

sewer system owned or operated by the township or who desire to

increase their usages of such systems, including connection

fees, customer facility fees and tapping fees, in accordance

with the conditions and restrictions provided in clause (t) of

subsection B of section 4 of the act of May 2, 1945 (P.L.382,

No.164), known as the "Municipality Authorities Act of 1945." No

township may charge any tapping, connection or other similar fee

as a condition of connection to a township-owned sewer or water

system unless the fee is calculated as provided in the

applicable provisions of the "Municipality Authorities Act of

1945."

LXXVIII. Appropriations to Watershed Associations. To

appropriate money to nonprofit watershed associations for

watersheds serving the township. Such appropriations may not be

used to undertake litigation against any municipal corporation

or to seek redress against any individual landowner.

LXXIX. Emergency Services. (a) The township shall be

responsible for ensuring that fire and emergency medical

services are provided within the township by the means and to

the extent determined by the township, including the appropriate

financial and administrative assistance for these services.

(b) The township shall consult with fire and emergency

medical services providers to discuss the emergency services

needs of the township.

organizations receiving township funds to provide to the

township an annual itemized listing of all expenditures of these

funds before the township may consider budgeting additional

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funding to the organization.] Specific Powers.--The corporate

power of a township of the first class shall be vested in a

board of commissioners. In the exercise of any specific powers

involving the enactment of an ordinance, passage of a resolution

or the making of any regulation, restriction or prohibition, the

township may provide for enforcement and penalties for

violations. The specific powers of the township shall include

the powers provided under this article.

Section 55. The act is amended by adding sections to read:

Section 1502.1. Officers, Positions and Departments.--(a)

The board of commissioners may create any office, position or

department which the board may deem necessary for the good of

government and interests of the township and to fix the

compensation of appointed individuals.

(b) The board of commissioners may provide for and regulate

the manner of hiring and discharging employes and the fixing of

salaries or compensation, consistent with applicable Federal and

State law.

Section 1502.2. Police Force.--The board of commissioners

may establish, equip, maintain and define the duties of a police

force.

Section 1502.3. Lockup facilities.--The board of

commissioners may provide for lockup facilities in the township

for the temporary detention and confinement of individuals.

Section 1502.4. Rewards.--The board of commissioners may

offer rewards for information leading to the arrest and

conviction of an individual guilty of a crime within the

township.

Section 1502.5. Disorderly Conduct.--The board of

commissioners may, by ordinance, prohibit disorderly conduct

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within the limits of the township and provide for the imposition

of penalties for the conduct in accordance with this act. If an

ordinance is enacted, it shall define disorderly conduct in a

manner substantially similar to the provisions of 18 Pa.C.S. §

5503 (relating to disorderly conduct).

Section 1502.6. Public Safety.--The board of commissioners

may take all necessary means to secure the safety of persons or

property within the township.

Section 1502.7. Fire Protection.--The board of commissioners

may:

(1) Appropriate money for the use of the township or to fire

companies providing fire protection to the township for the

purchase, operation and maintenance of fire engines and fire

apparatus and for the construction, repair and maintenance of

fire stations.

(2) Contract with or make grants to near or adjacent

municipal corporations or volunteer fire companies for fire

protection in the township.

(3) By ordinance or resolution, make rules and regulations

for the government of fire companies providing fire protection

to the township and their officers.

Section 1502.8. Building and Housing Regulations.-- In

addition to other remedies provided by law, the board of

commissioners may enact and enforce suitable ordinances relating

to building and housing regulations in accordance with Article

XXXI-A.

Section 1502.9. Numbering Buildings.--The board of

commissioners may, by ordinance, require and regulate the

numbering of buildings and lots.

Section 1502.10. Regulation of Business.--To provide for the

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prohibition, licensing and regulation of business, a board of

commissioners may:

(1) In addition to licensing in accordance with Article

XXIX, prohibit, license and regulate by ordinance the following:

(i) The carrying on of any manufacture, art or business

which may be noxious or offensive and prejudicial to the public

health or safety of the inhabitants.

(ii) The establishment and maintenance of junk yards,

salvage yards and other places used and maintained for the

collection, storage and disposal of used or second-hand goods

and materials.

(iii) With respect to marketplaces:

(A) regulate markets whether for individual use or for

resale;

(B) purchase and own ground;

parts of a street or sidewalk may be temporarily used;

(D) contract with a person for the erection, maintenance and

regulation of marketplaces, on terms and conditions and in a

manner as the board of commissioners may prescribe;

(E) provide and enforce suitable regulations respecting

marketplaces;

(F) provide for the payment of the cost or expense of

marketplaces, either in whole or in part, out of the funds of

the township; and

(G) levy and collect a suitable license fee from each person

who may be authorized by the board of commissioners to occupy

any portion of a marketplace or any portion of a street or

sidewalk for temporary market purposes.

(2) Notwithstanding paragraph (1), prohibit, license and

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regulate businesses unless prohibited by law.

(3) Issue licenses under the act of July 31, 1963 (P.L.410,

No.217), entitled "An act regulating and licensing all sales at

retail when such sales are advertised as 'Closing Out Sale,'

'Fire, Smoke or Water Damage Sale,' or 'Defunct Business Sale,'

with exceptions; requiring filing of inventory and bond; and

providing for appeals and penalties."

Section 1502.11. Nuisances and Dangerous Structures.--(a) A

board of commissioners may prohibit and remove any nuisance or

dangerous structure on public or private grounds, including, but

not limited to weeds, accumulations of municipal waste, the

storage of abandoned or junked automobiles and obstructions or

nuisances in the streets of the township.

(b) The board of commissioners may:

(1) require the removal of any nuisance or dangerous

structure by the owner or occupier of the grounds; or

(2) in default of the removal by the owner or occupier of

grounds under paragraph (1), remove the nuisance or dangerous

structure itself and collect the cost of removal, together with

a penalty of 10% of the cost, in the manner provided by law for

the collection of municipal claims, or by action of assumpsit

without the filing of a claim, or the township may seek relief

by bill in equity.

Section 1502.12. Municipal Waste.--(a) A board of

commissioners, in the manner authorized by the act of July 7,

1980 (P.L.380, No.97), known as the Solid Waste Management Act,

and the act of July 28, 1988 (P.L.556, No.101), known as the

Municipal Waste Planning, Recycling and Waste Reduction Act, may

prohibit accumulations of municipal waste on public and private

property, including the imposition and collection of reasonable

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fees and charges for the collection, removal and disposal of the

municipal waste. As used in this act, "municipal waste" shall

have the same meaning as given to the term in the Municipal

Waste Planning, Recycling and Waste Reduction Act.

(b) (1) The board of commissioners may collect and remove,

by contract or otherwise, municipal waste and recyclable

materials and prescribe penalties for the enforcement of the

collection and removal.

(2) A contract with refuse haulers may be made for an

initial period not exceeding five years with optional renewal

periods of up to five years.

(3) Paragraph (2) shall not apply to a contract with any

other political subdivision or with any municipality authority.

contract or otherwise, municipal waste.

(2) A contract with the owner of a private facility for the

disposal or incineration of municipal waste may be made for a

period not to exceed 20 years.

(3) Paragraph (2) shall not apply to a contract with any

other political subdivision or with any municipality authority.

(d) The board of commissioners may:

(1) Acquire any real property and erect, maintain, improve,

operate and lease, either as lessor or lessee, facilities for

incineration, landfill or other methods of disposal, either

inside or outside the limits of the township, including

equipment, either separately or jointly, with any other

political subdivision or with any municipality authority in

order to provide for the:

(i) collection, removal, disposal and destruction of

municipal waste;

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(ii) collection and storage of recyclable materials; or

(iii) composting of leaf and yard waste.

(2) Provide for the payment of the cost, either in whole or

part, out of the funds of the township.

(3) Acquire land for landfill purposes and may maintain

lands and places for the dumping of municipal waste.

(e) The board of commissioners may establish, alter, charge

and collect rates and other charges for the:

(1) collection, removal and disposal of municipal waste and

recyclable materials; and

(2) cost of including the payment of any indebtedness

incurred for the construction, purchase, improvement, repair,

maintenance and operation of any facilities for collection,

removal and disposal; and

(3) amount due under a contract with any other political

subdivision or with any municipal authority furnishing the

services or facilities.

(f) The board of commissioners may make appropriations to

any other political subdivision or any municipality authority

out of the township's general funds, or out of any other

available funds, for the construction, purchase, improvement,

repair, maintenance and operation of a facility for the

collection, removal, disposal or marketing of municipal waste,

recyclable materials or composted leaf and yard waste.

(g) A township shall not be subject to requirements

otherwise imposed by law for the sale of personal property owned

by the township when selling recyclable materials or materials

separated, collected, recovered or created by recycling, as

provided in the act of April 9, 1992 (P.L.70, No.21) entitled

"An act excluding the sale of recyclable material from political

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subdivision personal property sale restrictions relating to

advertising and bidding."

Section 1502.13. Fireworks and Inflammable Articles.--In

conformity with Federal and State laws and regulations, the

board of commissioners may provide for fireworks and inflammable

articles as follows:

(1) Regulate and prohibit, by ordinance, the manufacture of

fireworks or inflammable or dangerous articles.

(2) Grant permits for display fireworks and adopt rules and

regulations governing the displays.

(3) Adopt, by ordinance, rules and regulations relating to

the storage of inflammable articles.

(4) Impose, by ordinance, other safeguards concerning

fireworks and inflammable articles as may be necessary for the

health, safety and welfare of the public.

Section 1502.14. Smoke Regulations.--The board of

commissioners may regulate the emission of smoke from chimneys,

smokestacks and other sources, except locomotive smokestacks, to

the extent that the regulation is not otherwise prohibited by

applicable Federal or State law.

Section 1502.15. Prohibition of Fire Producing Devices and

Smoking.--The board of commissioners may prohibit and regulate

the smoking or carrying of lighted cigarettes, cigars, pipes or

matches and the use of matches or fire-producing devices. An

ordinance enacted or regulation or resolution adopted under this

section shall not regulate smoking in a manner that conflicts

with the act of June 13, 2008 (P.L.182, No.27), known as the

Clean Indoor Air Act.

Section 1502.16. Animals.--The board of commissioners may

prohibit or regulate, by ordinance, the following:

20190HB2073PN2927 - 201 -

(1) The running at large of dogs and direct the seizure,

detention or euthanization of dogs running at large, including

reasonable associated charges, and provide for the sale of the

dogs for the benefit of the township.

(2) The running at large of other animals and authorize

their seizure and detention, including reasonable associated

charges, and provide for sale of the animals for the benefit of

the township.

Section 1502.17. Regulation of Foundations, Party Walls and

Partition Fences.--(a) Subject to the provisions of and

regulations adopted pursuant to the act of November 10, 1999

(P.L.491, No.45), known as the Pennsylvania Construction Code

Act, and other applicable law, the board of commissioners may

provide regulations for foundations, party walls and partition

fences.

(b) The board of commissioners may prescribe and enforce

reasonable fees for the services of its officers and agents in

the adjustment of party walls, partition fences and similar

items.

Section 1502.18. Ambulances and Rescue and Lifesaving

Services.--The board of commissioners may:

(1) Acquire, operate and maintain motor vehicles for the

purposes of transporting sick and injured individuals to and

from hospitals.

(2) Appropriate funds toward ambulance and rescue and

lifesaving services.

(3) Enter into contracts relating to rescue and lifesaving

services.

Section 1502.19. Display of Flags.--The board of

commissioners may display the flag of the United States, the

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Commonwealth, the official POW/MIA flag or the flag of any

county or municipal corporation in this Commonwealth on any

public building or grounds of the township.

Section 1502.20. Health and Cleanliness Regulations.--The

board of commissioners may make regulations as necessary for the

health, safety, morals, general welfare, cleanliness, beauty,

convenience and comfort of the township and its inhabitants.

Section 1502.21. Public Facilities.--The board of

commissioners may acquire property for the purposes of

providing, maintaining and operating public facilities, such as

comfort and waiting stations, drinking fountains and watering

troughs.

Section 1502.22. Hospital Appropriations.--The board of

commissioners may, in townships having a population of two

thousand inhabitants or more, appropriate money for the support

of any incorporated hospital that is engaged in charitable work

and extends treatment and medical attention to the residents of

the township.

Section 1502.23. Community Nursing Services.--The board of

commissioners may appropriate money annually to any nonprofit

associations or corporations that provide for:

(1) community nursing services for the elderly and other

needy persons;

(2) the control of communicable disease;

(3) the immunization of children;

(4) the operation of child health centers; or

(5) instructive visits to parents of new babies beginning in

the prenatal period and family health guidance, including

nutrition, detection and correction of defects.

Section 1502.24. Parking and Parking Lots.--(a) The board

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of commissioners may:

(1) regulate parking and parking lots and provide parking

accommodations to promote the convenience and protection of the

public;

(2) establish or designate, at the board's discretion, areas

exclusively reserved for parking by handicapped individuals and

post signs regulating the areas;

(3) erect parking meters and regulate parking meter charges;

(4) acquire by gift, purchase, lease or eminent domain,

lands that the board may deem necessary or desirable for the

purpose of establishing and maintaining parking lots;

(5) plan, design, locate, hold, construct, improve,

maintain, operate, own or lease, either in the capacity of

lessor or lessee, and install facilities and equipment on any

land to be devoted to the parking of vehicles.

(b) Consistent with 75 Pa.C.S. (relating to vehicles), the

right to regulate the use of the lots shall include the right to

impose fines and fees for violation of any law or ordinance

regulating parking.

statutory and regulatory protections and prohibitions relating

to the rights of disabled individuals.

Section 1502.25. Appropriations for Certain Streets.--The

board of commissioners may appropriate money annually for

improvements to any street, as defined in section 102, located

wholly or partially within the township which has been adversely

affected by parking availability as determined by the board.

Section 1502.26. Airports.--(a) A township is authorized

and empowered to acquire by grant, lease, purchase or

condemnation proceedings, subject to the limitations in 26

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Pa.C.S. § 206 (relating to extraterritorial takings), any land

lying either within or without the limits of the township which,

in the judgment of the board of commissioners, may be necessary

and desirable for the purpose of establishing and maintaining a

municipal airport, landing field, intermediate landing field,

aviation easement or other airport facility.

(b) A township acquiring land under this section is

authorized to establish, equip, condition, operate and maintain

the land as a municipal airport, landing field, intermediate

landing field, aviation easement or other airport facility and

may lease the land, or any part, to any individual or

corporation desiring to use the land for aviation purposes. A

township may enter into a contract in the form of a lease

providing for the use of the land, or any part, by the Federal

Government for the Federal government's use of the land for

aviation purposes upon nominal rental or without consideration.

land jointly with another municipality for aviation purposes and

may jointly operate and maintain a municipal airport, landing

field, intermediate landing field, aviation easement or other

airport facility on the jointly acquired land in accordance with

53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

cooperation).

Section 1502.27. Appropriations for Airports.--The board of

commissioners may appropriate funds to assist a municipality or

municipal airport authority to acquire, establish, operate and

maintain air navigation facilities lying either within or

without the limits of the township.

Section 1502.28. Purchase and Planting of Trees.--The board

of commissioners may accept, purchase and plant, or contribute

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to the purchase and planting of, shade trees and shrubs along

the streets, highways and sidewalks of the township and have the

care, custody and control of shade trees pursuant to Article

XXX.

Section 1502.29. Intergovernmental Cooperation.--The board

of commissioners may enter into agreements under 53 Pa.C.S. Ch.

23 Subch. A (relating to intergovernmental cooperation) with the

following:

(1) Other political subdivisions, in accordance with

existing laws, to:

(i) make joint purchases of materials, supplies or

equipment; and

(ii) perform governmental powers, duties and functions.

(2) The proper authorities of municipal corporations,

regional police or fire forces or other public safety or

governmental entities created by two or more municipal

corporations under 53 Pa.C.S. Ch. 23 Subch. A, for:

(i) mutual aid or assistance in police and fire protection

or any other public safety services or for the furnishing to or

receiving from the municipal corporations or governmental

entities police and fire protection or any other public safety

service; and

(ii) making appropriations for public safety services.

(3) In connection with an agreement under paragraph (2) for

police or fire protection or any other public safety service,

the township shall not be required to advertise for bids or

receive bonds as required for contracts under existing law. When

an agreement has been entered into, the police, firefighters,

fire police or any other public safety services of the employing

municipal corporation or governmental entity shall have the

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powers and authority conferred by law on police, firefighters,

fire police or any other public safety services in the territory

of the municipal corporation which has contracted to secure the

service.

Section 1502.30. Widening and Deepening of Watercourses.--

(a) After permits have been secured from all applicable

agencies, the board of commissioners or an agent or employe of

the board may widen and deepen a watercourse running through the

township and erect dykes, retaining walls and embankments along

the watercourse as necessary to prevent water from overflowing

the watercourse's banks.

(b) For the purposes under paragraph (1), a township may

enter and condemn property as may be necessary. A township may

enter land lying near the watercourse and secure materials as

may be necessary in connection with the work. Damages for

property taken, injured or destroyed as the result of the work

shall be fixed and determined as provided under 26 Pa.C.S.

(relating to eminent domain). Townships may appropriate money to

effectuate the provisions of this section.

Section 1502.31. Regulation of Charges.--The board of

commissioners may make and regulate charges for the use of

township facilities.

Section 1502.32. Street, Sewer, Sidewalk, Etc.,

Regulations.--(a) The board of commissioners may:

(1) regulate the streets, sewers, public squares, common

grounds, sidewalks, curbs, gutters, culverts and drains within a

township;

(2) regulate the heights, grades, widths, slopes and

construction of any item listed under paragraph (1); and

(3) grant rights for the installation and maintenance of

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public utilities in the streets, including pipes, wires, fibers,

cables or any other utility or service medium.

(b) The power granted under subsection (a) shall be

exercised in compliance with Federal and State law and shall be

subject to the power of the Pennsylvania Public Utility

Commission under 66 Pa.C.S. Pt. I (relating to public utility

code) to regulate the business, facilities and service of public

utilities, including determining the location and installation

of utility facilities.

Section 1502.33. Capital Reserve Fund.--The board of

commissioners may create and maintain a separate capital reserve

fund for anticipated legal capital expenditures and the

following shall apply:

(1) The fund shall be designated for a specific purpose or

purposes when created.

(2) The money in the fund shall be used for the

construction, purchase or replacement of or addition to

municipal buildings, equipment, machinery, motor vehicles or

other capital assets of the township as specified at the time of

the creation of the fund and for no other purpose unless the

commissioners by a four-fifths vote declare that the original

purpose or purposes have become impracticable, inadvisable or

impossible, or that conditions in the township make other

capital expenditures more urgent than those for which the fund

was created.

(3) The board of commissioners may appropriate money from

the general township funds to be paid into the capital reserve

fund, or place in the fund any money received from the sale,

lease or other disposition of any township property or from any

other source unless received or acquired for a particular

20190HB2073PN2927 - 208 -

purpose.

(4) The fund shall be controlled, invested, reinvested and

administered and the money and any income derived from it

expended for any of the purposes for which the fund is created

in a manner determined by the board of commissioners.

(5) The money in the fund, when invested, shall be invested

in securities designated by 53 Pa.C.S. Pt. VII Subpt. B

(relating to indebtedness and borrowing) as legal investments

for sinking funds of municipalities.

Section 1502.34. Operating Reserve Fund.--(a) The board of

commissioners may create and maintain a separate operating

reserve fund in order to:

(1) minimize future revenue shortfalls and deficits;

(2) provide greater continuity and predictability in the

funding of vital government services;

(3) minimize the need to increase taxes to balance the

budget in times of fiscal distress; and

(4) provide the capacity to undertake long-range financial

planning and to develop fiscal resources to meet long-term

needs.

(b) The board of commissioners may annually make

appropriations from the general township fund to the operating

reserve fund, but no appropriation may be made to the operating

reserve fund if the effect of the appropriation would cause the

fund to exceed 25% of the estimated revenues of the township's

general fund in the current fiscal year.

resolution, make appropriations from the operating reserve fund

for the following purposes only:

(1) meet emergencies involving the health, safety and

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welfare of the residents of the township;

(2) counterbalance potential budget deficits resulting from

shortfalls in anticipated revenues or program receipts from any

source;

(3) counterbalance potential budget deficits resulting from

increases in anticipated costs for goods or services; or

(4) provide anticipated operating expenditures related

either to the planned growth of existing projects or programs or

to establish new projects or programs if, for a project or

program, appropriations have been made and allocated to a

separate restricted account established within the operating

reserve fund.

(d) The operating reserve fund shall be invested, reinvested

and administered in a manner consistent with the provisions of

section 1705.1.

Section 1502.35. Surplus Foods.--The board of commissioners

may make an appropriation for the handling, storage and

distribution of surplus foods obtained through a Federal, State

or local agency.

Section 1502.36. Industrial Promotions.--The board of

commissioners may make appropriations to an industrial

development agency.

Section 1502.37. Nondebt Revenue Bonds.--(a) The board of

commissioners may issue nondebt revenue bonds pursuant to

provisions of 53 Pa.C.S. Pt. VII Subpt. B (relating to

indebtedness and borrowing) to provide sufficient money for and

toward the acquisition, construction, reconstruction, extension

or improvement of:

(1) municipal facilities, including water systems or

facilities;

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(2) sewers, sewer systems and sewage disposal systems or

facilities;

(3) systems for the treatment or disposal of garbage and

refuse;

(4) aeronautical facilities including, but not limited to,

airports, terminals and hangars; and

(5) park and recreational facilities, including parking

lots.

(b) Any nondebt revenue bonds issued under subsection (a)

shall be secured solely by the pledge of the whole or part of

the rent, toll or charge for the use or services of the

facilities.

expenses incident to constructing and financing the facilities

and selling and distributing the bonds.

Section 1502.38. Historical Properties.--The board of

commissioners may appropriate money to nonprofit associations or

corporations organized for the purpose of acquiring and

maintaining historical properties. The appropriations shall only

be used by the association or corporation for the acquisition,

restoration and maintenance of the historical properties.

Section 1502.39. Insurance.--(a) The board of commissioners

may secure insurance or compensation in accordance with Article

VI of the act of June 2, 1915 (P.L.736, No.338), known as the

Workers' Compensation Act, for:

(1) volunteer firefighters of companies duly recognized by

the township, by motion or resolution, killed or injured while

going to, returning from or attending fires, or while performing

any other duties authorized by the township; and

(2) township employes, as defined in section 601 of the

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Workers' Compensation Act.

(b) The board of commissioners may enter into contracts for

insurance with any insurance company, association or exchange,

authorized by law to transact business in this Commonwealth, to

insure any building or property owned or leased by the township.

insurance with any insurance company, association or exchange

authorized by law to transact business in this Commonwealth to

insure any public liability of the township.

(d) (1) The board of commissioners may enter into contracts

for insurance with any insurance company, nonprofit

hospitalization corporation, nonprofit medical service

corporation, association or exchange authorized by law to

transact business in this Commonwealth to insure its employes or

commissioners, or any class or classes of the employes or

commissioners or dependents of the employes or commissioners,

under a policy or policies of group insurance covering life,

health, hospitalization, medical and surgical service, or

accident insurance.

(2) Any life, health, hospitalization, medical service or

accident insurance coverage contract entered into by a township

between January 1, 1959, and December 31, 1984, that includes or

provides coverage for commissioners shall not be void or

unlawful solely because the inclusion of commissioners was

subsequently found to be without lawful authority. No penalty,

assessment, surcharge, forfeiture or disciplinary action of any

kind may occur as a result of participation by those

commissioners. Insurance benefits payable to insureds or their

beneficiaries arising out of or on account of deaths, injuries,

accidents or illnesses occurring before November 29, 1985,

20190HB2073PN2927 - 212 -

remain the property of the insureds or beneficiaries of the

insureds.

(e) (1) The board of commissioners may contract with any

insurance company, granting annuities or pensions for the

pensioning of employes or any class or classes of employes and

pay part or all of the premiums or charges for carrying the

contracts.

(2) Any pension or annuity contract entered into by a

township between January 1, 1959, and December 31, 1984, that

includes or provides for benefits for commissioners at township

expense shall not be void or unlawful solely because the

inclusion of commissioners was subsequently found to be without

lawful authority. No penalty, assessment, surcharge or

disciplinary action of any kind may occur as a result of

participation by those commissioners provided that anyone

entitled to benefit coverage under a pension paid for, in whole

or in part, by a township without lawful authority shall

deliver, surrender and assign to the township all benefits paid

under the contract after December 31, 1984.

(3) If any official personally contributed toward a pension

plan or a purchase of an annuity under paragraph (2), the

official shall be refunded the official's total contributions,

plus any accumulated interest, less any amount already paid to

the official under the annuity or pension plan, when the annuity

or pension benefits are delivered, surrendered or assigned to

the township, or when the annuity becomes the property of the

township by operation of this section. In lieu of a refund of

total contributions plus accumulated interest, an official who

personally contributed toward the pension plan or toward the

purchase of the annuity may elect to purchase from the township

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the township's interest in that pension plan or annuity program.

The election option shall be exercised within sixty days of

November 29, 1985. The value of the interest of the township in

the pension plan or annuity program with respect to the official

shall be determined by the actuary who prepared the 1983

municipal pension report for the township pension plan or

annuity program pursuant to the act of December 6, 1972

(P.L.1383, No.293), entitled "An act requiring municipal pension

systems to have an actuarial investigation of the fund made by

an actuary who shall report his findings to the Department of

Community Affairs," using the same applicable actuarial

assumptions as used in that report or, if no actuary was

retained for the 1983 report or no 1983 report was filed, by an

actuary retained for the purpose of valuing the township

interest. The cost of the actuarial valuation of the township

interest and any future administrative costs of the pension plan

or the annuity program attributable to the official shall be

payable by the official in a manner to be established by

agreement with the township auditors.

(4) No elected or appointed township official included in a

township-paid pension or annuity plan entered into prior to

December 31, 1984, shall be subject to any penalty, assessment,

surcharge or disciplinary action of any kind as a result of the

participation. Any residual interest, value, refund of premium

or benefits payable on or after December 31, 1984, arising out

of the township-paid interest of the elected or appointed

township officials shall become the exclusive property of the

township.

(f) The board of commissioners may appropriate money from

the general township fund for the purposes of this section.

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(g) Nothing in this section shall affect any contract, right

or coverage of insurance vested or existing on the effective

date of this subsection. Contract, as used in this section,

includes an annuity contract if the option to renew continues to

provide the same rights to the annuitant that existed on the

effective date of this subsection.

(h) The commissioners are hereby authorized, enabled and

permitted to deduct from the employe's or commissioner's pay,

salary or compensation the part of the premium or charge, as is

payable by the employe or commissioner, and as may be authorized

by the employe or commissioner in writing. The insurance shall

be uniformly applicable to each employe or commissioner covered

and shall not give eligibility preference to, or improperly

discriminate in favor of, commissioners. As used in this

section, the terms "employe" and "employes" exclude independent

contractors and all township engineers and solicitors.

Section 1502.40. Appropriations for Urban Common Carrier

Mass Transportation.--The board of commissioners may:

(1) appropriate funds for urban common carrier mass

transportation purposes from current revenues;

(2) make annual contributions to county departments of

transportation or urban common carrier mass transportation

authorities to assist the departments or the authorities to meet

the costs of operation, maintenance, capital improvements and

debt service; and

(3) enter into long-term agreements providing for the

payment of the contributions.

Section 1502.41. Open Burning.--The board of commissioners

may regulate open burning, including the prohibition of the open

burning of combustible material.

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Section 1502.42. Community Development.--The board of

commissioners may undertake community development programs,

including, but not limited to, urban renewal, public housing,

model cities programs and neighborhood development projects.

Section 1502.43. Observances and Celebrations.--The board of

commissioners may appropriate funds annually for the observance

of holidays, centennials or other anniversaries or for township

celebrations or civic projects or programs.

Section 1502.44. Building Hospitals.--The board of

commissioners may appropriate funds toward the purchase,

erection, maintenance or support of any medical center or

hospital building facilities. Approval by the appropriate health

planning agency is required if the total cost of the purchase or

erection exceeds $100,000.

Section 1502.45. Tourist Promotion Agencies.--The board of

commissioners may appropriate funds annually to any tourist

promotion agency to assist the agencies in carrying out tourist

promotional activities. "Tourist promotion agency" shall have

the same meaning given to it under section 2 of the act of July

4, 2008 (P.L.621, No.50), known as the Tourism Promotion Act.

Section 1502.46. Sale of Real or Personal Property to

Nonprofit Medical Service Corporation.--The board of

commissioners may sell to a nonprofit medical service

corporation any township-owned:

(1) real property for its exclusive use as a site for a

medical service facility; and

(2) personal property for its use at the medical service

facility.

Section 1502.47. Sale of Real or Personal Property to

Nonprofit Housing Corporation.--The board of commissioners may

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sell to a nonprofit housing corporation any township-owned:

(1) real property for its exclusive use for housing for the

elderly; and

(2) personal property for its use at the nonprofit housing

corporation.

Section 1502.48. Nonprofit Art Corporations.--(a) The board

of commissioners may appropriate funds annually, of an amount

not more than equal to one mill of the real estate tax, to any

nonprofit art corporation for the conduct of the corporation's

artistic and cultural activities.

(b) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"Artistic and cultural activities." The term shall include

the display or production of theater, music, dance, painting,

architecture, sculpture, arts and crafts, photography, film,

graphic arts and design and creative writing.

"Nonprofit art corporation." A local arts council,

commission or coordinating agency or any other nonprofit

corporation engaged in the production or display of works of

art, including the visual, written or performing arts.

Section 1502.49. Neighborhood Crime Watch Programs.--The

board of commissioners may appropriate annually an amount toward

a neighborhood crime watch program. Notwithstanding any other

provision of law, no township or official of a township shall

become subject to contractual, tort or other liability as a

result of having made an appropriation pursuant to this section.

Section 1502.50. Drug and Alcohol Abuse Programs.--The board

of commissioners may appropriate annually, out of the general

funds of the township, a sum to be divided in amounts as the

commissioners may determine and to be used for education and

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development of programs within the community dealing with drug

and alcohol abuse. The funds may also be contributed to existing

programs available to the township's residents in adjacent

communities or in the county where the township is situate at

the discretion of the board of commissioners.

Section 1502.51. Watershed Associations.--The board of

commissioners may make appropriations to nonprofit watershed

associations for watersheds serving the township. Appropriations

may not be used to undertake litigation against any municipality

or to seek redress against any individual landowner.

Section 1502.52. Emergency Services.--(a) The township

shall be responsible for ensuring that fire and emergency

medical services are provided within the township by the means

and to the extent determined by the township, including the

appropriate financial and administrative assistance for these

services.

(b) The township shall consult with fire and emergency

medical services providers to discuss the emergency services

needs of the township.

organization receiving township funds to provide to the township

an annual itemized listing of all expenditures of these funds

before the township may consider budgeting additional funding to

the organization.

Section 1502.53. Mines and Quarries.--(a) The owner,

operator or superintendent of each mine, colliery or quarry

located wholly or partially within the limits of the township

shall furnish maps, plans and drawings of workings, excavations

and surface support to the township as the board of

commissioners may require and the following shall apply:

20190HB2073PN2927 - 218 -

(1) In the case of a coal mine or colliery, the map or plan

shall exhibit the workings or excavations in every seam of coal

on a separate sheet and the tunnels and passages connecting with

the workings or excavations.

(2) The map or plan under paragraph (1) shall show:

(i) in degrees the general inclination of the strata, with

any material deflection in the strata in the workings or

excavations, and shall also show the tidal elevations of the

bottom of every shaft, slope, tunnel and gangway and of any

other point in the mine or on the surface where the elevation

shall be deemed necessary by the township;

(ii) the number of the last survey on the gangways or the

most advanced workings.

(3) Each owner, operator or superintendent of a mine,

colliery or quarry shall update, at least once every three

months, the pertinent maps, plans and drawings to reflect any

extensions made in any mine, colliery or quarry during the three

preceding months, except those made within thirty days

immediately preceding the time of placing the extensions upon

the map or drawing.

(4) A township engineer, assistant or other person

authorized by the board of commissioners may enter and survey

any mine, colliery or quarry within the limits of the township,

at all reasonable times, but not so as to impede or obstruct the

workings of the mine, colliery or quarry.

(5) The owner, operator or superintendent of the mine,

colliery or quarry shall furnish the means necessary for the

entry, survey and exit.

Section 1502.54. Conservation District.--The board of

commissioners may make appropriations to a conservation

20190HB2073PN2927 - 219 -

district, as the term is defined under section 3 of the act of

May 15, 1945 (P.L.547, No.217), known as the Conservation

District Law, in which the township is located.

Section 1502.55. Electricity.--The board of commissioners

may manufacture and sell electricity and regulate its use and

prices pursuant to Article XXVII-A.

Section 1502.56. Storm Water.--A township may, by ordinance,

after obtaining any required permit from the Department of

Environmental Protection or other Federal or State entity,

acquire, operate and maintain areas for the infiltration,

detention or retention of storm water and for other methods of

storm water management authorized by the Department of

Environmental Protection.

Section 56. Section 1503 of the act is amended to read:

Section 1503. [Typewritten, Printed, Photostated and

Microfilmed Records Valid; Recording or Transcribing Records.]

Typewritten, printed, photocopied, microfilmed and

electronically or digitally stored records valid and recording

or transcribing records.--(a) All township records required to

be recorded or transcribed shall be deemed valid if typewritten,

printed, [photostated or microfilmed, and where recording]

photocopied, microfilmed or electronically or digitally stored

or retained by any other process that accurately reproduces the

original and forms a durable medium for recording, storing and

reproducing in accordance with the act of May 9, 1949 (P.L.908,

No.250), entitled "An act relating to public records of

political subdivisions other than cities and counties of the

first class; authorizing the recording and copying of documents,

plats, papers and instruments of writing by digital,

photostatic, photographic, microfilm or other process, and the

20190HB2073PN2927 - 220 -

admissibility thereof and enlargements thereof in evidence;

providing for the storage of duplicates and sale of microfilm

and digital copies of official records and for the destruction

of other records deemed valueless; and providing for the

services of the Pennsylvania Historical and Museum Commission to

political subdivisions."

(b) If recording or transcribing in a specified book of

record is required, including minutes of the proceedings of the

board of commissioners, [such records may] the records shall be

recorded or transcribed as follows:

(1) in a mechanical post binder book capable of being

permanently sealed with consecutively numbered pages with a

security code printed [thereon] on it and a permanent locking

device with the township seal being impressed upon each page[,];

(2) in a bound book with pages being consecutively numbered

by transcribing directly upon the pages of [such] the book of

record or [may be attached thereto to such book of record by

stapling or by glue or any other adhesive substance or material,

and all records heretofore recorded or transcribed in any manner

authorized by this section are validated. When any record shall

be recorded or transcribed after the effective date of this

amendment by attaching such record or a copy thereof to the book

of record as hereinabove provided,] by permanently attaching the

records or copies to the book of record with the township seal

[shall be] being impressed upon each page to which [such] the

record is attached, with each impression [thereof] covering both

a portion of the attached record and a portion of the page of

the book of record to which [such] the record is attached.

20190HB2073PN2927 - 221 -

manner authorized by this act at the time the records were

recorded or transcribed are validated.

Section 57. The act is amended by adding an article to read:

ARTICLE XV-A

REAL ESTATE REGISTRY

Section 1501-A. Real Estate Registry.

(a) General rule.--For the purpose of procuring accurate

information on the ownership of all real estate, the board of

commissioners may provide, by ordinance, for a real estate

registry in a manner not inconsistent with the act of October 9,

2008 (P.L.1400, No.110), known as the Uniform Municipal Deed

Registration Act.

(b) Registry.--The board of commissioners shall designate a

person to have charge of the registry who shall cause to be made

and shall carefully preserve all necessary books, maps and plans

as may show the location and ownership of every lot, piece of

real estate and subdivision of real estate. For purposes of

establishing or maintaining the registry, the person in charge

of the registry shall have access to public records without

charge.

within a real estate registry shall not affect the validity of

any municipal claim or tax claim of the township.

(d) Additional information as may be required.--Nothing in

this section shall prohibit a township from requiring owners to

provide information relevant to the enforcement of any township

ordinance in accordance with law.

Section 58. Subdivision (a) heading of Article XVI of the

act is repealed:

[(a) Boards of Health]

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Section 59. Sections 1601, 1602, 1603, 1604, 1605, 1606,

1607, 1608, 1609, 1610 and 1611 of the act are amended to read:

Section 1601. Appointment of Boards of Health and Health

Officers.--[The administration of the health laws in townships

shall be enforced by a board of health, or by a health officer

or officers, as the case may be, appointed by the township

commissioners.

Where township commissioners elect to appoint a health

officer or officers, the said health officer or officers shall

have the same powers and duties, and exercise the same

authority, as is prescribed for boards of health in townships.

All health officers, whether appointed by boards of health or

township commissioners, shall have had some] (a) The board of

commissioners may, by ordinance, establish a board of health or

the office of health officer to administer and enforce the

health ordinances and related ordinances of the township. A

health officer must, whether appointed by the board of

commissioners or by the board of health, have experience or

training in public health work [in accordance with rules and

regulations established by the advisory health board of the] and

must, within six months of taking the oath of office, be

certified for the office of health officer by the State

Department of Health. [Such health officers shall not enter upon

the performance of their duties until they are certified so to

do by the State Department of Health.]

(b) Expenses incurred by the board of health or a health

officer shall be paid by the township.

or the office of health officer and decide to become subject to

the jurisdiction of a county department of health or joint

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county department of health under the act of August 24, 1951

(P.L.1304, No.315), known as the Local Health Administration

Law.

Section 1602. Members of Board; Terms; Secretary.--[Where

the township commissioners decide to appoint a board of health,

said board shall be composed of five members--at least one of

whom shall be a reputable physician of not less than two years'

experience in the practice of his profession, if one resides

within the township. The members of the board shall be appointed

by the township commissioners. At the first appointment, one

member shall be appointed to serve for one year; one, for two

years; one, for three years; one, for four years; and one, for

five years; and thereafter one member shall, in like manner, be

appointed each year, to serve for five years.] (a) A board of

health appointed by the board of commissioners shall be composed

of three or five members, at the discretion of the board, and

the following shall apply:

(1) At least one of the board members shall be a reputable

professional health care provider of not less than two years'

experience in the practice of the respective profession.

(2) If no professional health care provider can be

identified to serve on the board, the board of commissioners may

appoint an individual at a public meeting who has experience in,

or is knowledgeable of, public health issues.

(b) At the first appointment for a board:

(1) With three members:

(i) one member shall be appointed to serve for one year;

(ii) one member shall be appointed to serve for two years;

and

(iii) one member shall be appointed to serve for three

20190HB2073PN2927 - 224 -

years.

(2) With five members:

(i) one member shall be appointed to serve for one year;

(ii) one member shall be appointed to serve for two years;

(iii) one member shall be appointed to serve for three

years;

(iv) one member shall be appointed to serve for four years;

and

(v) one member shall be appointed to serve for five years.

(3) Subsequent terms for board members shall be staggered,

and, for a three-member board, a subsequent term shall be three

years, and, for a five-member board, a subsequent term shall be

five years.

compensation, but if any member of the board shall be elected to

the office of secretary, [he] the member shall be entitled to

receive a salary[,] fixed by the board for that office.

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Professional health care provider." An individual who is

licensed, certified or registered to practice or operate in the

health care field under the laws of this Commonwealth. The term

shall include the following:

(1) A physician.

(2) A dentist.

(3) A podiatrist.

(4) A chiropractor.

(5) An optometrist.

(6) A psychologist.

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(7) A pharmacist.

(8) A registered or practical nurse.

(9) A physical therapist.

(10) A physician's assistant.

(11) A paramedic.

(12) An administrator of any hospital, nursing or

convalescent home or other health care facility.

(13) A veterinarian.

Section 1603. Organization of Board; Salary of Secretary;

Bonds; Fees and Penalties; Power to Administer Oaths.--(a) The

members of the board shall [severally, take and subscribe to the

oath prescribed for township officers; and] each take the oath

or affirmation prescribed for township officers.

(b) The board shall annually organize by electing a

president from among the members of the board, a secretary, who

may or may not be a member of the board, and a health officer,

who shall not be a member of the board. The secretary and the

health officer shall receive [such salary as may be] salaries

fixed by the board and ratified by the board of commissioners

[of the township], and shall serve for a period of one year or

until [such time thereafter as their successors may be] a

successor is elected and qualified. [They, if required by the

board of commissioners, shall, severally, give bond to the

township, in such sums as may be fixed by ordinance, for the

faithful discharge of their duties, and shall also take and

subscribe to the oath required of members of the board.]

health officer to furnish a bond to the township, in an amount

fixed by ordinance, for the faithful discharge of the

secretary's or health officer's duties and shall also take and

20190HB2073PN2927 - 226 -

subscribe to the oath or affirmation required of members of the

board.

(d) All fees [which shall be] collected or received by the

board, or by any officer [thereof in his] in the officer's

official capacity, shall be paid over into the township treasury

monthly, together with all penalties which shall be recovered

for the violation of any regulation of the board. The president

and secretary shall have full power to administer oaths or

affirmations in any proceeding or investigation [touching]

regarding the regulations of the board, but shall not be

entitled to receive any fee [therefor] for the administration of

oaths and affirmations.

Section 1604. Duties of Secretary.--The secretary of the

board [shall keep the minutes of its proceedings; shall keep

accurate accounts of the expenditures of the board, shall

transmit all bills to the board of township commissioners for

payment in the same manner as other bills of the township are

paid; shall draw all requisitions for the payment of moneys on

account of the board of health and present the same to the

president of the board for his approval; shall render statements

of the expenditures to the board at each stated meeting or as

frequently as the board may require; shall prepare, under the

directions of the board, the annual report to the township

commissioners, together with the estimate of appropriation

needed for the ensuing year. He shall report to the State

Department of Health at the end of each week, and for the

fraction of each week occurring at the end of each month, the

cases of communicable disease reported to the board of health,

on the form provided for that purpose by the State Department of

Health; shall also make an annual report to the State Department

20190HB2073PN2927 - 227 -

of Health; and shall make such other reports and perform such

other duties as the board of health may require.] has the

following duties:

(1) Maintain, under 53 Pa.C.S. Ch. 13 Subch. F (relating to

records), the minutes of the proceedings of the board and keep

accurate accounts of the expenditures of the board.

(2) Transmit all bills to the board of commissioners for

payment in the same manner as other bills of the township are

paid.

(3) Draw requisitions for the payment of money on account of

the board of health and present the requisitions to the

president of the board for the president's approval.

(4) Render statements of the expenditures to the board at

each stated meeting or as frequently as the board requires.

(5) Prepare, under the direction of the board, the annual

report to the board of commissioners and the estimate of

appropriation needed for the ensuing year.

(6) Report to the State Department of Health at statutory or

regulatory required intervals the cases of communicable disease

reported to the board of health on the form provided by the

State Department of Health and make an annual report to the

State Department of Health.

(7) Perform other duties as may be required by the board of

health.

Section 1605. Powers and Duties of Health Officer.--[It

shall be the duty of the health officer to attend all stated and

special meetings of the board of health, and at all times be

ready and available for the prompt performance of his official

duties. He shall placard and quarantine all premises upon which

cases of communicable disease exist, which have been reported to

20190HB2073PN2927 - 228 -

the board of health or of which he or the board of health may

have knowledge, which are required by law or by regulation of

the State Department of Health to be placarded and quarantined;

and shall disinfect such premises upon the expiration of the

quarantine period and the recovery of the last person therein

suffering from such disease. He shall serve written notice on

teachers and persons in charge of public, parochial, Sunday, and

other schools, requiring the exclusion from school of children

who are suffering from or who reside in the same premises with

other persons who are suffering from communicable diseases;

shall make sanitary inspections; shall execute the orders of the

board of health; and shall, in the performance of his duties,

have the power and authority of a township police officer.] (a)

A health officer may issue a citation for the violation of a

health ordinance or related law.

(b) A health officer has the following duties:

(1) Administer and enforce the health ordinances of the

township and related laws.

(2) Perform the duties as are vested in local health

officers by statute or regulation.

(3) Make sanitary inspections.

(4) Execute the orders of the board of health.

(5) Attend all regular and special meetings of the board of

health.

Section 1606. Powers and Duties of Board of Health.--[The

board of health shall have the power, and it shall be its duty,

to enforce the laws of the Commonwealth, the regulations of the

State Department of Health, and any ordinances of the township

relating to health work, and to make and enforce such additional

rules and regulations to prevent the introduction and spread of

20190HB2073PN2927 - 229 -

infectious or contagious diseases, by the regulation of

intercourse with infected places, by the separation of infected

persons and persons who shall have been exposed to any

infectious or contagious disease, and by abating and removing

all nuisances which it shall deem prejudicial to the public

health, to mark infected houses or places, to prescribe rules

for the construction and maintenance of house drains, wash

pipes, soil pipes and cesspools, and make all such other rules

and regulations as it shall deem necessary for the preservation

of the public health, and such other powers relating to health

work as may be delegated by the township commissioners. The

board shall also have power, with the consent of the township

commissioners, in case of a prevalence or apprehended prevalence

of any contagious or infectious diseases in its township, to

establish one or more emergency hospitals, and to make

provisions and regulations for the maintenance and management of

the same.

The board shall also have the power to make, enforce, and

cause to be published, all necessary rules and regulations not

inconsistent with law for carrying into effect the powers and

functions with which it is invested by law, and the power and

authority relating to the public health conferred on townships.

Such rules and regulations, when approved by the township

commissioners, and when advertised in the same manner as other

ordinances, shall have the force of ordinances of the township.

All penalties or punishments prescribed for the violation

thereof, as well as the expenses actually and necessarily

incurred in carrying such rules and regulations into effect,

shall be recoverable, for the use of the township, in the same

manner as penalties for violation of the ordinances of the

20190HB2073PN2927 - 230 -

township, and subject to the like limitations as to the amount

thereof.] (a) A board of health has the following powers:

(1) Recommend to the board of commissioners rules and

regulations necessary for the preservation of the public health

and for carrying into effect the functions of the board.

(2) Appoint a health officer.

(3) Abate and remove nuisances the board of health deems

detrimental to the public health.

(4) Mark infected premises.

(b) A board of health has the duty to enforce all of the

following related to the promotion of public health and

prevention of the introduction and spread of infectious or

contagious disease:

(1) A statute.

(2) A regulation of the State Department of Health.

(3) An ordinance of the township.

Section 1607. Entry of Premises.--[The board of health shall

have the power, as a body or by committee, as well as the health

officer, together with their assistants, subordinates, and

workmen, under and by order of the said board, to enter at any

time upon any premises in the township upon which there is

suspected to be any infectious or contagious disease, or

nuisance detrimental to the public health, for the purpose of

examining and abating the same, and for any other purpose

arising in connection with or in the performance of their

duties.] (a) A member of the board of health, a health officer,

an employee of a board or a health officer or an agent of a

board or a health officer may, upon order of the board or upon

order of a health officer if there is no board, enter a premises

in the township where an infectious or contagious disease or a

20190HB2073PN2927 - 231 -

nuisance detrimental to the public health is suspected and

examine and abate the disease or nuisance.

(b) If entry to the premises under subsection (a) is

prevented, the board of health or health officer may obtain an

administrative search warrant from a magisterial district judge

with jurisdiction over the premises upon a showing of any of the

following:

(1) Reasonable standards and an administrative plan for

conducting inspections.

(2) The condition of the premises or general area and the

passage of time since the last inspection.

(3) Probable cause of a violation of a law specified in

section 1606(b).

Section 1608. [Inspections.--The board of health may inspect

house drains, waste and soil pipes, cesspools, waterclosets,

slaughterhouses, hogpens, stables, stable yards, and any

conditions or places whatsoever, in the township, which may

constitute a nuisance or a menace to public health. Whenever any

condition or place in the township is found by it to be a

nuisance or a menace to the health of the people of the

township, it shall issue a written order of abatement, directed

to the owner, or agent of the owner of the premises, or to the

occupant thereof, stating that the conditions specified therein

constitute a nuisance or a menace to health, and ordering an

abatement thereof within such time as may be specified by it in

such order. In case such order of abatement is not obeyed within

the time specified therein, it shall thereupon issue a further

written order to the health officer, directing him to remove or

abate the same, which order shall be executed by him and his

subordinates and workmen, and the expense thereof shall be

20190HB2073PN2927 - 232 -

recoverable from the owner of the premises upon or from which

the nuisance or menace to health is abated or removed, in the

same manner as debts of like character are now collected by law;

or the said board of health may proceed to enforce such other

remedy or inflict such penalty as may, by ordinance of the

township, be provided.] Abatement of Nuisances.--(a) If the

board of health, or health officer if there is no board, finds a

condition or premises to be a nuisance to the health of the

residents of the township, it shall issue a written order of

abatement directed to the owner, agent of the owner or the

occupant of the premises. The order, which shall be a public

record, shall state that the conditions specified in the order

constitute a nuisance and order an abatement of the nuisance

within a specified reasonable time.

(b) Upon noncompliance of the order under subsection (a),

the board shall issue a written order to the health officer

directing removal or abatement of the nuisance. An order shall

be executed by the health officer or an agent of the health

officer. The expense of the execution of the order shall be

recoverable as a nuisance claim from the owner of the premises

with a ten percent penalty.

subsections (a) and (b), the board of commissioners may seek

relief from a nuisance or threatened nuisance by an action at

law or in equity. The board of commissioners may seek guidance

of the board or the health officer in determining the nature of

the relief requested.

Section 1609. [Budget; Appropriations.--It shall be the duty

of the board of health or appointed health officer or officers

to submit annually, to the township commissioners, before the

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commencement of the fiscal year, an estimate of the probable

expenditures of the board during the ensuing year; and the

township commissioners shall then proceed to make such

appropriations as may be deemed necessary. The board of health,

health officer or officers, shall, at the close of each fiscal

year, submit a report, in writing, to the township

commissioners, of its appropriation and expenditures for the

preceding year, together with such other information on subjects

relative to the sanitary conditions or requirements of the

township as may be necessary.] Expenditures.--(a) The board of

health or the health officer shall submit to the board of

commissioners, before commencement of the township's fiscal

year, an estimate of the probable expenditures of the board of

health or the health officer during the ensuing fiscal year.

(b) The board of commissioners shall make appropriations

based on the estimate as deemed necessary.

January, submit a report to the board of commissioners on the

appropriation and expenditures for the preceding fiscal year and

information on subjects relative to the sanitary conditions or

requirements of the township.

Section 1610. Cooperation in Health Work.--[Any township may

cooperate with the county, or with any city, borough, township

or school district, as well as with the State Department of

Health, in the administration and enforcement of health laws.] A

township may cooperate with any political subdivision and with

the State Department of Health in the administration and

enforcement of health laws.

Section 1611. Powers of [Secretary] State Department of

Health.--[Whenever, in the opinion of the Secretary of Health of

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the Commonwealth, conditions found by him to exist in any

township shall constitute a menace to the lives and health of

people living outside the boundaries of such township, or if it

be known to him that any township is without an existing or

efficient board of health, or health officer or officers, the

Secretary of Health may enter, and take full charge of, and

administer the health laws, regulations, and ordinances in such

township, and may continue in charge thereof until he shall

decide that a competent and efficient board of health, or health

officer or officers, has been appointed and qualified for such

township, and is ready, able and willing to assume and carry

into effect the duties imposed upon it by law.] (a) Nothing in

this act may be construed to limit the powers and duties of the

State Department of Health, including the powers and duties

under Article XXI of the act of April 9, 1929 (P.L.177, No.175),

known as "The Administrative Code of 1929."

(b) (1) The expenses of the State Department of Health for

which the township is liable shall be paid by the township where

the expenses have been incurred.

(2) If expenses under paragraph (1) are unpaid for a period

of more than three months after a statement of the expenses has

been rendered to the township and demand for payment is made,

the Secretary of Health shall, with the approval of the

Governor, institute an action against the township for the

collection of the expenses. The reasonableness of the

expenditures made by the secretary shall be submitted to the

jury for its determination.

(3) Upon payment, the State Department of Health shall

return the money to the State Treasurer, who shall credit the

amount to the appropriation made to the State Department of

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Health.

Section 60. Sections 1612, 1613 and 1614 and Subdivision (b)

of Article XVI of the act are repealed:

[Section 1612. Expenses Incurred by Board or Secretary of

Health.--All expenses incurred by any local board of health, its

officers or employes, in the performance of the duties imposed

upon it by law, and all expenses incurred by the Secretary of

Health in accordance with the provisions of the preceding

section, shall be paid by the township wherein such duties are

performed, in the same manner as other expenses of such township

are paid.

Section 1613. Suits by State Secretary of Health to Recover

Expenses.--Whenever expenses incurred by the State Secretary of

Health or his agents, in the administration of health laws in

any township, in accordance with the provisions of this act,

shall remain unpaid by said township for a period of more than

three months after a statement of such expense has been rendered

by him to such township, and demand for payment by him made, he

shall, with the approval of the Governor, institute, in the name

of the Commonwealth as plaintiff, an action of assumpsit against

such township for the collection of such expense from the

township, in the same manner as debts of like amount are

collected by law: Provided, however, That upon the trial of any

such action of assumpsit, the reasonableness of the expenditures

made by the Secretary of Health shall be submitted to the jury

for its determination.

Section 1614. Payment of Expenses Recovered Into State

Treasury.--All expenses incurred by the State Secretary of

Health in the administration of health laws in any township,

when paid to him by such township, or when collected by him,

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shall be returned by him to the State Treasurer, who shall

credit the amount so received to the appropriation made to the

Department of Health.

(b) Vacation of Streets Declared Nuisances

by Board of Health

Section 1620. Petitions to Vacate Nuisances.--Whenever the

board of health shall declare as a nuisance any public street or

part thereof, any two or more owners of property adjacent or

abutting upon the same may present their petition, verified by

oath or affirmation, to the court of quarter sessions, setting

forth the facts regarding such nuisance and praying that said

street may be vacated. Such petition shall be accompanied by a

certificate of the board of health, setting forth that they have

declared such street to be a public nuisance.

Section 1621. Jury of View.--The court shall thereupon

appoint a jury of view of three persons of the county. The jury,

being sworn or affirmed to faithfully perform its duties, shall

give notice to all parties likely to be affected by the

proceedings, of the time and place of the first meeting, in such

manner as the court shall direct.

Section 1622. Hearings and Report.--After the first meeting,

the jury shall proceed to view the premises, hear all parties

interested and their witnesses, and shall prepare a report of

their finding and recommendations as to whether or not such

street, or part thereof, should be vacated; and in such report

shall award damages and assess benefits to the property

affected.

Section 1623. Notice of Filing Report.--The jury shall give

notice, in writing, to all parties affected by their report, at

least ten days before the same is filed in court. The notice

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shall state the time and place where such report will be open to

inspection.

Section 1624. Exceptions to Report.--Any person aggrieved by

such report may file exceptions thereto with the jury; whereupon

the jury shall reconsider their report with the exceptions and

change the same as justice may require. The report as finally

prepared shall be filed in court.

Section 1625. Appeals from Report.--Any person affected by

the report shall have the right of an appeal to the court of

common pleas, within thirty days after the report is filed, and

the procedure on such appeal shall be the same as in actions of

trespass.

Section 1626. Confirmation of Report.--At the end of the

period allowed for an appeal, the report shall be absolutely

confirmed by the court as to such awards or assessments from

which no appeals have been taken.

Section 1627. When Vacation Proceedings not to Be Had.--No

street, or part thereof, shall be vacated in any case where the

vacating deprives any lot abutting thereon of the sole means of

ingress or egress, otherwise than to or from the front line

thereof; nor where it was created by grant or contract and not

theretofore accepted by the public.]

Section 61. Sections 1701, 1701.1, 1701a and 1702 of the act

are amended to read:

Section 1701. Fiscal Year; Annual Budget; Regulation of

Appropriations.--(a) The fiscal year in townships of the first

class shall [commence on the first day of January of each year]

begin on January 1 and end on December 31.

(b) The board of [township] commissioners shall [each year,

at least thirty days prior to the adoption of the annual budget,

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begin preparation of a proposed budget for all funds showing an

estimate of the several amounts of money which will be required

for the several specific purposes of township government and

expenses for the ensuing fiscal year, and by ordinance

appropriate, out of the revenues available for the year, the

specific sums required as shown by the budget as finally

adopted.

At the option of the township commissioners, such budget may

be prepared and adopted prior to the first Monday of January of

the fiscal year to which such budget shall apply. Whenever the

township commissioners shall exercise such option, the first

reading of the budget shall take place in November and the

budget shall be finally adopted in the month of December prior

to the fiscal year to which such budget shall apply. Said budget

shall reflect as nearly as possible the estimated revenues and

expenditures of the township for the year for which the budget

is prepared. It shall be unlawful to prepare and advertise

notice of a proposed budget when the same is knowingly

inaccurate. Where, upon any revision of the budget, it appears

that the estimated expenditures in the adopted budget will be

increased more than ten percent in the aggregate, or more than

twenty-five percent in any individual item, over the proposed

budget, it shall be presumed that the tentative budget was

inaccurate, and such budget may not be legally adopted with any

such increases therein unless the same is again advertised once,

as in the case of the proposed budget, and an opportunity

afforded to taxpayers to examine the same and protest such

increases.

Final action shall not be taken on the proposed budget until

after at least ten days public notice. The proposed budget shall

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be published or otherwise made available for public inspection

at least twenty days prior to the date set for the adoption of

the budget. The township commissioners after making such

revisions and changes therein, as appear advisable, shall adopt

the budget not later than the thirty-first day of December.

make supplemental appropriations for any lawful purpose from any

funds on hand or estimated to be received within the fiscal year

and not appropriated to any other purpose, including the

proceeds of any borrowing now or hereafter authorized by law.]

annually prepare a proposed budget for all funds for the ensuing

fiscal year. The proposed budget shall reflect as nearly as

possible the estimated revenues and expenditures of the township

for the year for which the budget is prepared.

(b.1) Notice that the proposed budget is available for

inspection and copying shall be published by the township in a

newspaper of general circulation in accordance with the

provisions of section 110. The proposed budget shall be kept on

file with the township secretary and be made available for

public inspection and copying by the township secretary for a

period of twenty days. The notice shall state the date fixed by

the board of commissioners for adoption of the proposed budget

and notice shall be published at least twenty days prior to the

time fixed by the board of commissioners for adoption of the

proposed budget. A township shall not prepare and advertise

notice of a proposed budget when it is knowingly inaccurate.

(b.2) After the proposed budget has been available for

public inspection for at least twenty days, the board of

commissioners shall, after making revisions as appropriate,

adopt the final budget not later than December 31.

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(b.3) Upon any revision of the proposed budget, if the

estimated revenues or expenses in the budget will be increased

more than ten percent in the aggregate, or more than twenty-five

percent on any individual item, over the proposed budget, it

shall be presumed that the tentative budget was inaccurate, and

the proposed budget may not be legally adopted with the

increases unless the proposed budget is again advertised once,

at least ten days before adoption, and an opportunity given to

taxpayers to examine the amended proposed budget.

(b.4) The tax levied by the board of commissioners shall be

fixed within the limit allowed by law that together with other

sources of revenue will meet and cover appropriations. The total

appropriation shall not exceed the revenues estimated as

available for the fiscal year. If the funds available from

taxation and other sources shall be estimated to be in excess of

the requirements of the ensuing fiscal year, an appropriation

may be made for the payment of township orders or indebtedness

of the previous years. A budget adopted in the December prior to

the fiscal year to which the budget applies may be amended.

make supplemental appropriations for any lawful purpose from any

funds on hand or estimated to be received within the fiscal year

and not appropriated to any other purpose, including the

proceeds of any borrowing as authorized by law. Supplemental

appropriations may be made whether or not an appropriation for

that purpose was included in the original budget as adopted.

(d) The [township] board of commissioners [shall have power

to authorize the transfer within the same fund of any

unencumbered balance, or any portion thereof, from one spending

agency to another, but such action shall be taken only during

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the last nine months of the fiscal year. However, when a

transfer of over five percent of an appropriation item is made

within a fund, or when a transfer of over five percent of the

total appropriation to a fund is made from said fund to another

fund, an affirmative vote of two-thirds of the township

commissioners shall be required.] may, by resolution, transfer

unencumbered money from one township account to another but no

money may be transferred from the fund allocated for the payment

of debts or from any fund raised by a special tax levy or

assessment for a particular purpose. Transfers may not be made

during the first three months of the fiscal year. No funds shall

be paid out of the township treasury except upon appropriation

made according to law.

Section 1701.1. Amending Budget; Notice.--(a) During the

month of January next, following any municipal election, the

board of commissioners [of any township] may amend the budget

and the levy and tax rate to conform with its amended budget. A

period of ten days' public inspection at the office of township

secretary of the proposed amended budget after notice by the

township secretary to that effect is published once in a

newspaper of general circulation, as provided in section 110 [of

this act], shall intervene between the proposed amended budget

and [the] its adoption [thereof. Any amended budget must be

adopted by the township]. An amended budget must be adopted by

the board of commissioners on or before the fifteenth day of

February.

[No such] (b) No proposed amended budget shall be revised

upward in excess of ten percent in the aggregate [thereof, or

as, to an individual item] or in excess of twenty-five percent

of the amount of [such] an individual item in the proposed

20190HB2073PN2927 - 242 -

amended budget.

Section 1701a. [Committee to Prepare Uniform Forms.--Uniform

forms for the annual reports of township auditors and

controllers to the Department of Community and Economic

Development, as required in sections 1003 and 1103 of this act,

shall be prepared by a committee consisting of four

representatives from the Pennsylvania State Association of

Township Commissioners and the Secretary of Community and

Economic Development, or his agent who shall be a person trained

in the field of municipal finance. Such representatives shall be

appointed by the president of said organization within sixty

days after the effective date of this act.] Uniform Financial

Report and Forms.--(a) The uniform forms for the annual

financial report required to be made by the township auditors or

controller to the Department of Community and Economic

Development, shall be prepared by a committee consisting of four

representatives from the Pennsylvania State Association of

Township Commissioners and the Secretary of Community and

Economic Development, or the secretary's agent or designee who

shall be a person trained in the field of municipal finance.

(b) The representatives of townships shall be appointed by

the president of the Pennsylvania State Association of Township

Commissioners. The representatives shall be chosen from among

the finance officers or other officers of townships who have

knowledge of fiscal procedures. As far as possible, [such] the

representatives shall be chosen to represent townships in the

various population groups within the range of townships of the

first class. The president of [said] the organization shall

supply to the Department of Community and Economic Development

the names and addresses of [such] the representatives

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immediately upon their appointment.

[Said representatives shall serve without compensation, but

they shall be reimbursed by the Commonwealth for all] (c) The

representatives shall serve without compensation but shall be

reimbursed by the Commonwealth for the necessary expenses

incurred in attending meetings of the committee. The committee

shall meet at the call of the Secretary of Community and

Economic Development, or [his agent] the secretary's agent or

designee, who shall serve as [chairman] chairperson of the

committee.

(d) It shall be the duty of the Secretary of Community and

Economic Development, or [his agent, to see to it that the forms

required by this act are prepared in cooperation with said

committee. In the event that said committee should for any

reason fail to furnish such cooperation, the Secretary of

Community and Economic Development, or his agent, shall complete

the preparation of the forms. After their preparation, he shall

issue said forms and distribute them annually, as needed, to the

proper officers of each township.] the secretary's agent or

designee, to ensure that the forms required by this act are

prepared in cooperation with the committee. In the event that

the committee should for any reason fail to cooperate, the

Secretary of Community and Economic Development, or the

secretary's agent or designee, shall prepare the forms. After

the forms are prepared, the Secretary of Community and Economic

Development, or the secretary's agent or designee, shall issue

the forms and distribute them annually, as needed, to the

designated officers of each township.

Section 1702. Appropriations Not to Be Exceeded; Changes in

Appropriations.--[No work shall be hired to be done, no

20190HB2073PN2927 - 244 -

materials purchased, no contracts made, and no orders issued for

the payment of any moneys, by the authorities of any township,

in any amount which will cause the sums appropriated to specific

purposes to be exceeded. No change in the purpose of the

appropriations shall be made unless by an ordinance, which shall

set out the reasons for and character of such change. If any

work shall be done for or materials furnished to any township

contrary to the provisions of this section, the township

commissioners are hereby prohibited from authorizing payment

therefor as a moral obligation or otherwise, unless ordered or

directed so to do by the court of common pleas or the court of

quarter sessions of the county in which such township is

situate.] The township may not hire employees, purchase

materials, execute contracts or issue orders for the payment of

any money if it would result in the total expenditure of money

for a specific purpose to exceed the amount appropriated for

that purpose.

Section 62. Sections 1703, 1704 and 1705 of the act are

repealed:

[Section 1703. Certain Contracts Invalid.--No contracts,

hirings, or purchases made, or orders or warrants issued, not

provided for by an appropriation by the township commissioners

as is required by law, or which would cause any appropriation to

be exceeded, shall be valid.

Section 1704. Power to Create Indebtedness; Sinking Fund;

Temporary Indebtedness.--The board of township commissioners

may, by ordinance, borrow money and issue evidences of

indebtedness therefor to the extent, and in the manner, in which

municipal districts are now authorized to incur or increase the

same, for the purpose of permanent improvements, but the total

20190HB2073PN2927 - 245 -

indebtedness so created shall not exceed five per centum of the

county valuation of the property within the township without the

assent of the electors of the township; or, by resolution of the

board of township commissioners, they may authorize payment for

permanent improvements or for other contracted obligations of

the township by the issuance of certificates of indebtedness,

payable on a certain date, not exceeding one year from the date

of issue: Provided, That the total indebtedness so created by

the township commissioners, together with other indebtedness

created by them, does not exceed five per centum of the county

valuation of the property within the township, without the

assent of the electors thereof. The rate of interest on such

indebtedness shall not exceed six per centum per annum. In

authorizing the issue of obligations or securities for such

loans, the township commissioners shall provide that moneys

subsequently derived from assessments upon parties benefited by

such improvements shall be deposited in the sinking fund for the

payment of the principal and interest of said obligations or

securities.

Whenever the township funds have been exhausted, the township

commissioners may make temporary loans, on the credit of the

township, in anticipation of taxes to be collected for the

current fiscal year, and issue a certificate of indebtedness

therefor. All such loans shall be repaid from the first moneys

available from taxes in anticipation of which the same were

made.

Section 1705. Sinking Fund; Regulations and Investments.--It

shall be the duty of the board of commissioners to cause

accounts of the sinking fund and other accounts relating to the

indebtedness of the township to be kept, and to see to the

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proper application and superintend the investment of moneys

therein in accordance with law. The commissioners shall meet as

often as may be necessary, and keep a record of the proceedings.

The board of commissioners may (i) make investment of township

sinking funds as authorized by the act of July 12, 1972

(P.L.781, No.185), known as the "Local Government Unit Debt

Act"; and (ii) liquidate any such investment, in whole or in

part, by disposing of securities or withdrawing funds on

deposit. Any action taken to make or to liquidate any investment

shall be made by the officers designated by action of the

commissioners. The income derived from such investments or on

any bank balances credited to the sinking fund shall be credited

and applied only to the sinking fund.]

Section 63. Sections 1705.1, 1706 and 1708 of the act are

amended to read:

Section 1705.1. Investment of Township Funds.--(a) The

board of commissioners shall have power to provide for the

investment of [moneys] money, in the general township fund or in

special funds.

(a.1) The board of commissioners shall have power to invest

township sinking funds as authorized by 53 Pa.C.S. Pt. VII

Subpt. B (relating to indebtedness and borrowing).

(b) The [township] board of commissioners shall invest

township funds consistent with sound business practice.

investment program subject to restrictions contained in this act

and in any other applicable statute and any rules and

regulations adopted by the board of commissioners.

(d) Authorized types of investments for township funds

[shall be:], in addition to those authorized under the act of

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July 25, 1973 (P.L.217, No.53), entitled "An act authorizing

cities of the first class and second class to invest all funds

received and deposited with the city treasurer in certain

commercial paper under certain terms and conditions; and

providing for investment of public corporation or municipal

authority funds," are:

(i) United States Treasury bills.

(ii) Short-term obligations of the United States Government

or its agencies or instrumentalities.

(iii) Deposits in savings accounts or time deposits, other

than certificates of deposit, or share accounts of institutions

insured by the Federal Deposit Insurance Corporation [or the

Federal Savings and Loan Insurance Corporation] or the National

Credit Union Share Insurance Fund [or the Pennsylvania Deposit

Insurance Corporation or the Pennsylvania Savings Association

Insurance Corporation to the extent that such accounts] to the

extent that the accounts are so insured, and, for any amounts

above the insured maximum, provided that approved collateral as

provided by law therefore shall be pledged by the depository.

Such deposits are differentiated from savings or demand deposits

as authorized by the act of July 25, 1973 (P.L.217, No.53).

(iv) Obligations of the United States of America or any of

its agencies or instrumentalities backed by the full faith and

credit of the United States of America, the Commonwealth of

Pennsylvania or any of its agencies or instrumentalities backed

by the full faith and credit of the Commonwealth, or of any

political subdivision of the Commonwealth of Pennsylvania or any

of its agencies or instrumentalities backed by the full faith

and credit of the political subdivision.

(v) Shares of an investment company registered under the

20190HB2073PN2927 - 248 -

Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1

et seq.), whose shares are registered under the Securities Act

of 1933 (48 Stat. 74, 15 U.S.C. § 77a et seq.), provided that

the only investments of that company are in the authorized

investments for township funds listed in (i) through (iv)[.],

and both of the following conditions are met:

(A) The investment company is managed in accordance with 17

CFR 270.2a-7 (relating to money market funds).

(B) The investment company is rated in the highest category

by a nationally recognized rating agency.

(vi) Certificates of deposit purchased from institutions

insured by the Federal Deposit Insurance Corporation [or the

Federal Savings and Loan Insurance Corporation] or the National

Credit Union Share Insurance Fund [or the Pennsylvania Deposit

Insurance Corporation or the Pennsylvania Savings Association

Insurance Corporation to the extent that such accounts are so

insured. However, for any amounts above the insured maximum,

such certificates of deposit shall be collateralized by a pledge

or assignment of assets of the institution, and such collateral

may include loans (including interest in pools of loans) secured

by first mortgage liens on real property.] to the extent that

the accounts are so insured, and, for any amounts above the

insured maximum, provided that approved collateral as provided

by law therefore shall be pledged by the depository.

Certificates of deposit purchased from commercial banks shall be

limited to an amount equal to twenty percent of a bank's total

capital and surplus. Certificates of deposit purchased from

savings and loan associations or savings banks shall be limited

to an amount equal to twenty percent of an institution's assets

minus liabilities.

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(vii) Any investment authorized by 20 Pa.C.S. Ch. 73

(relating to [fiduciaries] municipalities investments) shall be

an authorized investment for any pension or retirement fund.

(e) In making investments of township funds, the board of

commissioners shall have authority[:

(i) To permit assets pledged as collateral under subsection

(d)(iii), to be pooled in accordance with the act of August 6,

1971 (P.L.281, No.72), relating to pledges of assets to secure

deposits of public funds.

(ii) To combine moneys] to:

(i) Permit assets pledged as collateral under subsection (d)

(iii), to be pooled in accordance with the act of August 6, 1971

(P.L.281, No.72), entitled "An act s tandardizing the procedures

for pledges of assets to secure deposits of public funds with

banking institutions pursuant to other laws; establishing a

standard rule for the types, amounts and valuations of assets

eligible to be used as collateral for deposits of public funds;

permitting assets to be pledged against deposits on a pooled

basis; and authorizing the appointment of custodians to act as

pledgees of assets."

(ii) Combine money from more than one fund under township

control for the purchase of a single investment, [provided that]

if each of the funds combined for the purpose shall be accounted

for separately in all respects and that the earnings from the

investment are separately and individually computed and

recorded[,] and credited to the accounts from which the

investment was purchased.

(iii) [To join] Join with one or more other political

subdivisions and municipal authorities in accordance with [the

act of July 12, 1972 (P.L.762, No.180), entitled "An act

20190HB2073PN2927 - 250 -

relating to intergovernmental cooperation," in the purchase of a

single investment, provided that the requirements of subclause

(ii) on separate accounting of individual funds and separate

computation, recording and crediting of the earnings therefrom

are adhered to.] 53 Pa.C.S. Ch. 23 Subch. A (relating to

intergovernmental cooperation) in the purchase of a single

investment, provided that the requirements of subclause (ii) are

adhered to.

Section 1706. Indebtedness and Orders of Previous Years.--No

orders or indebtedness of any previous years shall be paid out

of the funds of any fiscal year, unless the funds available from

taxation and other sources shall be estimated to be in excess of

requirements for the current fiscal year[, in which case]. If

the available funds are in excess of the current fiscal year

requirements, an appropriation may be made for [such] this

purpose to the extent of [such] the excess, or unless, after the

close of the fiscal year, it shall be ascertained that the funds

appropriated and available therefor are in excess of the amount

required, in which case [such] the surplus may be applied to

[such] the former orders of indebtedness.

Section 1708. Disbursements to Pay Indebtedness.--All

disbursements in discharge of township indebtedness duly

incurred shall be made by the township treasurer or [his] the

treasurer's deputy, by virtue of warrants or orders drawn on

[him] the treasurer by the order of the board of [township]

commissioners, signed by the president or vice president and

attested to by the secretary or assistant secretary of the

board. The board shall prescribe, by ordinance, the manner in

which bills for township indebtedness shall be approved for

payment.

20190HB2073PN2927 - 251 -

Section 63.1. Section 1709 of the act, amended July 2, 2019

(P.L.349, No.50), is amended to read:

Section 1709. Tax Levies.--(a) The board of [township

commissioners may levy taxes by resolution for taxes levied at

the same rate as or a rate lower than the previous fiscal year,

and by ordinance if the tax rate increases from the previous

fiscal year, upon all property and upon all occupations within

the township made taxable for township purposes, as ascertained

by the valuation for county purposes made by the assessors of

the several counties of this Commonwealth for the year for which

the township taxes are levied, for the purposes and at the rate

hereinafter specified: Provided, however, That such valuation

shall be subject to correction by the county commissioners of

the several counties, and to appeal by the taxable persons in

accordance with existing laws.

One.] commissioners may levy taxes by resolution for taxes

levied at the same rate as or a rate lower than the previous

fiscal year, and by ordinance if the tax rate increases from the

previous fiscal year, upon all property and upon all occupations

within the township made taxable for township purposes and

subject to valuation and assessment by the county assessment

office, for the following purposes and at the following rates:

(1) An annual tax for general township purposes, not

exceeding thirty mills, unless the board of [township]

commissioners by majority action shall, upon due cause shown by

resolution, petition the court of [quarter sessions, in which

case the court may order a rate of not more than five mills

additional to be levied: Further provided, That if, at the

hearing before the court of quarter sessions upon said petition,

of which notice shall be given as the court may direct, which

20190HB2073PN2927 - 252 -

hearing shall be held not less than ten nor more than fifteen

days after said petition shall be presented, the owners of real

estate having assessed valuation of fifty per centum of the

total assessed valuation of real estate in said township shall,

by petition, object to the making of an order for any additional

tax levy, the court shall thereupon deny the prayer of said

petition.] common pleas for the right to levy additional millage

for general revenue purposes. The court, after public notice as

it may direct and after hearing, may order a greater rate than

thirty mills but not exceeding five additional mills to be

levied.

[Two.] (2) (i) An annual tax not exceeding three mills for

the purpose of:

(A) building and maintaining suitable places for the housing

of fire apparatus;

(B) purchasing, maintaining and operating fire apparatus;

without] located inside or outside the township;

(D) contracting with adjacent municipalities or volunteer

fire companies therein for fire protection;

(E) the training of fire personnel and payments to fire

training schools and centers;

(F) the purchase of land upon which to erect a fire house;

and

(G) the erection and maintenance of a fire house or fire

training school and center.

(ii) The township may appropriate up to one-half, but not to

exceed one mill, of the revenue generated from a tax under this

clause for the purpose of paying salaries, benefits or other

compensation of fire suppression employes of the township or a

20190HB2073PN2927 - 253 -

fire company serving the township.

(iii) If an annual tax for the purposes specified in this

clause is proposed to be set at a level higher than three mills

the question shall be submitted to the voters of the township,

and the county board of elections shall frame the question in

accordance with the election laws of the Commonwealth for

submission to the voters of the township.

[Three.] (3) An annual tax, not exceeding one-tenth of one

mill, for the purpose of caring for trees planted under the

supervision of the [shade-tree] shade tree commission, and for

the purpose of publishing notices of meetings to consider the

planting, removing, or changing of trees. In lieu of the tax

provided for in this clause, the [township] board of

commissioners may, by specific appropriation, provide for the

maintenance of [such trees] shade trees by appropriation from

the general funds of the township.

[Four.] (4) An annual tax so long as necessary, for the

purpose of procuring a lot and/or erecting a building thereon

for a [townhouse] municipal building, and for the payment of

indebtedness incurred in connection therewith.

[Five.] (5) An annual tax sufficient to pay interest and

principal on any indebtedness incurred pursuant to [the act of

July 12, 1972 (P.L.781, No.185), known as the "Local Government

Unit Debt Act,"] 53 Pa.C.S. Pt. VII Subpt. B (relating to

indebtedness and borrowing) or any prior or subsequent act

governing the incurrence of indebtedness of the township.

[Six. The commissioners of the township shall have the power

to levy and collect annually on the valuation assessed for

general township purposes as now is or may be provided by law,

an additional]

20190HB2073PN2927 - 254 -

(6) An annual tax not exceeding one-half (1/2) mill to

provide for pensions, retirement, or the purchase of annuity

contracts for township employes. This tax shall be kept in a

separate fund and used only for the purposes [herein] provided

in this clause.

[Seven.] (7) (i) An annual tax not exceeding one-half mill

for the purpose of supporting ambulance, rescue and other

emergency services serving the township, except as provided in

subsection (c).

(ii) The township may appropriate up to one-half of the

revenue generated from a tax under this clause for the purpose

of paying salaries, benefits or other compensation of employes

of an ambulance, rescue or other emergency service serving the

township.

(8) An annual tax not exceeding five mills to create and

maintain a revolving fund to be used in making permanent street,

sidewalk, water supply or sewer improvements before the

collection of all or part of the cost from property owners as

otherwise authorized by this act. A revolving fund may also be

used for the deposit of funds raised through the issuance of

general obligation bonds of the township for the making of

permanent street, sidewalk, water supply or sewer improvements.

When all or part of the cost of the construction of any

permanent street, sidewalk, water supply or sewer improvement is

paid from the revolving fund and is later assessed and collected

from property owners as otherwise authorized by this act, the

collections shall be applied to the credit of the revolving fund

to the extent of the withdrawal from the revolving fund for that

purpose.

(9) An annual tax sufficient for the purpose of

20190HB2073PN2927 - 255 -

constructing, maintaining and operating parks, recreation areas,

facilities and programs or for paying the township's share of a

joint action with one or more political subdivisions, in

accordance with section 3013.

(b) This section does not include the levy of any taxes upon

particular districts, or parts of any township, for particular

purposes, nor special levies otherwise provided for in this act.

the township shall not exceed the rate specified in [clause

seven of subsection (a)] subsection (a)(7) except when the

question is submitted to the voters of the township in the form

of a referendum which will appear on the ballot in accordance

with the election laws of the Commonwealth, in which case the

rate shall not exceed three mills. The county board of elections

shall frame the question to be submitted to the voters of the

township in accordance with the election laws of the

Commonwealth.

Section 64. Section 1709.1 of the act is amended to read:

Section 1709.1. Additions and Revisions to Duplicates.--

[When there is any construction of a building or buildings not

otherwise exempt as a dwelling after January first of any year

and the building is not included in the tax duplicate of the

township, the authority responsible for assessments in the

township shall, upon the request of the board of township

commissioners, inspect and reassess, subject to the right of

appeal and adjustment by the law under which assessments are

made,] If in any township there is any construction of a

building or buildings not otherwise exempt as a dwelling after

January first of any year and the building is not included in

the tax duplicate of the township, the county assessment office

20190HB2073PN2927 - 256 -

shall, upon the request of the board of commissioners, direct

the assessor in the county assessment office to inspect and

reassess, subject to the right of appeal and adjustment by

statute, all taxable property in the township to which major

improvements have been made after January first of any year and

to give notice of the reassessments within ten days to the

authority responsible for assessments, the township and the

property owner. The real property shall be added to the

duplicate and [is] shall be taxable for township purposes at the

reassessed valuation for that proportionate part of the fiscal

year of the township remaining after the property was improved.

Any improvement made during the month shall be computed as

having been made on the first day of the month. A certified copy

of the additions or revisions to the duplicate shall be

furnished by the board of township commissioners to the township

tax collector, together with the board's warrant for collection

of the same, and within ten days the township tax collector

shall notify the owner of the property of the taxes due the

township.

[When an assessment is made for a portion of a year, the

assessment shall be added to the duplicate of the following or

succeeding year unless the value of the improvements has already

been included in that duplicate.]

Section 64.1. Section 1710 of the act, amended July 2, 2019

(P.L.349, No.50), is amended to read:

Section 1710. Tax Rates to Be Expressed in Dollars and

Cents.--Whenever the board of commissioners [of any township]

shall, by ordinance or resolution, fix the rate of taxation for

any year at a mill rate, [such] the ordinance or resolution

shall also include a statement expressing the rate of taxation

20190HB2073PN2927 - 257 -

in dollars and cents on each one hundred dollars of assessed

valuation of taxable property.

Section 65. Sections 1711, 1712 and 1801 of the act are

amended to read:

Section 1711. Special Levies to Pay Indebtedness.--[In

addition to the levies hereinbefore provided for, when it is

shown to the court that the debts due by any township exceed the

amount which the township commissioners may collect in any year

by taxation, the court, after ascertaining the amount of

indebtedness of any such township, may, by a writ of mandamus,

direct the township commissioners, by special taxation, to

collect an amount sufficient to pay the same. If the amount of

such indebtedness is so large as to render it unadvisable to

collect the same in any one year, taking into consideration

other necessary taxation, the court may direct the same to be

levied and collected by annual instalments, and may order such

special taxes to be levied and collected during such successive

years as may be required for payment of the same.] In addition

to the levies provided for in section 1709, when it is shown to

the court that the debts due by any township exceed the amount

which the board of commissioners may collect in any year by

taxation, the court, after ascertaining the amount of

indebtedness of the township, may, in an action of mandamus,

direct the board of commissioners, by special taxation, to

collect an amount sufficient to pay the debts. If the amount of

the indebtedness is so large as to render it unadvisable to

collect the entire amount in any one year, taking into

consideration other necessary taxation, the court may direct the

special taxes to be levied and collected during successive years

as may be required for payment of the debt.

20190HB2073PN2927 - 258 -

Section 1712. Delivery of Duplicates.--The board of

[township] commissioners shall within thirty days after adoption

of the budget or within thirty days after receipt of the

assessment roll from the county, whichever is later, deliver a

duplicate of the assessment of township taxes to the township

tax collector, together with the board's warrant for collection

of the taxes.

Section 1801. Power to Make Contracts.--[Townships] (a) A

township may make contracts for lawful purposes and for the

[purpose] purposes of carrying into execution the provisions of

this act and the laws of the Commonwealth.

(b) Except as otherwise specifically provided in this act,

all contracts and purchases must be made with and from the

lowest responsible bidder. For purposes of this article, the

lowest responsible bidder need not be the bidder submitting the

lowest dollar amount bid. A township may also consider the

quality of goods or services supplied, ease of repair,

compatibility with other township equipment or services,

responsiveness, past performance of the bidder and any other

reasonable factors specified in the advertisement for bids.

and may receive bids electronically for competitive bid

purchases and contracts pursuant to 62 Pa.C.S. Ch. 46 (relating

to electronic bidding by local government units).

Section 66. Section 1802 of the act, amended October 24,

2018 (P.L.886, No.141), is amended to read:

Section 1802. [General Regulations Concerning Contracts.--

(a) All contracts or purchases made by any township, involving

the expenditure of over the base amount of eighteen thousand

five hundred dollars, subject to adjustment under subsection

20190HB2073PN2927 - 259 -

(a.2), except those hereinafter mentioned, shall not be made

except with and from the lowest responsible bidder, shall be in

writing, and shall be made only after notice by the secretary,

published, in one newspaper of general circulation, published or

circulating in the county in which the township is situated, at

least two times at intervals of not less than three days where

daily newspapers of general circulation are employed for such

publication, or in case weekly newspapers are employed then the

notice shall be published once a week for two successive weeks.

The first advertisement shall be published not more than forty-

five days and the second advertisement not less than ten days

prior to the date fixed for the opening of bids. Advertisements

for contracts or purchases shall also be posted in a conspicuous

place within the township. Advertisements] Regulation of

Contracts.--(a) All contracts or purchases in excess of the

base amount of eighteen thousand five hundred dollars, subject

to adjustment under subsection (a.2), except those mentioned in

this section and except as provided by the act of October 27,

1979 (P.L.241, No.78), entitled "An act authorizing political

subdivisions, municipality authorities and transportation

authorities to enter into contracts for the purchase of goods

and the sale of real and personal property where no bids are

received," shall be in writing, and shall be made only after

notice by the secretary, published once in one newspaper of

general circulation, published or circulating in the township in

which the township is situated. The advertisement shall be

published not less than ten days prior to the date fixed for the

opening of bids and shall also be posted in a conspicuous place

within the township. The advertisement for contracts or

purchases shall contain the date, time and location for opening

20190HB2073PN2927 - 260 -

of bids and shall state the amount of the performance bond

determined under subsection (c). The advertisement shall also

contain full plans and specifications, or refer to the places

where copies thereof can be obtained. All plans and

specifications shall be on file [at least] not less than ten

days in advance of opening bids. The amount of the contract

shall in all cases, whether of straight sale price, conditional

sale, [bailment] lease, lease purchase or otherwise, be the

entire amount which the township pays to the successful bidder

or [his] the bidder's assigns in order to obtain the services or

property, or both, and shall not be construed to mean only the

amount [which] that is paid to acquire title or to receive any

other particular benefit or benefits of the whole bargain.

(a.1) Written or telephonic price quotations from at least

three qualified and responsible contractors shall be requested

for all contracts in excess of the base amount of ten thousand

dollars, subject to adjustment under subsection (a.2) but less

than the amount requiring advertisement and competitive bidding

or, in lieu of price quotations, a memorandum shall be kept on

file showing that fewer than three qualified contractors exist

in the market area within which it is practicable to obtain

quotations. A written record of telephonic price quotations

shall be made and shall contain at least the date of the

quotation, the name of the contractor and the contractor's

representative, the construction, reconstruction, repair,

maintenance or work [which] that was the subject of the

quotation and the price. Written price quotations, written

records of telephonic price quotations and memoranda shall be

retained for a period of three years. Written price quotations

as used throughout this section include electronic mail.

20190HB2073PN2927 - 261 -

(a.2) Adjustments to the base amounts specified under

[subsection (a)] subsections (a) and (a.1) shall be made as

follows:

(1) The Department of Labor and Industry shall determine the

percentage change in the Consumer Price Index for All Urban

Consumers: All Items (CPI-U) for the United States City Average

as published by the United States Department of Labor, Bureau of

Labor Statistics, for the twelve-month period ending September

30, 2012, and for each successive twelve-month period

[thereafter].

(2) If the department determines that there is no positive

percentage change, then no adjustment to the base amounts shall

occur for the relevant time period provided for in this

subsection.

(3) (i) If the department determines that there is a

positive percentage change in the first year that the

determination is made under [clause] paragraph (1), the positive

percentage change shall be multiplied by each base amount, and

the products shall be added to the base amounts, respectively,

and the sums shall be preliminary adjusted amounts.

(ii) The preliminary adjusted amounts shall be rounded to

the nearest one hundred dollars, to determine the final adjusted

base amounts for purposes of [subsection (a)] subsections (a)

and (a.1).

(4) In each successive year in which there is a positive

percentage change in the CPI-U for the United States City

Average, the positive percentage change shall be multiplied by

the most recent preliminary adjusted amounts, and the products

shall be added to the preliminary adjusted amount of the prior

year to calculate the preliminary adjusted amounts for the

20190HB2073PN2927 - 262 -

current year. The sums [thereof] shall be rounded to the nearest

one hundred dollars to determine the new final adjusted base

amounts for purposes of [subsection (a)] subsections (a) and

(a.1).

(5) The determinations and adjustments required under this

subsection shall be made in the period between October 1 and

November 15 of [the year following the effective date of this

subsection and annually between October 1 and November 15 of

each year thereafter.] each year.

(6) The final adjusted base amounts and new final adjusted

base amounts obtained under [clauses] paragraphs (3) and (4)

shall become effective January 1 for the calendar year following

the year in which the determination required under [clause]

paragraph (1) is made.

(7) The department shall [publish notice] transmit notice to

the Legislative Reference Bureau for publication in the

Pennsylvania Bulletin prior to January 1 of each calendar year

of the annual percentage change determined under [clause]

paragraph (1) and the unadjusted or final adjusted base amounts

determined under [clauses] paragraphs (3) and (4) at which

competitive bidding is required under subsection (a) and written

or telephone price quotations are required under subsection

(a.1), respectively, for the calendar year beginning the first

day of January after publication of the notice. The notice shall

include a written and illustrative explanation of the

calculations performed by the department in establishing the

unadjusted or final adjusted base amounts under this subsection

for the ensuing calendar year.

(8) The annual increase in the preliminary adjusted base

amounts obtained under [clauses] paragraphs (3) and (4) shall

20190HB2073PN2927 - 263 -

not exceed three [per centum] percent.

(b) (1) [In every instance in which any contract for any

public work, construction, materials, supplies, or other matters

or things for any township shall be awarded upon competitive

bids, it shall be the duty of the authorities authorizing the

same to award said contract to the lowest responsible bidder.

Any published notice for bids shall contain full plans and

specifications, or refer to the places where copies thereof can

be obtained, and give the time and place of a public meeting of

a committee, appointed by the township commissioners or an open

meeting of the township commissioners, at which committee or

commissioners meeting, bids shall be publicly opened and read,

and if it is an open meeting of the township commissioners, the

contract may be awarded. If, through lack of a quorum or other

reason, no meeting shall be held at such time and place, notice

of the same kind shall be repeated once at least six days before

the meeting of the subsequent time and place fixed, and the

foregoing provisions as to bids shall apply. The same course

shall be pursued until a meeting of a committee or the

commissioners shall actually be held for receiving and opening

bids.

(2) Notwithstanding clause (1), the board of township

commissioners may direct that a committee of the board, a member

of the board or a member of the township staff receive, open and

review bids during normal business hours and forward the

information to the board of township commissioners for

subsequent award at a public meeting. Bidders shall be notified

and other interested parties, upon request, shall be notified of

the date, time and location of the opening of bids and may be

present when the bids are opened.

20190HB2073PN2927 - 264 -

(3)] (i) If advertisement and bidding are required, the

advertisement shall specify the date, time and place bids will

be received and the date, time and place for the opening of

bids.

(ii) At the board of commissioners' request, the bids

advertised for must be accompanied by cash, money order, a

certified or cashier's good faith check or other irrevocable

letter of credit drawn upon a bank authorized to do business in

this Commonwealth or by a bond with corporate surety in the

amount as the board of commissioners determine, and, when

requested, no bid may be considered unless so accompanied.

(iii) Bids received pursuant to an advertisement shall be

opened publicly by the board of commissioners or the board's

agent or employees. The amount of each bid and any other

relevant information as may be specified by the board, together

with the name of each bidder, shall be disclosed and recorded,

and the record shall be open to public inspection and copying.

(iv) At a public meeting of the board of commissioners, the

board shall either award the contract or reject all bids.

(2) Any contract [made] executed in violation of the

provisions of this section shall be void. [But nothing

contained] Nothing in this section shall prevent the making of

contracts for governmental services for a period exceeding one

year, but any contract [so made shall be executory] shall be

executed only for the amounts agreed to be paid for [such

services to be rendered in succeeding fiscal years: Provided,

That if, prior to the letting of any contract, taxpayers of the

township, whose property valuation as assessed for taxable

purposes within the township shall amount to sixty per centum or

over of the total property valuation as assessed for taxable

20190HB2073PN2927 - 265 -

purposes within the township, shall sign and file, with the

township secretary of the board, a written protest against such

contemplated contract, then such contract shall not be let.

(4) Every contract for the construction, reconstruction,

repair, improvement or maintenance of public works shall contain

a provision that any steel products used or supplied in the

performance of the contract or any subcontracts thereunder shall

be from steel made in the United States. The provisions of this

act shall be construed in a manner consistent with the act of

March 3, 1978 (P.L.6, No.3), known as the "Steel Products

Procurement Act."] the services to be rendered in succeeding

fiscal years.

[herein], shall be required to furnish bond or irrevocable

letter of credit or other security with suitable reasonable

requirements guaranteeing the performance of the contract, with

sufficient surety, in an amount as determined by the [township]

board of commissioners which shall be not less than ten [per

centum] percent nor more than one hundred [per centum] percent

of the amount of the liability under the contract within twenty

days after the contract has been awarded, unless the [township]

board of commissioners shall prescribe a shorter period of not

less than ten days. Upon failure to furnish [such bond within

such time] the security within the prescribed time, the previous

award shall be void. Deliveries, accomplishment and guarantees

may be required in all cases of expenditures including

exceptions herein.

(d) The contracts or purchases made by the board of

commissioners which shall not require advertising, bidding or

price quotations, as [hereinbefore provided,] provided in this

20190HB2073PN2927 - 266 -

article, are as follows:

(1) Those for maintenance, repairs or replacements for

water, [electric light] electricity, or other public works of

the township, provided they do not constitute new additions,

extensions or enlargements of existing facilities and equipment

but [a bond] security may be required by the board of

commissioners as in other cases of work done.

(2) Those made for improvements, repairs and maintenance of

any kind made or provided by [any] a township through its own

employes[: Provided, however, That all materials used for street

improvement, maintenance, and/or construction in excess of the

base amount of ten thousand dollars be subject to the relevant

price quotation or advertising requirements as contained herein

and to adjustment under subsection (a.2).] if the materials used

for street improvement or construction in excess of the amount

specified or adjusted under subsection (a.1) are subject to the

relevant price quotation or advertising requirements contained

in this section.

(3) Those where particular types, models or pieces of new

equipment, articles, apparatus, appliances, computer software,

vehicles or parts thereof are desired by the board of

commissioners which are patented [and manufactured products.] or

copyrighted products or are needed to ensure compatibility with

existing systems, facilities or equipment.

(3.1) Those for used personal property, such as equipment,

articles, apparatus, appliances, vehicles or parts thereof being

purchased from a public utility, municipal corporation, county,

school district, [municipality] municipal authority, council of

government, volunteer fire company, volunteer ambulance service,

volunteer rescue squad or Federal or State Government.

20190HB2073PN2927 - 267 -

(4) Those involving [any policies of insurance or surety

company bonds; those made for public utility service under

tariffs on file with the Pennsylvania Public Utility Commission;

those made with another political subdivision or a county; the

Commonwealth of Pennsylvania; the Federal Government; any agency

of the Commonwealth or the Federal Government or any municipal

authority, including the sale, leasing or loan of any supplies

or materials by the Commonwealth or Federal Government or their

agencies. But the price thereof shall not be in excess of that

fixed by the Commonwealth, the Federal Government or their

agencies.] a policy of insurance or a surety bond.

(4.1) Those made for public utility service and electricity,

natural gas or telecommunications services.

(4.2) Those made with another political subdivision or a

county, or council of governments, consortium, cooperative or

other similar entity created under 53 Pa.C.S. Ch. 23 Subch. A

(relating to intergovernmental cooperation) or the Federal

Government, the Commonwealth, any agency of the Federal

Government or the Commonwealth or any municipal authority,

including the sale, leasing or loan of any supplies or materials

by the Federal Government or the Commonwealth or their agencies.

The price may not be in excess of that fixed by the Federal

Government or the Commonwealth, or their agencies.

(5) Those involving personal or professional services.

(6) Those made for materials and supplies or equipment

rental under emergency conditions under 35 Pa.C.S. Pt. V

(relating to emergency management services).

(7) Those involving equipment rental with operators if more

than fifty percent of the total labor personnel hours required

for the completion of the contract is supplied by the township

20190HB2073PN2927 - 268 -

through its own employees.

(8) Those for the purchase of repair parts or materials for

use in existing township equipment or facilities if the item or

material to be purchased is the sole item of its kind on the

market or is manufactured as a replacement for the original item

or equipment being repaired.

(9) Those for emergency maintenance, repairs or replacements

for water, electricity or public works of the township, if they

do not constitute new additions, extensions or enlargements of

existing facilities and equipment, but security may be required

by the board of commissioners, as in other cases of work done.

The actual emergency and the nature of the procurement shall be

stated in a resolution by the board of commissioners and adopted

at the next public meeting.

(10) Those for the mitigation of a real or potential

emergency involving a clear and present danger to the health,

safety and welfare of the residents of the township. For those

contracts or purchases made in cases of emergencies, the actual

emergency and the nature of the procurement shall be stated in a

resolution by the board of commissioners and adopted at the next

public meeting.

Nothing in this subsection prohibits the board of

commissioners from engaging in advertising, bidding or price

quotations if the board of commissioners determines that the

advertising, bidding or price quotations are in the public

interest.

(e) [Every contract for the construction, reconstruction,

alteration, repair, improvement or maintenance of public works

shall comply with the provisions of the act of March 3, 1978

(P.L.6, No.3), known as the "Steel Products Procurement Act."]

20190HB2073PN2927 - 269 -

The board of commissioners shall award contracts subject to the

requirements of and may exercise any powers granted by the

following acts to the extent applicable:

(1) The act of August 15, 1961 (P.L.987, No.442), known as

the "Pennsylvania Prevailing Wage Act."

(2) The act of December 20, 1967 (P.L.869, No.385), known as

the "Public Works Contractors' Bond Law of 1967."

(3) The act of January 17, 1968 (P.L.11, No.5), known as

"The Minimum Wage Act of 1968."

(4) The act of January 23, 1974 (P.L.9, No.4), referred to

as the Public Contract Bid Withdrawal Law.

(5) The act of March 3, 1978 (P.L.6, No.3), known as the

"Steel Products Procurement Act."

(6) The act of February 17, 1994 (P.L.73, No.7), known as

the "Contractor and Subcontractor Payment Act."

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

provisions).

(f) No person, consultant, firm or corporation contracting

with a township for purposes of rendering personal or

professional services to the township shall share with any

township officer or employe, and no township officer or employe

shall accept, any portion of the compensation or fees paid by

the township for the contracted services provided to the

township except under the following terms or conditions:

(1) Full disclosure of all relevant information regarding

the sharing of the compensation or fees shall be made to the

board of commissioners.

(2) The board of commissioners must approve the sharing of

any fee or compensation for personal or professional services

prior to the performance of [said] the services.

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(3) No fee or compensation for personal or professional

services may be shared except for work actually performed.

(4) No shared fee or compensation for personal or

professional services may be paid at a rate in excess of that

commensurate for similar personal or professional services.

Section 66.1. Sections 1802.1, 1804, 1804.1, 1805 and 1806

of the act are amended to read:

Section 1802.1. Evasion of Advertising Requirements.--(a)

(1) No commissioner or commissioners shall evade the provisions

of section [one thousand eight hundred two] 1802 as to

advertising for bids[,] by purchasing or contracting for

services and personal properties piecemeal for the purpose of

obtaining prices under eighteen thousand five hundred dollars,

subject to adjustment under section 1802(a.2), upon

transactions, which transactions should, in the exercise of

reasonable discretion and prudence, be conducted as one

transaction amounting to more than eighteen thousand five

hundred dollars, subject to adjustment under section 1802(a.2).

[This provision]

(2) This subsection is intended to make unlawful the evading

of advertising requirements by making a series of purchases or

contracts, each for less than the advertising requirement price,

or by making several simultaneous purchases or contracts, each

below [said] the price, when in either case, the transactions

involved should have been made as one transaction for one price.

(3) Any commissioners who [so] vote in violation of this

[provision, and who] subsection and know that the transaction

upon which they so vote is or [ought to] should be a part of a

larger transaction[, and that it] and is being divided in order

to evade the requirements as to advertising for bids, shall be

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jointly and severally subject to surcharge for ten [per centum]

percent of the full amount of the contract or purchase.

[Whenever it shall appear]

(4) If it appears that a commissioner may have voted in

violation of this section, but the purchase or contract on which

[he so] the commissioner voted was not approved by the board of

commissioners, this section shall [be inapplicable] not apply.

(b) Any commissioner who votes to unlawfully evade the

provisions of section [one thousand eight hundred two] 1802 and

who knows that the transaction upon which [he so] the member

votes is or [ought to] should be a part of a larger transaction

and [that it] is being divided in order to evade the

requirements as to advertising for bids commits a misdemeanor of

the third degree for each contract entered into as a direct

result of that vote. [This penalty shall be in addition to any

surcharge which may be assessed pursuant to subsection (a).] The

penalty under this subsection shall be in addition to a

surcharge that may be assessed under subsection (a).

Section 1804. Bonds for Protection of Labor and

[Materialmen.--It shall be the duty of every township to require

any person, copartnership, association, or corporation, entering

into a contract with such township for the construction,

erection, installation, completion, alteration, repair of or

addition to any public work or improvement of any kind

whatsoever, where the amount of such contract is in excess of

one thousand five hundred dollars ($1,500), before commencing

work under such contract, to execute and deliver to such

township, in addition to any other bond which may now or

hereafter be required by law to be given in connection with such

contract, an additional bond for the use of any and every

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person, copartnership, association, or corporation interested,

in a sum not less than fifty per centum (50%) and not more than

one hundred per centum (100%) of the contract price, as such

township may prescribe, having as surety thereon one or more

surety companies legally authorized to do business in this

Commonwealth, conditioned for the prompt payment of all material

furnished and labor supplied or performed in the prosecution of

the work, whether or not the said material or labor enter in and

become component parts of the work or improvement contemplated.

Such additional bond shall be deposited with and held by the

township for the use of any party interested therein. Every such

additional bond shall provide that every person, copartnership,

association, or corporation, who, whether as sub-contractor or

otherwise, has furnished material or supplied or performed labor

in the prosecution of the work as above provided, and who has

not been paid therefor, may sue in assumpsit on said additional

bond, in the name of the township, for his, their, or its use

and prosecute the same to final judgment for such sum or sums as

may be justly due him, them, or it, and have execution thereon:

Provided, however, That the township shall not be liable for the

payment of any costs or expense of any suit.] Materials.--Before

a contract exceeding ten thousand dollars is awarded to a prime

contractor or construction manager for the construction,

erection, installation, completion, alteration, repair of or

addition to a public work or improvement of any kind, the

contractor shall furnish to the township a payment bond for the

protection of claimants supplying labor or materials to the

prime contractor to whom the contract is awarded, at no less

than one hundred percent of the contract amount, conditioned for

the prompt payment of the materials furnished or labor supplied

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or performed in the prosecution of the contract under the act of

December 20, 1967 (P.L.869, No.385). The bond requirement is in

addition to any other bond requirement required by law to be

given in connection with the contract.

Section 1804.1. Purchase Contracts for Petroleum Products;

Fire Company, Etc., Participation.--The board of commissioners

of each township shall have power to permit, subject to [such]

terms and conditions as it may, and as [hereinafter]

specifically provided, shall, prescribe [any] a paid or

volunteer fire company, paid or volunteer rescue company and

paid or volunteer ambulance company in the township to

participate in purchase contracts for petroleum products entered

into by the township. [Any such] A company desiring to

participate in [such] purchase contracts shall file with the

township secretary a request [that it be authorized] to

authorize it to participate in contracts for the purchase of

petroleum products of the township and agreeing that it will be

bound by [such] the terms and conditions as the township may,

and as [hereinafter] specifically provided, shall, prescribe and

that it will be responsible for payment directly to the vendor

under each purchase contract. Among [such] the terms and

conditions, the township shall prescribe that all prices shall

be F.O.B. destination.

Section 1805. Separate Specifications for Branches of

Work.--[In] If, in the preparation of specifications for the

erection or alteration of any public building, [when] the entire

cost of [such] the work exceeds the base amount of eighteen

thousand five hundred dollars ($18,500), subject to annual

adjustment under section 1802(a.2), the architect, engineer, or

other person preparing [such specifications shall] the

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specifications may, if requested by the board of commissioners,

prepare separate specifications for the plumbing, heating,

ventilating, and electrical work, and the township shall receive

separate bids upon each of [such] the branches of work, and

award the contract for the same to the lowest responsible bidder

for each of the branches.

Section 1806. [Workmen's Compensation Insurance.--All

contracts executed by any township, which involve the

construction or doing of any work involving the employment of

labor, shall contain a provision that the contractor shall

accept, in so far as the work covered by any such contract is

concerned, the provisions of the Workmen's Compensation Act of

one thousand nine hundred and fifteen, and any supplements or

amendments thereto, and that the said contractor will insure his

liability thereunder, or file with the township, with which the

contract is made, a certificate of exemption from insurance from

the Bureau of Workmen's Compensation of the Department of Labor

and Industry.

Every officer of any township who shall sign, on behalf of

the township, any contract, requiring in its performance the

employment of labor, shall require, before the said contract

shall be signed, proof that the said contractor with whom the

contract is made shall have accepted the Workmen's Compensation

Act of one thousand nine hundred and fifteen, and any

supplements or amendments thereto, and proof that the said

contractor has insured his liability thereunder in accordance

with the terms of the said act, or that the said contractor has

had issued to him a certificate of exemption from insurance by

the Bureau of Workmen's Compensation of the Department of Labor

and Industry.

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In any contract executed in violation of the provisions of

this act, the township, which is a party thereto, shall be

regarded as the employer and liable to pay compensation to any

person entitled to compensation, under the laws of the

Commonwealth, as the result of employment pursuant to such

contract.] Workers' Compensation Insurance.--(a) A contract

executed by a township or an officer of a township, which

involves the construction or doing of work involving the

employment of labor, shall contain a provision that the

contractor shall accept, in so far as the work covered by the

contract is concerned, the provisions of the act of June 2, 1915

(P.L.736, No.338), known as the "Workers' Compensation Act," and

any supplements or amendments to the act, and that the

contractor will insure the contractor's liability under the act

and will file with the township with which the contract is made

a certificate of exemption from insurance from the Bureau of

Workers' Compensation of the Department of Labor and Industry.

The certificate of exemption from insurance may be issued on the

basis of either individual self-insurance or group self-

insurance. Additionally, a contractor shall file with the

township with which the contract is made any applications to be

excepted by the provisions of the "Workers' Compensation Act" in

respect to certain employees on religious grounds if the

applications have been accepted by the Department of Labor and

Industry.

(b) A contract executed in violation of subsection (a) is

void.

Section 67. Sections 1807 and 1808 of the act are repealed:

[Section 1807. Engineers and Architects Not to Be Interested

in Contracts.--It shall be unlawful for any architect or

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engineer in the employ of a township, and engaged in the

preparation of plans, specifications, or estimates, or for any

officer or employe of the township, directly or indirectly, to

bid on any public work at any letting of such work in such

township.

It shall be unlawful for the officers of a township, charged

with the duty of letting any public work, to award a contract to

any such architect, engineer, officer, or employe in the employ

of the township.

It shall be unlawful for any architect, engineer, officer, or

employe, in the employ of any township, to be in any wise

interested in any contract for public work in such township, or

to receive any remuneration or gratuity from any person

interested in such contract except under the terms and

conditions as provided in section 1802(f).

Any person or persons violating these provisions, or any one

of them, shall forfeit his office, and shall be guilty of a

misdemeanor, and, on conviction thereof, shall be sentenced to

pay a fine not exceeding five hundred dollars, or to undergo

imprisonment of not less than six months, or both, in the

discretion of the court.

Section 1808. Minimum Wages under Contracts.--(a) The

specifications upon which contracts are entered into by any

township for the construction, alteration or repair of any

public work or improvement may, at the option of any such

township, contain the minimum wage or wages which may be paid by

the contractor or his subcontractors for the work performed by

laborers and mechanics employed on such public work or

improvement, and such laborers and mechanics shall in such cases

be paid not less than such minimum wage or wages.

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(b) Every contract for the construction, alteration or

repair of any public work or improvement founded on

specifications containing any such stipulation for minimum wage

or wages shall stipulate a penalty of an amount equal to twice

the difference between the minimum wage contained in said

specifications and the wage actually paid to each laborer or

mechanic for each day during which he has been employed at a

wage less than that prescribed in said specifications.

having supervision over the work to be performed under any such

contract in order to aid in enforcing the fulfillment thereof

shall, upon observation or investigation, report to the

commissioners of the township all violations of minimum wage

stipulations, together with the name of each laborer or mechanic

who has been paid a wage less than that prescribed by the

specifications and the day or days of such violation.

(d) All such penalties shall be withheld and deducted for

the use of the township from any moneys due the contractor by

the officer or person whose duty it shall be to authorize the

payment of moneys due such contractor, whether the violation of

the minimum wage stipulation of the specifications was by the

contractor or by any of his subcontractors: Provided, That if

any such contractor or subcontractor subsequently pays to all

laborers and mechanics the balance of the amounts stipulated in

such contract, the township shall pay to the contractor the

amounts so withheld as penalties.]

Section 68. Section 1811 of the act is amended to read:

Section 1811. [Penalty for Personal Interest in Contracts.--

Except as otherwise provided in this act, no township official,

either elected or appointed, who knows or who by the exercise of

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reasonable diligence could know, shall be interested to any

appreciable degree, either directly or indirectly, in any

contract for the sale or furnishing of any supplies or materials

for the use of the township or for any work to be done for such

township involving the expenditure by the township of more than

three hundred dollars in any year, but this limitation shall not

apply to cases where such officer or appointee of the township

is an employe of the person, firm or corporation to which the

money is to be paid in a capacity with no possible influence on

the transaction and in which he cannot be possibly benefited

thereby, either financially or otherwise. But in the case of a

commissioner, if he knows that he is within the exception just

mentioned, he shall so inform the commissioners and shall

refrain from voting on the expenditure or any ordinance relating

thereto and shall in no manner participate therein. Any official

or appointee who shall knowingly violate the provisions of this

section shall be subject to surcharge to the extent of the

damage shown to be thereby sustained by the township, to ouster

from office, and shall be guilty of a misdemeanor, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding five hundred dollars.] Personal Interest in Contracts

and Purchases.--Elected and appointed township officials and

township employees are restricted from an interest in township

contracts and purchases to the extent provided in 65 Pa.C.S. Ch.

11 (relating to ethics standards and financial disclosure).

Section 69. Subdivision (a) heading of Article XIX of the

act is repealed:

[(a) General Provisions Relating to Eminent Domain]

Section 70. Sections 1901 and 1902 of the act are amended to

read:

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Section 1901. Exercise of Eminent Domain.--[In the laying

out, opening, widening, extending, vacating, grading or changing

the grades or lines of streets or highways, the construction of

bridges and the piers and abutments therefor, the construction

of slopes, embankments and sewers, including storm water drains,

the erection and extension of waterworks, wharves and docks,

public buildings, public works, lands and places for the

disposal of ashes and other refuse materials, garbage treatment

works and libraries, the establishing of parks, playgrounds and

recreation places, the changing of watercourses, and for all

other purposes authorized by this act, a township of the first

class may enter upon, appropriate, injure or destroy private

lands, property and material.] (a) A township may acquire

property by eminent domain, including entering upon,

appropriating, taking, using and occupying private lands and

property for any of the following public purposes:

(1) The laying out, opening, widening, extending, vacating,

grading or changing the grades or lines of streets or highways.

(2) The construction of bridges and the piers and abutments

for bridges.

(3) The construction of slopes, embankments and storm water

sewers and storm water facilities, the changing of watercourses,

and the construction of sanitary sewer mains, drains or

treatment works.

(4) The erection and extension of water systems, wharves and

docks, public buildings, public works or land for a public works

related function, municipal waste processing and disposal

facilities, including municipal waste landfills, libraries, and

the establishing of parks, playgrounds and recreation places.

(5) For all other purposes authorized by this act.

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(b) Eminent domain proceedings shall be subject to and

conform with the provisions of 26 Pa.C.S. (relating to eminent

domain).

Section 1902. Restrictions As to Certain Property.--(a) In

addition to the restrictions made by other provisions of this

act in particular cases or by any other provision of law, no

township shall exercise the right of eminent domain [as against

land now occupied by any building which was used during the

Colonial or Revolutionary period as a place of Assembly by the

Council of the Colony of Pennsylvania, the Supreme Executive

Council of the Commonwealth of Pennsylvania, or the Congress of

the United States; or as against the land occupied by any fort,

redoubt, or blockhouse, erected during the Colonial or

Revolutionary period, or any building used as headquarters by

the Commander-in-Chief of the Continental Army; or as against

the site of any building, fort, redoubt, blockhouse, or

headquarters which are preserved for their historic associations

and not for private profit. The Colonial and Revolutionary

period shall be taken as ended on the third day of September,

one thousand seven hundred and eighty-three.] against:

(1) land now occupied by any building that was used during

the Colonial or Revolutionary period as a place of Assembly by

the Council of the Colony of Pennsylvania, the Supreme Executive

Council of the Commonwealth of Pennsylvania, or the Congress of

the United States;

(2) the land occupied by any fort, redoubt, or blockhouse

erected during the Colonial or Revolutionary period or any

building used as headquarters by the Commander-in-Chief of the

Continental Army; or

(3) the site of any building, fort, redoubt, blockhouse, or

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headquarters that is preserved for the site's historic

associations and not for private profit.

(b) For the purposes of subsection (a), the Colonial and

Revolutionary period shall be deemed to have ended on September

3, 1783.

Section 71. The act is amended by adding a section to read:

Section 1902.1. Declaration of Intention.--A township shall

declare its intention to acquire, enter upon, take, use and

appropriate any private property or land for any of the purposes

authorized by this act by ordinance or resolution.

Section 72. Sections 1906 and 1917 of the act are amended to

read:

Section 1906. Value of Land or Property Not to Be Assessed

as Benefits; Exceptions.--In [all cases of] the appropriation of

land or property for public use, other than for streets, it

shall not be lawful to assess any portion of the damage done to

or value of the appropriated land or property [so appropriated]

against the other property adjoining or in the vicinity of the

appropriated land or property [so appropriated].

Section 1917. Title Acquired.--[In all cases where land or

property is acquired in eminent domain proceedings other than

for street or highway purposes, or is acquired by gift, purchase

or otherwise, the title obtained by the township shall be in fee

simple: Provided, That in particular instances a different title

may by agreement be acquired.] Except as otherwise provided by

law, if land or other real or personal property is acquired by a

township in eminent domain proceedings other than for street or

highway or easement purposes, or is acquired by gift, purchase

or otherwise, the title obtained by the township shall be in fee

simple absolute or like absolute ownership unless the parties

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agree otherwise in writing and the agreement expressly appears

in a recorded deed affecting any real property acquired by the

township or in the notice of condemnation.

Section 73. Subdivision (b) of Article XIX and Subdivision

(a) heading of Article XX of the act are repealed:

[(b) Procedure for the Exercise of Eminent Domain and for

the Assessment of Damages and Benefits

Section 1924. Assessment of Damages and Benefits.--The

damages may be paid in whole or in part by the township, or may

be assessed in whole or in part upon the land or property

benefited. In the latter case, the viewers, having first

determined the damages apart from the benefits, shall assess the

total cost of the improvement, or so much thereof as may be just

and reasonable, upon the lands or properties peculiarly

benefited, including in the assessment all parties for which

damages have been allowed, and shall report the same to the

court. The total assessments for benefits shall not exceed the

total damages awarded or agreed upon.

Section 1925. Assessment Awards.--In proceedings to assess

damages and benefits, if the land or property is both benefited

and damaged by such improvements, the excess of damages over

benefits, or the excess of benefits over damages, or nothing in

case the benefits and damages are equal, shall be awarded to or

assessed against the several owners of the land or property

affected thereby.

Section 1952. Assessments to Bear Interest.--All assessments

for benefits, costs, and expenses shall bear interest at six per

centum per annum from the expiration of thirty days after they

shall have been finally ascertained, and shall be payable to the

treasurer of the township.

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(a) Plans of Streets and Highways]

Section 74. The act is amended by adding sections to read:

Section 2002. Definitions.--The following words and phrases

when used in this article shall have the meanings given to them

in this section unless the context clearly indicates otherwise:

"Improving a street" or "improvement." The term includes

work on a street or portion thereof done or proposed to be done

in order to open the street if the street has not previously

been opened or, if previously opened, to make the street more

usable or more suitable for use by the traveling public or safer

for use. The term includes, but is not limited to, grading,

paving, and curbing. The term shall not include maintenance or

repaving.

"Laying out." The term includes the plotting of:

(1) An unopened street or portion of the street on a

township plan or official map adopted in accordance with the act

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

Municipalities Planning Code, on a subdivision or land

development plan or by the enactment of an ordinance adopted in

accordance with this article.

(2) An unopened street in a case where any of the lines of

the street are proposed to be revised or in a case where the

street was never previously laid out although the street may

have been opened and used.

"Opened streets." The term includes the streets within the

township used as public passageways.

"Opening a street." The term includes the construction and

grading of a street or portion thereof and the act of physically

taking possession of an area or laid-out street for the purpose

of making the same usable to the traveling public.

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"Portion." The term includes a portion either of the width

or length of a street. Opening a portion of a street may mean

extending or widening a street, and vacating a portion of a

street may mean closing or narrowing a street.

"Street." The term includes a street, road, lane, alley,

court or public square, either for or intended for public use

and shall include the cartway, sidewalk, gutter, curb or the

right-of-way area, whether or not the street, or any portion of

the street, is owned in fee by others than the township. Streets

are of two classes, opened and unopened.

"Unopened streets." The term includes the streets within the

township neither used as a public passageway nor accepted or

maintained, but plotted in one of the following:

(1) a township plan or official map adopted in accordance

with the Pennsylvania Municipalities Planning Code;

(2) an ordinance laying out the street in accordance with

this article;

(3) a subdivision or land development plan; or

(4) an individual deed.

Section 2003. Township Street Plan.--(a) A township that

has not maintained an accurate plan of township streets adopted

in accordance with this article prior to the effective date of

this section may only adopt a plan of streets under the act of

July 31, 1968 (P.L.805, No.247).

(b) If a township maintains a plan of streets adopted prior

to the effective date of this section, or maintains an official

map containing opened and unopened streets, a street laid out in

accordance with this article by ordinance or by final approval

of a subdivision or land development plan must be deemed an

amendment to the plan. Notwithstanding any other provision of

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law, a deemed amendment as provided in this section and a

subsequent placement of the street on a plan may not be subject

to public notice or public hearing if the street has been laid

out in accordance with the requirements of this article.

shall not be required in order for a township to lay out streets

in accordance with section 2005 and section 2007.

Section 2004. Certain Streets Declared Public Streets.--(a)

Every street which has been used for public travel and

maintained and kept in repair continuously by the township for a

period of at least twenty-one years, pursuant to authorization

by the board of commissioners, is a public street having a

right-of-way of not less than twenty-four feet, even though

there is no public record of the laying out or dedication for

public use of the street.

(b) In any proceeding pursuant to this section, any relevant

oral or documentary evidence of public travel or maintenance and

repairs by the township shall, if presented, be considered,

including, but not limited to:

(1) Maps or surveys which are either generated by any

governmental unit or are created pursuant to any judicial

proceeding of the courts of this Commonwealth.

(2) Evidence concerning the distribution of government funds

to the township pursuant to the act of June 1, 1956 (1955

P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal

Allocation Law.

(3) Approved subdivision plans, deeds or other documents

containing a designation of the street as either a township

street or otherwise.

(4) Evidence that the street is an extension from a public

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street or public cul-de-sac or a throughway between other

municipal or State streets or provides the only access to a

municipal boundary line.

(5) Court orders, decisions, findings of fact or other

matters of judicial record relating to public or private rights

in the street.

(1) The frequency of use of a street may be considered

relevant in any proceeding pursuant to this section, but, in the

absence of additional findings on the purpose of such use, shall

not alone be sufficient to establish that the street has been

used for public travel.

(2) The condition or sufficiency of the street surface for

public travel may be considered relevant in any proceeding

pursuant to this section, but, absent additional findings of

actual public maintenance and repair, shall not alone be

sufficient to establish maintenance and repair by the township.

(d) Nothing in this section shall be construed as affecting

the weight or persuasiveness of any evidence presented in

accordance with subsection (b) or the relevance of any evidence

presented except as otherwise provided in this section.

(e) In any proceeding in which this section is relied upon

to allege the existence of a public street, the proponent of the

public status of the street shall present evidence first, and

the burden shall then shift to the opponent to present evidence

to refute the public status of the street.

Section 75. Subdivision (b) heading of Article XX is

repealed:

[(b) Laying Out, Opening, Widening, Straightening,

Vacating and Relaying Streets, Highways,

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Et Cetera; Repairs and Detours]

Section 76. Sections 2005, 2006 and 2007 of the act are

amended to read:

Section 2005. Power to Lay Out, Open, [Widen, Vacate, Et

Cetera.--(a) The board of township commissioners may enact,

ordain, survey, lay out, open, widen, straighten, vacate, and

relay all streets, and parts thereof, which are wholly within

the township, upon the petition of a majority in interest of the

owners of property or properties through whose land such street

passes, or upon whose land it abuts, or without petition of the

owners of abutting property if, in the judgment of the board of

commissioners, it is necessary for the public convenience; and

the authority to open, widen and straighten highways with the

approval of the Secretary of Transportation. Such power shall

include authority to vacate in whole or in part streets laid out

by the Commonwealth where the same have remained unopened for a

period of thirty years; and also the authority to lay out and

open a street which will be a continuation or extension of a

street already open by an adjacent city, borough, or township.

(b) For the purposes of subsection (a) "street" shall mean

and include any street as defined by section 102, either for or

intended for public use and shall include the cartway, sidewalk,

gutter or the right-of-way area, whether or not such street, or

any part thereof, is owned in fee by others than the township.]

Vacate and Alter Streets.--With regard to any street or portion

of a street within township limits, a township may, with or

without petition of abutting property owners, do any of the

following:

(1) Lay out, open, widen, straighten, alter, extend,

relocate and improve.

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(2) Establish or reestablish the grades.

(3) Keep in order and repair and in safe passable condition.

(4) Vacate and discontinue when deemed expedient for the

public good.

(5) With the approval of the Department of Transportation,

vacate highways laid out by the Commonwealth within the township

limits which have remained unopened for thirty years.

Section 2006. [Burial Grounds, Et Cetera, Saved]

Prohibition.--No street shall be laid out and opened through any

burial ground or cemetery, nor through any grounds occupied by a

building used as a place for public worship, or as a public or

parochial school or educational or charitable institution or

seminary, unless the consent of the owner [or corporation or

person controlling] of the premises is first secured.

Section 2007. [Notice of Hearing.--The board of

commissioners shall give ten days' notice to the property owners

affected thereby of the time and place when and where all

parties interested may meet and be heard. Witnesses may be

summoned and examined by the board of commissioners and by the

parties interested at such meeting or any adjournment thereof.]

Procedures for Laying Out, Opening, Changing, Improving or

Vacating Streets.--(a) Before the enactment of any ordinance

for the laying out, opening, widening, straightening, extending,

altering, improving, relocating, vacating of any street or

highway or portion of any street or highway, the board of

commissioners shall give ten days' written notice to the owners

of property adjacent to the street or highway or portions of the

street or highway affected thereby of the time and place set for

a hearing on the proposed matter. Witnesses may be summoned and

examined by the board of commissioners and by the parties

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interested at the hearing.

(b) After the hearing and a consideration of the matter

under subsection (a), if the board of commissioners votes in

favor of exercising the power so conferred, the board shall make

written report, together with a draft or survey of the street or

highway, which shall include:

(1) the width of the street or highway;

(2) the improvements along the street or highway; and

(3) the names of the owners of property which the street or

highway shall pass through or abut.

deeds office of the county.

(d) Any resident or property owner affected by the report

may, within thirty days after the filing of the report of the

board of commissioners, upon entering in the court sufficient

surety to indemnify the board of commissioners for all costs

incurred in the proceedings, file exceptions to the report,

together with a petition for a review.

(e) The following shall apply after the expiration of the

term allowed for filing exceptions or upon an order of the court

upon disposition of any exceptions:

(1) If the board of commissioners desires to lay out, open,

widen, straighten, alter, extend, improve, relocate or vacate

the street or highway or portion thereof, the board of

commissioners shall enact an ordinance for the same.

(2) The court of common pleas, on application by petition by

the board of commissioners or any person interested, shall

appoint three viewers from the county board of viewers to assess

the damages and benefits occasioned by the proceeding unless the

damages and benefits are otherwise agreed upon.

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Section 77. Sections 2008, 2009, 2010 and 2011 of the act

are repealed:

[Section 2008. Draft; Report.--After such hearing and a

consideration of the matter, should the board of commissioners,

or a majority thereof, decide in favor of exercising the power

so conferred, they shall make written report, together with a

draft or survey of the street or highway, fixing the width

thereof and noting the improvements along the line thereof, and

the names of the owners of property through which the same shall

pass or whereon it shall abut. Such report and draft shall be

filed in the office of the clerk of the court of quarter

sessions.

Section 2009. Exceptions to Report.--Any citizen or

freeholder of the township may, within thirty days after the

filing of the report of the board of commissioners, upon

entering in the court sufficient surety to indemnify the board

for all costs incurred in the proceedings, file exceptions to

the report, together with a petition for a review.

Section 2010. Appointment of Viewers.--Upon favorable action

on such matter by the board of commissioners, and after the

expiration of the term allowed for filing exceptions, or upon

the order of the court upon the disposition of any exceptions,

if in either case the compensation for the damages or benefits

accruing therefrom have not been agreed upon, the court of

common pleas, or any law judge thereof in vacation, on

application by petition by the board of commissioners or any

person interested, shall appoint three viewers, from the county

board of viewers, to assess the damages and benefits occasioned

by the proceeding in the manner provided by this act for such

proceedings.

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Section 2011. Notices to Be Posted Along Improvement.--After

the passage or approval of any ordinance by the board of

commissioners, for the opening, widening, straightening,

extending, or vacating any street or highway, notice shall,

within ten days thereafter, be given by handbills posted in

conspicuous places along the line of the proposed improvement.

Such notice shall state the fact of the passage or approval of

the ordinance, and the date of the passage or approval.]

Section 78. The act is amended by adding sections to read:

Section 2011.1. Petition for Opening, Etc.--(a) A petition

may be presented to the board of commissioners for the opening,

widening, straightening, extending, altering, improving,

relocating, vacating or establishing or reestablishing the grade

of any street.

(b) A petition made pursuant to this section must be:

(1) Signed by a majority, in number and interest, of the

owners of property abutting on the line of the proposed

improvement or vacation as fixed at the time of presentation of

the petition.

(2) Verified by affidavit of one or more of the petitioners.

(3) Accompanied by payment of reasonable and necessary fees

established by resolution in a form acceptable to the township.

Fees may include those reasonable and necessary costs and

expenses anticipated to be incurred by the township in

responding to the petition, such as advertising, engineering,

hearing, legal and similar costs.

interests in any piece of property shall be deemed as one person

for the purposes of the petition.

Section 2011.2. Notice of Petition.--(a) After a petition

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has been presented in accordance with section 2011.1 and the

board of commissioners has determined the adequacy of the

petition, but before final enactment of any ordinance enacted

pursuant to the petition, notice shall be published once in a

newspaper of general circulation pursuant to section 110, and

handbills shall be posted in conspicuous places along the line

of the proposed improvement.

(b) The notice and handbills shall include the following:

(1) Statement that the petition for the improvement was

signed by a majority, in interest and number, of the owners of

property abutting the line of the proposed improvement.

(2) Any person interested may provide comments at a public

hearing to be held at a date, time and place as stated in the

published notice and handbills.

determines to proceed with the consideration of an ordinance

pursuant to the petition, it shall publish notice of the

proposed ordinance and incorporate reference to any maps or

drawing in accordance with Article XXXIII-A.

Section 79. Sections 2012, 2013 and 2014 of the act are

amended to read:

Section 2012. Width of [Public Roads.--The width of a street

in townships shall not be less than thirty-three feet or more

than one hundred and twenty feet, unless, in any particular

case, the township commissioners shall determine that a street

of lesser width will be sufficient for public use and travel;

but in no case shall any public street be less than twenty-four

feet in width: Provided, That the limits of width shall not be

construed to include the width required for necessary slopes in

cuts or fills, when the limits of the street and the extra width

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required for such slopes exceed the limits of width herein

specified.] Public Streets.--(a) The width of a street in

townships shall not be less than twenty-four feet nor more than

one hundred and twenty feet. The minimum required width shall be

in addition to any width required for necessary slopes in cuts

or fills.

(b) The width of an alley shall be subject to the discretion

of the board of commissioners.

Section 2013. Opening and Repairing [Roads.--Streets laid

out by lawful authority in townships shall, as soon as may be]

Streets.--(a) Laid out public streets in townships shall, as

soon as practicable, be effectually opened and constantly kept

in repair. All streets shall, at all seasons, be kept reasonably

clear of all impediments to easy and convenient traveling, at

the expense of the township.

[Whenever proceedings have been heretofore or may hereafter

be begun for the opening and laying out of any street in any

township, such street shall be physically opened upon the ground

for use by the public within the period of five years next after

the completion of such proceedings, and if not so opened, then

such proceedings shall be deemed to be void and of no effect,

and the land proposed to be taken shall revert to the owners of

the land, as in the case of the vacation of a street, free of

any easement or right of the public to use the same.]

(b) When proceedings have been initiated under this act for

the opening and laying out of any public street in any township,

the street shall be physically opened for use by the public

within a period of five years after the completion of the

proceedings. If the street is not opened or if no proceedings

have been commenced to compel the opening in five years, then

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the proceedings are void and the land proposed to be taken shall

revert to the owners of the land free of any easement or right

of the public to use the land.

Section 2014. [Detours.--Except in the case of emergencies

wherein the safety of the public would be endangered, no street

in any township shall be closed to vehicular traffic, except

upon order of the township commissioners, nor for a longer

period than is necessary for the purpose for which such order is

issued: Provided, however, That no street shall be closed to

vehicular traffic when the same has been designated as a detour

by the State Department of Highways, unless the written consent

of the Department of Highways has first been obtained, or unless

the township commissioners shall, by resolution duly recorded on

their minutes, declare such closing necessary for the protection

of the public safety.

When any street shall be closed, as hereinbefore provided, it

shall be the duty of the township commissioners authorizing the

closing to immediately designate or lay out a detour, on which

they shall erect or cause to be erected and maintained while

such detour is in use, legible direction signs at each public

road intersection throughout its entire length. During the

period when such detour is in use, it shall be the duty of the

township commissioners to maintain such detour in safe and

passable condition, except in the case of State or county

highways. It shall also be the duty of the authorities

maintaining the detour to immediately remove all detour signs

when the street originally closed is opened for traffic. Except

in the case of State or county highways, the commissioners

shall, as soon as possible, repair the street designated as a

detour, and place same in a condition at least equal to its

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condition when designated as a detour. Whenever necessary in the

creation of a detour, as aforesaid, the township commissioners

responsible for laying out the detour] Street Closings and

Detours.--(a) The following shall apply to the closing of a

street to vehicular traffic:

(1) No street shall be closed to vehicular traffic, except

upon order of the board of commissioners or, in cases of

emergency, when immediate action is necessary to protect public

safety, by order of the police, an authorized fire official or

other authorized public employee.

(2) A street may not remain closed for a longer period than

is necessary for the purpose for which the order to close was

issued.

(3) Except in cases of emergency, when immediate action is

necessary to protect public safety, no street shall be closed to

vehicular traffic when the street has been designated as a

detour by the Department of Transportation, unless the Secretary

of Transportation has provided written consent or the board of

commissioners has, by resolution duly recorded on its minutes,

declared the closing necessary for the safety of the public.

(4) When any street which forms a part or section of a State

highway or has been designated as a detour by the Department of

Transportation is closed to vehicular traffic, the township

shall at once notify the Department of Transportation of the

creation of a detour under this section. The Department of

Transportation shall be notified immediately after the detour is

removed.

(5) When any street is to be closed, it shall be the duty of

the board of commissioners or official authorizing the closing

to immediately designate or lay out a detour.

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(6) While the detour is in use, legible signs shall be

erected and maintained at reasonable intervals indicating the

proper direction and the detour shall be maintained in a safe

and passable condition, except in the case of State or county

highways.

(7) When the street that had been closed is opened for

traffic, all detour signs shall be removed.

(8) Except in the case of State or county highways, the

board of commissioners shall, as soon as possible, repair the

street designated as a detour and place the street in a

condition at least equal to its condition when designated as a

detour.

(b) The board of commissioners may enter into agreement with

the owners of private lands, covering the acquisition of right

of way privileges for a detour over private property for the

period when the street shall be closed to traffic. If the

parties cannot reach an agreement, the township may proceed with

the construction of the detour with the owner of the property

taken for the detour entitled to seek damages, if any, in the

same manner as damages are now ascertained for the opening of

streets in the township.

section[, the township commissioners responsible are hereby]

relating to detours, the board of commissioners is empowered to

pay for the necessary maintenance, subsequent repair, and land

rental out of [such funds as are] the money available for the

construction and maintenance of [the streets in their charge.

Any person who shall wilfully remove, deface, destroy, or

disregard any barricade, light, danger sign, detour sign, or

warning of any other character whatsoever, erected or placed

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under authority of this section, or who shall drive on, over or

across any street which has been properly closed, shall upon

conviction thereof in a summary proceeding before a justice of

the peace, be sentenced to pay a fine of not more than one

hundred dollars, and the costs of prosecution, and, in default

of the payment thereof, shall be imprisoned one day for each

dollar of fine and costs unpaid: Provided, however, That persons

who have no outlet due to the closing of a street may drive on,

over or across such street, with the consent in writing of, and

subject to such conditions as may be prescribed by, the township

commissioners responsible for the closing, or their agents or

contractors, without being subject to the penalties imposed by

this section.

In addition to the penalties herein provided, the township

commissioners responsible for the maintenance of a street which

has been closed to vehicular traffic, or their agents or

contractors, may, in an action at law, recover damages from any

person or persons who have damaged a street by driving on, over

or across the same when it is closed to vehicular traffic in

accordance with the provisions of this act.

All fines and moneys collected under the provisions of this

section shall be paid by the officer receiving the same to the

treasurer of the township in which the offense was committed.

The commissioners of any township may temporarily close any

street when, in their opinion, excessive or unusual conditions

have rendered such street unfit or unsafe for travel, and

immediate repair, because of the time of year or other

conditions, is impracticable. The street or portion thereof so

closed shall be properly marked at its extremities, and a means

of passage for the customary users of such road shall, whenever

20190HB2073PN2927 - 298 -

possible, be provided.

Anyone using such street or portion thereof after the same

has been properly closed and marked, without a permit from the

commissioners, shall be subject to a penalty of not more than

one hundred dollars, to be recovered in a summary proceeding.

The penalties so recovered shall be payable to the treasurer of

the township wherein the offense was committed.] township

streets.

(d) Any person who willfully removes, defaces, destroys or

disregards any barricade, light, danger sign, detour sign, or

warning of any other type legally erected or placed or who

drives on, over or across any street which has been closed by

proper authority commits a summary offense punishable upon

conviction in accordance with section 3321-A.

(e) A person who has no outlet due to the closing of a

street may drive on, over or across the street, subject to

reasonable conditions as may be prescribed by the township

without being subject to the penalties imposed by this section.

(f) In addition to the penalties provided in subsection (d),

the township or the township's agents or contractors, may, in an

action at law, recover damages, including costs of labor,

materials and prosecution from any person who damages a street

when it is closed to vehicular traffic.

(g) All money collected under the provisions of this section

shall be paid over to the township treasurer.

(h) The board of commissioners may temporarily close any

street when it determines that excessive or unusual conditions

have rendered the street unfit or unsafe for travel, and

immediate repair, because of the time of year or other

conditions, is impracticable. The street or portion of the

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street closed shall be properly marked at the street's

extremities and a means of passage for the customary users of

the street shall, whenever possible, be provided.

Section 80. Section 2015 of the act is repealed:

[Section 2015. Laying out Roads under the General Road

Law.--All roads partly within townships of the first class,

where one of the termini of such roads is without the township,

shall be laid out, widened, changed, or vacated only by the

courts of quarter sessions, as heretofore, in the manner

provided by the general road law and the amendments, additions,

and supplements thereto. But no such road shall be opened,

changed, widened, altered, or vacated unless and until the board

of commissioners of the township shall have passed a resolution

consenting and approving thereto, and shall have filed, with the

clerk of said court, a copy of such resolution, duly certified

by the township secretary. All damages and benefits occasioned

by such laying out and the subsequent opening thereof, or by any

such widening, changing, or vacation, shall be assessed,

collected, and paid in the manner provided by the general road

law and the amendments, additions, and supplements thereto:

Provided, That all damages occasioned by such laying out, and

the opening thereof, or by the widening, changing, or vacating

of all roads within townships of the first class shall be

assessed, collected, and paid by such townships of the first

class.]

Section 81. The act is amended by adding a section to read:

Section 2016. Street Connecting with Street of Another

Municipal Corporation.--(a) All streets partly within a

township of the first class shall be laid out, opened, widened,

straightened, altered, extended, vacated, improved, relocated or

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have grades established or reestablished pursuant to this

article to the extent the street or portion of the street is

within the township.

(b) (1) The procedures applicable to any portion of the

street outside the township shall be pursuant to the code

applicable to the classification of the other municipal

corporation with which the street is shared.

(2) Notwithstanding paragraph (1), no action may be taken

under this article that would result in the change of location

or grade or the vacation of a street or portion of the street

that connects with a street of another municipal corporation

without approval of the court of common pleas of the county in

which the other municipal corporation is located, unless the

municipal corporation first files with the township secretary

the municipal corporation's approval of the proposed action.

Section 82. Subdivision (c) heading of Article XX and

section 2019 are repealed:

[(c) Dedicated Streets and Drainage Facilities

Section 2019. Scope of Subdivison.--The provisions of this

subdivision (c) of this article shall only apply in case a

township shall fail to adopt and enforce land subdivision

regulations as provided in Article XXX-A of this act and to

situations not covered by such regulations.]

Section 83. Section 2020 of the act is amended to read:

Section 2020. [Plans of Dedicated Streets.--The

commissioners of any township may accept in the name of the

township any land dedicated by deed to the township to be used

in any manner for road purposes. No person shall construct,

open, or dedicate any street, or any drainage facilities in

connection therewith, for public use or travel in any township,

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without first submitting plans thereof to the township

commissioners for their approval. Such plans shall be prepared

in duplicate in accordance with such rules and regulations as

may be prescribed by the commissioners, and shall show the

profiles of such streets, the course, structure, and capacity of

any drainage facilities, and the method of drainage of the

adjacent or contiguous territory, and also any other or further

details, that may be required under the rules and regulations

adopted by the township commissioners. Before acting upon any

such plans, the commissioners may, in their discretion, arrange

for a public hearing, after giving such notice as they may deem

desirable in each case. The township commissioners are

authorized to alter such plans, or order the same to be altered,

and to specify any changes or modifications of any kind which

they, in their discretion, may deem necessary with respect

thereto, and may make their approval of such plans subject to

any such alterations, changes or modifications, but no plans

shall be approved until there is a solicitor's report as to

municipal liens. Any plans when so approved shall be signed, in

duplicate, on behalf of the township by such officer as the

commissioners may designate, and an approved duplicate copy

shall be filed in the township engineer's office or other proper

office, where the same shall be available to public inspection.

No street, or any drainage facilities in connection therewith,

shall be opened, constructed, or dedicated for public use or

travel, except in strict accordance with plans so approved by

the commissioners, or with further plans subsequently approved

by them in the same manner, nor until such plan, and the

approval thereof, has been recorded as hereinafter provided.]

Acceptance of Land for Street Purposes.--(a) The board of

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commissioners may, by ordinance or resolution, accept in the

name of the township any land dedicated by deed to the township

to be used in any manner for street purposes.

(b) No person shall construct, open, or dedicate any street

or any drainage facilities in connection with the street for

public use or travel in any township without first submitting

plans to the board of commissioners for their approval. The

plans shall be prepared in accordance with rules and regulations

as may be prescribed by the commissioners and shall show the

profiles of the streets, the course, structure, and capacity of

any drainage facilities and the method of drainage of the

adjacent or contiguous territory and any other details required

under the rules and regulations adopted by the board of

commissioners.

Pennsylvania Municipalities Planning Code, shall apply to the

construction, security requirements and dedication of streets

and connected drainage facilities if the streets proposed to be

constructed are part of a plan required by an ordinance adopted

under the Pennsylvania Municipalities Planning Code.

(d) (1) Before acting upon plans not subject to review

under subsection (c), the board of commissioners may, in the

board's discretion, arrange for a public hearing, after giving

notice as they may deem desirable in each case. The board of

commissioners may alter the plans and specify changes or

modifications of any kind and may make its approval of the plans

subject to alterations, changes or modifications. Plans, when so

approved, shall be signed on behalf of the township by an

officer as the commissioners may designate, and an approved copy

shall be filed in the township engineer's office or other proper

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office, where the same shall be available to public inspection.

(2) No street or any drainage facilities in connection with

the street shall be opened, constructed, or dedicated for public

use or travel except in compliance with plans approved by the

board of commissioners and until the approved plan is recorded

as required in this article.

(e) If the board of commissioners refuses to approve any

plans submitted to the board under this section, any person

aggrieved by the action of the board of commissioners may within

thirty days after the action appeal from the action by petition

to the court of common pleas and the court shall hear the matter

de novo. The following shall apply:

(1) After a hearing, the court may enter a decree affirming,

reversing or modifying the action of the board of commissioners

as may appear just.

(2) The court shall designate the manner in which notices of

the hearing of any appeal shall be given to all parties

interested.

(3) The decision of the court shall be final.

(4) A plan approved by the action of the board of

commissioners or by the court on appeal shall be recorded by the

person applying for approval in the office of the recorder of

deeds of the county.

(f) If any street or any drainage facilities in connection

with a street is opened, constructed or dedicated for public use

or travel, except in compliance with plans approved and

recorded, neither the board of commissioners nor any public

authority shall be required to place, construct or operate any

sewer, drain, water pipe or other facilities or do any work of

any kind in or upon the street. Neither the board of

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commissioners nor any other public authority shall have any

responsibility of any kind with respect to the street or

drainage facilities even if the street or drainage facilities

are in use by the public, unless the street or drainage

facilities is accepted by ordinance or by deed of dedication.

Nothing in this act shall prevent the laying of trunk sewers,

drains or water or gas mains if required by engineering

necessity for the accommodation of other territory.

(g) If a person opens a street or drainage facility in

connection with the street without submitting and obtaining

approval of plans as provided in this section, and if the board

of commissioners shall have no information that the street or

drainage facility is intended for public use or travel, the

board of commissioners may, in their discretion, file with the

recorder of deeds of the county a certificate containing a

description of the land served by the street or drainage

facility in connection with the street. The board of

commissioners shall include a statement that, as the board of

commissioners have not approved the plans, neither the board of

commissioners nor any other public authority shall have any

responsibility to furnish any facilities or services with

respect to the land or have any responsibility of any kind with

respect to the street or drainage facility. The owner of the

land shall be designated and indexed as grantor in the records

of the office of the recorder of deeds, and the township shall

be designated and indexed as grantee. It shall not be necessary

for the certificate to be executed by any party other than the

board of commissioners filing the same.

(h) The following shall apply:

(1) Nothing in this section shall be deemed to prevent the

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board of commissioners from enforcing the provisions of this act

in which any street or any drainage facility in connection with

the street is intended for public use or travel.

(2) If a township fails to file a certificate under

subsection (g), nothing in this section shall be interpreted to

create a deemed approval of the plans nor create any

responsibility of the township with respect to the land, street

or drainage facility.

(i) Any person who constructs, opens or dedicates any street

or drainage facilities for public use or travel in any township

without having first complied with the provisions of this

section and of any ordinances or resolutions of the board of

commissioners commits a misdemeanor of the third degree and is

subject to suit for all costs and damages incurred by the

township or property owners in the course of correcting

substantive violations of State or municipal law or regulations

resulting from or arising out of the unlawfully constructed

street or facility. All money recovered shall be paid to the

township treasurer.

(j) No approval of plans by the board of commissioners shall

obligate or require the township to construct, reconstruct,

maintain, repair or grade the streets.

Section 84. Sections 2021, 2022, 2023, 2024 and 2025 of the

act are repealed:

[Section 2021. Appeals where Commissioners Refuse

Approval.--In any case where the township commissioners shall

refuse to approve any plans submitted to them in accordance with

this act, any person aggrieved by the action of the

commissioners may, within thirty days after such action, appeal

therefrom by petition to the court of quarter sessions of the

20190HB2073PN2927 - 306 -

county, which court shall hear the matter de novo, and, after

hearing, may enter a decree affirming, reversing, or modifying

the action of the commissioners as may appear just in the

premises. The court shall designate the manner in which notices

of the hearing of any such appeal shall be given to all parties

interested. The decision of the court shall be final.

The action of the township commissioners, or of the court on

appeal, in approving any such plans, and an approved duplicate

copy of such plans, shall be recorded by the person applying for

such approval in the office of the recorder of deeds of the

county.

Section 2022. No Responsibility on Township Where Plans Not

Approved.--If any street, or any drainage facilities in

connection therewith, shall be opened, constructed, or dedicated

for public use or travel, except in strict accordance with plans

approved, and recorded as herein provided, neither the township

commissioners nor any public authorities shall place, construct,

or operate any sewer, drain, water pipe, or other facilities, or

do any work of any kind, in or upon such street; and neither the

township commissioners, nor any other public authorities, shall

have any responsibility of any kind with respect to any such

street, or drainage facilities, notwithstanding any use of the

same by the public, unless such street, or drainage facilities,

is accepted by ordinance, or by deed of dedication: Provided,

however, That nothing herein contained shall prevent the laying

of trunk sewers, drains, water or gas mains, if required by

engineering necessity for the accommodation of other territory.

If any person shall open any street, or any drainage facility,

in connection therewith, without submitting and obtaining

approval of plans, as approved in section two thousand twenty of

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this act, and if the township commissioners shall have no

information that such street, or drainage facility, in

connection therewith, shall be intended for public use, or

travel, the township commissioners may, in their discretion,

file with the recorder of deeds of the county, a certificate

containing a description of the land served by such street, or

drainage facility, in connection therewith and a statement that,

as the township commissioners have not approved such plans,

neither the township commissioners nor any other public

authority shall have any responsibility to furnish any

facilities, or services, with respect to such land; or any

responsibility of any kind with respect to such street, or

drainage facility, in connection therewith. The owner of such

land shall be designated and indexed as grantor in the records

of the office of the recorder of deeds, and the township shall

be designated and indexed as grantee therein. It shall not be

necessary for such certificate to be executed by any other party

than the township commissioners filing the same. Nothing herein

contained shall be deemed to prevent the township commissioners

from enforcing the provisions of this act in any case in which

any such street, or any drainage facility, in connection

therewith, is intended for public use, or travel.

Section 2023. Entry of Lands.--The township commissioners

and their representatives and workmen may enter upon any land

and property, and maintain marks and monuments, so far as the

commissioners deem necessary in carrying out their powers and

duties of this subdivision.

Section 2024. Penalty.--Any person, copartnership, or

corporation who or which shall construct, open, or dedicate any

street, or any drainage facilities in connection therewith, for

20190HB2073PN2927 - 308 -

public use or travel in any township, without having first

complied with the provisions of this subdivision, and of any

ordinances or resolutions of the township commissioners adopted

pursuant hereto, shall be guilty of a misdemeanor, and, upon

conviction thereof, such person or the members of such

copartnership or the officers of such corporation responsible

for such violation shall be sentenced to suffer imprisonment not

exceeding two years, or pay a fine not exceeding one thousand

dollars, or both, in the discretion of the court.

Section 2025. Powers of State and Counties Preserved.--

Nothing contained in this subdivision shall be held to restrict

or limit the State Department of Highways or any county in the

exercise of any of its duties, powers, and functions under the

provisions of any act of Assembly now in force or hereafter to

be enacted.]

Section 85. The act is amended by adding sections to read:

Section 2025.1. Powers of State and Counties Preserved.--

Nothing contained in this article shall be held to restrict or

limit the Department of Transportation or any county in the

exercise of any of its duties, powers, and functions under the

provisions of any State law.

Section 2026. Exclusive Nature of Provisions.--No street may

be dedicated, accepted, acquired, laid out, opened or vacated by

a township except under this article.

Section 2027. Failure of Board of Commissioners to Hold

Hearing.--If, after the filing of a petition under this article,

the board of commissioners fails to hold a required hearing, an

aggrieved party may file a mandamus action in the court of

common pleas requesting that a hearing be held.

Section 2028. Entry on Land to Maintain Marks and

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Monuments.--The board of commissioners and the board of

commissioners' agents and employees may enter upon any land or

property to maintain marks and monuments as the board of

commissioners deems necessary in carrying out the board of

commissioners' powers and duties under this article.

Section 2029. Bike Paths.--The board of commissioners may

provide for the construction and maintenance of bike paths for

the protection or convenience of the traveling public.

Section 86. Subdivision (d) heading of Article XX of the act

is repealed:

[(d) Relocation, Alteration, and Vacation of

Streets in or near State Parks]

Section 86.1. Section 2030 of the act is amended to read:

Section 2030. [Agreements to Relocate, Alter, and Vacate]

Streets in or near [State] Public Parks.--[Whenever a public

road or highway within a park or public ground, title to which

park or public grounds is vested in the State of Pennsylvania,

is laid out, located, relocated, altered, or vacated in such

manner that a street, approaching, leading into, or contiguous

to such park or public grounds, shall become either useless,

inconvenient or burdensome, such street, approaching, leading

into, or contiguous to such park or public grounds, may be

altered, relocated, or vacated, by the township commissioners

charged with the duty of maintaining such streets, in whole or

in part for the purpose of making it convenient and suitable as

an approach to the roads and highways within said park or public

grounds, upon the consent and agreement of: (a) The

commissioners or officials charged with the care and management

of said park or public grounds; (b) the township commissioners

charged with the duty of maintaining said street, approaching,

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leading into, or contiguous to said park or public grounds; and

land abutting upon the relocated portion of the street

approaching, leading into, or contiguous to said park or public

grounds.] (a) The board of commissioners may contract with the

Commonwealth, a county or a municipal corporation owning and

operating parks inside the township to establish, relocate,

alter or vacate public streets inside or contiguous to those

parks. The board of commissioners shall take no action with

respect to the public streets without the written consent and

agreement of the Commonwealth, county or municipal corporation

owning and operating the parks. Any street when altered or

relocated under this section shall be maintained and repaired

the same as other township streets.

(b) The agreement shall be adopted by ordinance and within

thirty days the street shall be a public street of the township.

may be located or relocated may apply by petition to the court

of common pleas, setting forth the injury that has been

sustained by reason of the relocation of the public street. The

proceedings relative to the assessment and payment of damages of

the landowner shall be pursuant to 26 Pa.C.S. (relating to

eminent domain).

Section 86.2. Sections 2031, 2032 and 2033, Subdivision (e)

and Subdivision (f) heading of Article XX of the act are

repealed:

[Section 2031. Agreement to Be Filed in Court; Effect of

Filing.--The filing of the consent and agreement of

commissioners or officials charged with the care and management

of such park or public grounds, the township commissioners

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charged with the maintenance of said streets, and of the

property owners, provided for in the preceding section, in the

court of quarter sessions of the county or counties in which the

altered, relocated, or vacated street is situate, shall have the

same force and effect as the filing and the approval and

absolute confirmation by the court of quarter sessions of a

report of viewers appointed in accordance with the general road

law, and shall have the same force and effect as though said

viewers had laid out, located, relocated, altered, or vacated

such street in accordance with the agreement filed as aforesaid,

and the report of said viewers had been filed, approved, and

absolutely confirmed by the court.

The filing of said agreement in the court of quarter sessions

shall be conclusive as to the question of the necessity for the

laying out, location, relocation, alteration, or vacation of

said streets, as contained in the said agreement, and that the

portion or portions of said street abandoned or vacated was

useless, inconvenient, and burdensome.

Section 2032. Altered and Relocated Streets Declared

Township Streets.--Such street, when altered or relocated, shall

be maintained and repaired in the same manner as other township

streets are maintained and repaired.

Section 2033. Assessment of Damages.--The owner of any land

through which any street may be so relocated may apply, by

petition, to the court of quarter sessions of the proper county,

setting forth the injury which has been sustained by reason of

the relocation of the said street, and the proceedings relative

to the assessment and payment of damages of said land owner

shall be in accordance with the provisions of this act for

proceedings for the assessment of damages and benefits.

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(e) Elimination of Curves

Section 2035. Any township may acquire, by purchase or by

the right of eminent domain, such property and lands situate

along or adjacent to any township street or highway as, in the

opinion of the commissioners of such township, may be necessary

to eliminate dangerous curves and widen narrow streets or

highways for the better protection and safety to the traveling

public.

Upon any such purchase or condemnation, the township

commissioners may, from time to time, abate or remove, or cause

to be abated or removed, any such dangerous curve or curves, or

widen such narrow street or highway, to the extent of the

property and land so acquired.

The proceedings for the condemnation of such property and

lands under the provisions of this section, and for the

assessment of damages for property or land taken, injured or

destroyed, shall be taken in the same manner as is provided by

this act for the condemnation of lands by townships.

(f) Acquisition of Unobstructed Views at Curves

and Intersections]

Section 87. Section 2040 of the act is amended to read:

Section 2040. [Any township may acquire, by purchase or by

the right of eminent domain, a free and unobstructed view down

and across such lands located at or near the intersection of any

two streets or highways, or a street or highway and a railroad

or railway, or at any curve in any street or highway, as may be

necessary to assure a free and unobstructed view in all

directions at such crossings, and to so prevent the use of such

lands for any purpose or in any manner which may interfere with

or obstruct the vision of persons traveling upon any such street

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or highway.

Upon any such condemnation, the township commissioners,

having had such view condemned, may from time to time, abate or

remove, or cause to be abated or removed, any obstruction to

such view over and across such lands.

The proceedings for the condemnation of such view over and

across such lands and for the assessment of damages for property

taken, injured or destroyed, shall be taken in the same manner

as is provided in this act for the condemnation of land by

townships.

Upon the condemnation of a view, the owner of such lands may

make every such use thereof as will not interfere with a free

and unobstructed view at such dangerous crossing or curve, and,

unless specially provided for in such condemnation proceedings,

such condemnation shall not be construed to prevent the owner

thereof from using such land for pasture or the growing of

grass, oats, wheat, or other crops which will not obstruct the

vision more than wheat.] Elimination of Curves and Acquisition

of Views.--(a) Any township may, singly or jointly with another

municipality, acquire, by purchase or by the right of eminent

domain, lands or easements along or adjacent to any township

street that may be necessary to eliminate dangerous curves,

widen streets or provide a free and unobstructed view down and

across lands located at or near the intersection of any two

streets or highways, or a street or highway and a railroad or

railway or at a curve in any street or highway, for the better

protection and safety to the traveling public.

(b) After condemnation, the township may abate or remove, or

cause to be abated or removed, any obstruction to the view over

and across the lands.

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the assessment of damages for property, or portions of property,

taken, injured or destroyed, agreed to be paid by the township

if the taking is jointly with another municipality, shall be

taken in the manner provided under the law governing eminent

domain.

(d) Upon the purchase or condemnation of lands or easements

for a free and unobstructed view, the owner of the lands may

make every use of the lands as will not interfere with a free

and unobstructed view at the dangerous crossing or curve.

Section 88. Subdivision (g) heading of Article XX of the act

is repealed:

[(g) Changing or Altering Streets by Agreement

with Property Owners]

Section 89. Section 2045 of the act is amended to read:

Section 2045. Improving or Vacating Streets by Agreement.--

[Whenever the commissioners of any township deem it advisable to

construct, change, widen, relocate or alter any part of any

street under their supervision, and can agree with the property

owners affected by such change as to damages, they may, upon

payment of damages agreed upon, change, widen, relocate, or

alter such part of such street as contemplated in such agreement

without the formality of a view.

No such improvement of any part of any street shall be made,

the costs and expenses of which to such township, including

damages, shall exceed one thousand dollars. A petition setting

forth the facts, accompanied by a map or draft of such proposed

improvement, shall be presented to the court of quarter sessions

for approval before such actual improvement is made; whereupon

the new location, approved by the court, shall be taken to be

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the street and the old location shall be vacated.] (a) When the

board of commissioners constructs, changes, widens, relocates,

vacates or alters any portion of any public street under their

supervision, and can agree with the property owners affected by

the change as to damages, the board of commissioners may, upon

payment of damages agreed upon, construct, change, widen,

relocate, vacate or alter the portion of the street as

contemplated in the agreement without the formality of a view.

(b) A copy of the agreement setting forth the facts

regarding the construction, change, widening, relocation,

vacation or alteration, accompanied by a map or draft of the

street agreed to be constructed, changed, widened, relocated,

vacated or altered, shall be presented and recorded in the

office of the recorder of deeds or similar office in home rule

counties after which the new location is the public street or

the old location is vacated.

prohibit a township from paying for curbs, gutters, sidewalks,

retaining walls and incidental work necessitated by such

construction, change, alteration, relocation, vacation or

widening in cases where the necessary land [necessary therefor]

is dedicated to the township for public use.

Section 90. Subdivision (h) heading of Article XX of the act

is repealed:

[(h) Grading, Draining, Curbing, Paving,

Macadamizing Streets or Highways on Petition,

and Assessment of Benefits by Viewers]

Section 91. Section 2050 of the act is amended to read:

Section 2050. Proceedings [on Petition.--Upon the petition

of a majority of property owners in interest or number, abutting

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on the line of any proposed improvement, to be verified by the

affidavit of at least one of the petitioners, a majority in

interest of owners of undivided interests in any piece of

property to be treated as one person, a township may grade,

curb, pave, or macadamize, or otherwise improve, any street or

highway, or part thereof, or which may be, in whole or in part,

boundaries thereof, and provide for the necessary drainage

thereof; and may also provide for the improvement of any street

or highway, and any sections or parts thereof, in length, in the

space between the curb, gutter, or actual carriageway line and

the property line, either by an original work or improvement

thereon, or by a change, repair, renewal, or alteration in the

said street or highway, curb, parking spaces, or shade trees, or

by changing, altering, renewing, replanting, pruning, or

otherwise improving the same, in any or all of said particulars.

The majority in interest or number required for such petitions

shall be fixed as of the date of such petition.] With or Without

Petition.--Townships may improve streets, portions of streets or

a particular width or additional widths of streets, with or

without the assistance or contribution of the Federal

Government, the Commonwealth, the county or a corporation

occupying the thoroughfare, and may assess and collect the

following from the owners of real estate abutting on the

improvement in accordance with Article XXV-A:

(1) The whole cost of improvement.

(2) The whole cost of improvement not aided or contributed

to by the Federal Government, the Commonwealth, the county or a

corporation.

(3) Any part of the cost.

Section 92. Sections 2051, 2052, 2053, 2054, 2055 and 2056

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and Subdivisions (i) and (j) of Article XX of the act are

repealed:

[Section 2051. Grading Restrictions.--In grading a street,

it shall be unlawful to raise the street above the ordinary

grade when a drain or culvert is constructed under such street,

or where a street is constructed over such drain or culvert.

Section 2052. Notice.--After the passage of any ordinance

for the grading, curbing, paving, or macadamizing, or otherwise

improving any street or highway, notice shall be given, within

ten days thereafter, by handbills posted in conspicuous places

along the line of the proposed improvement.

Section 2053. Contents of Notice.--The notice shall state

the fact and the date of the passage of such ordinance, that the

petition for the improvement was signed by a majority in

interest and number of owners of property abutting on the line

of the proposed improvement, and that any person interested,

denying the fact that said petition was so signed, may appeal to

the court of common pleas of the county within thirty days from

the passage of the ordinance.

Section 2054. Appeals from Ordinance.--Any person interested

may, within thirty days from the passage of such ordinance,

present a petition to the court of common pleas of the county,

setting forth the facts; whereupon the court shall determine

whether such improvement was petitioned for by the requisite

majority. If the court shall find that it was not so petitioned

for, it shall quash the ordinance, but if it shall find that it

was so petitioned for, it shall approve the same. If no appeal

shall be taken, or if the court, on appeal, shall approve the

ordinance, the township may proceed with the improvement, and

thereafter all parties shall be estopped from denying the fact

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that such petition was properly signed.

Section 2055. Assessment of Damages and Benefits by

Viewers.--On petition, viewers shall be appointed, as provided

in this act, who shall assess the damages, costs, and expenses

of such grading, curbing, paving, or macadamizing, or parking,

shade tree planting, or changing or altering, renewing,

replanting, pruning, or improving, including the expenses for

necessary drainage, upon the property benefited, according to

benefits, if sufficient can be found, but if not, the

deficiency, when ascertained, shall be paid by the township. The

proceedings of the viewers and the proceedings on their report

shall be as provided in this act for such proceedings.

Section 2056. Assessments to Bear Interest; Collection.--All

such assessments for benefits if not paid within thirty days

shall bear interest as provided by this act in such cases, and,

if any such assessment remains unpaid, it shall be the duty of

the township solicitor to collect the same with interest, by

action of assumpsit, or by a lien to be filed and collected in

the manner provided by law for the filing and collection of

municipal claims. When an owner has two or more lots against

which there is an assessment for the same improvement, all of

such lots may be embraced in one claim.

(i) Grading, Draining, Curbing, Paving or

Macadamizing Streets or Highways, and Collection

of Cost by Foot Front Rule

Section 2060. Proceedings With or Without Petition.--

Townships, with petition or without petition, may grade, curb,

gutter, pave, macadamize, or otherwise improve, streets or

highways, or parts thereof, or a particular width or additional

widths thereof, with or without the assistance or contribution

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of the State, county, or a corporation occupying the

thoroughfare, and may assess and collect the whole cost thereof,

or the whole cost not thus aided or contributed, or any part

thereof, from the owners of real estate abutting on the

improvement, by an equal assessment on the foot front, including

the expense of the necessary drainage. The board of

commissioners may make equitable adjustments for corner lots, or

lots of irregular shape, where an assessment for full frontage

would be unjust. Property not otherwise assessable shall become

assessable by the petition of the owner or the owner's

representative. In all cases where the whole width of the street

is being paved without State or county aid, and more than two-

thirds of the total cost is proposed to be assessed on abutters,

the township shall, for this purpose, be considered as owner of

non-assessable property, of street intersection, and of the

deducted frontage on equitable adjustments. On petition of

owners representing two-thirds of the number of feet of

assessable properties abutting on the proposed improvement, the

total cost of the improvement, or a lesser amount if the

township desires, may be assessed on the assessable properties

abutting, without any deduction for non-assessable property, or

street intersection, or for the equitable adjustments aforesaid:

Provided, That the petition states that the total cost may be

assessed on the abutters.

Section 2061. Grading Restrictions.--In grading a street, it

shall be unlawful to raise the street above the ordinary grade

when a drain or culvert is constructed under such street, or

where a street is constructed over such drain or culvert.

Section 2062. Notice of Assessments.--The secretary of the

township shall cause thirty days' notice of the assessment to be

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given to each party assessed, either by service on the owner or

his agent, or left on the assessed premises.

Section 2063. Collection of Assessments.--If any assessment

shall remain unpaid at the expiration of the notice, it shall be

the duty of the township solicitor to collect the same, with

interest from thirty days after the completion of the

improvement, by action of assumpsit, or by a lien to be filed

and collected in the same manner as municipal claims. When an

owner has two or more lots against which there is an assessment

of the same improvement, all of such lots may be embraced in one

claim.

(j) Road Material, Ditches, Drains and Watercourses

Section 2065. Power to Enter Lands.--When material cannot be

conveniently obtained by contract at reasonable prices, the

commissioners of townships may enter upon any land or enclosure

within their township, lying near the street or highway, and

dig, gather, and carry upon the street or highway any stones,

sand, or gravel which they think necessary to make, maintain, or

repair the street or highway. In exercising such right they

shall do no unnecessary damage to the owners of the land, and

shall repair any breaches of fences which they make.

Section 2066. Viewers to Fix Damages.--Whenever the

commissioners and the owners of any such materials cannot agree

upon the price to be paid therefor, the value of such materials

shall be assessed by viewers to be appointed and to make report

as provided in this act in the case of eminent domain

proceedings.

Section 2067. Ditches, Drains, and Watercourses; Approval of

Plans.--No person shall stop, fill up, confine, pave or

otherwise interfere with any drain, ditch, watercourse, or

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drainage facilities, in a township, without first submitting

suitable plans thereof to the township commissioners for their

approval. Such plans shall be prepared in accordance with such

rules and regulations as may be prescribed by the commissioners,

and shall show the exact nature of the work to be performed.

Before acting upon any such plan, the commissioners may, in

their discretion, arrange for a public hearing, after giving

such notice as they may deem desirable in each case. The

commissioners are authorized to alter such plans, and to specify

any changes or modifications of any kind which they, in their

discretion, may deem necessary with respect thereto, and may

make their approval of such plans subject to any alterations,

changes or modifications. Any plans, when so approved, shall be

signed on behalf of the township by such officer as the

commissioners may designate, and shall be filed in the township

offices where the same shall be available for public inspection.

No drain, ditch, watercourse, or drainage facilities, shall be

constructed, altered, stopped, filled up, confined, paved, or

otherwise interfered with, except in strict accordance with

plans so approved by the commissioners, or with further plans

subsequently approved by them in the same manner. No township

shall have any responsibility with respect to conditions arising

as a result of the failure on the part of any person to comply

with the requirements of this act.

The township commissioners may enter upon any lands or

enclosures and cut, open, maintain, and repair such drains or

ditches through the same as, in their judgment, are necessary to

carry the water from the streets or highways.

Any person who shall stop, fill up, or confine, pave, or

otherwise interfere with any such drain or ditch, watercourse,

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or drainage facilities, or shall divert or change the course

thereof, without the approval of the commissioners as herein

provided, shall upon conviction thereof, in a summary

proceeding, be sentenced to pay a fine not exceeding twenty-five

dollars for each offense, and in default of the payment of such

fine and costs shall be sentenced to imprisonment of not more

than ten days.

Nothing contained in this section shall be held to restrict

or limit the State Department of Highways or any county in the

exercise of any of its powers and duties under the provisions of

any law of this Commonwealth, nor to obviate the necessity of

securing the consent of the Water and Power Resources Board

where required by existing law.]

Section 93. The act is amended by adding a section to read:

Section 2068. Power to Open Drains and Ditches.--(a) The

board of commissioners or its agents and employees may enter any

lands or enclosures and cut, open, maintain and repair drains or

ditches through the property when necessary to carry the water

from the streets.

(b) Any person who damages or diverts any drain or ditch

without the authority of the board of commissioners commits a

summary offense and is liable for the cost of restoring the

drain or ditch. All money recovered under this subsection shall

be paid to the township treasurer.

Section 94. Subdivision (k) heading of Article XX of the act

is repealed:

[(k) Trees, Shrubbery, and Obstructions within

Limits of Streets or Highways]

Section 95. Section 2070 of the act is amended to read:

Section 2070. Trees and Shrubbery Within Right-of-Way.--(a)

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In order to provide for easy and convenient traveling upon the

public streets or highways, the [township] board of

commissioners may cut, alter or remove any trees, shrubbery,

underbrush, refuse or obstructions within the legal width of any

public street or highway, or any [part] portion thereof.

[All logs, cordwood, or other forms of wood, derived from the

destruction or removal of any trees growing along such streets

or highways, shall become the property of the abutting owners,

provided that such abutting owners shall, within ten days after

notice from the township, remove such logs, cordwood, or other

forms of wood from the legal width of the street or highway. In

the event of their failure to do so, they shall forfeit all

interest therein, and the same may be disposed of as the

township commissioners deem proper.]

(b) All logs, cordwood, branch wood or other forms of wood

derived from the destruction or removal of any trees growing

along streets or highways shall be surrendered to and remain the

property of the abutting owners, provided that the abutting

owners shall, within ten days after notice from the township,

remove the logs, cordwood, branch wood or other forms of wood

from the legal width of the street or highway. In the event of

the abutting owners' failure to do so, they shall forfeit all

interest therein, and the same may be disposed of as the board

of commissioners deem proper.

Section 96. Subdivision (l) heading of Article XX of the act

is repealed:

[(l) Protection of Streets or Highways from Snowdrifts]

Section 97. Section 2078 of the act is amended to read:

Section 2078. [Whenever any streets or highways, in

townships, are so located as to render them liable, on account

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of high wind during the winter season, to be so filled with snow

as to make them impassable, and, in the judgment of the

commissioners, such drifts of snow can be avoided by the removal

of any fence erected along either side of such street or highway

and replacing the same by a fence constructed of posts, wire,

and boards or rail combined, such commissioners may agree with

the owners of such fences upon a plan for the erection of a

fence constructed of posts, wire, and board or rail combined.

The township may pay the owners of such fences a sum not to

exceed the first cost of the wire used in the construction of

such fences. The wire used in the construction of such fences

shall be without barbs. This section shall not apply to any

stone wall, hedge, or ornamental fence.

Any township which is responsible for the maintenance of any

street shall have authority to enter upon private property

adjacent to such street and place thereon a snow fence, at any

point as may be deemed necessary to within a limit of one

hundred (100) feet from the right of way line of such street, in

order to eliminate snow drifting on the traveled portion of the

street.

No such snow fence authorized shall be placed prior to

November first, nor shall the same remain in place after April

first of the succeeding year, unless the written consent of the

owner of the adjacent property is obtained agreeing to an

extension of time for the removal of said snow fence.

If the township shall not be able to enter into an agreement

with the owner of the adjacent property occupied by such snow

fence as to the amount of damages sustained as a result of said

fence being placed and removed, the owner may petition the court

of common pleas of the county for the appointment of viewers to

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ascertain the amount of damage incurred in such case, in the

manner provided in this act for eminent domain proceedings. Such

damages, if any, when ascertained, shall be paid by the

township. Any funds available for the construction and

maintenance of streets shall be available for the payment of

such damages.] Protection of Streets or Highways from

Snowdrifts.--(a) A township may enter upon private property

adjacent to any public street or highway and place thereon a

snow fence to within a limit of one hundred (100) feet from the

right of way line of the public street or highway in order to

eliminate snow drifting on the traveled portion of the street.

(b) A snow fence may not be placed before the first day of

November or remain in place after the first day of April of the

succeeding year unless the written consent of the owner of the

adjacent property is obtained agreeing to an extension of time

for the removal of the snow fence.

property upon which a snow fence is placed and removed under

this section cannot agree to the amount of compensation, if any,

to be paid to the owner for placing the fence, including the

amount of damages, if any, to be paid for injury to the property

resulting from placing and removing the fence, the owner may

petition the court of common pleas of the county for the

appointment of viewers to ascertain the amount of damage

incurred in the manner provided in this act for eminent domain

proceedings. Damages, if any, when ascertained, shall be paid by

the township from the general township fund.

Section 98. Subdivision (m) heading of Article XX and

section 2080 of the act are repealed:

[(m) Guideposts and Index Boards

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Section 2080. Duty to Erect.--The commissioners of the

township shall erect posts at the intersection of all streets or

highways, and at one of the angles where any street or highway

crosses another street or highway, and shall firmly fix thereon

boards or metal signs with index hands pointing to the direction

of such street or highway, but if a tree, trolley pole,

telephone pole, telegraph pole or building is so erected that it

can be used in place of a post, and permission has been secured

from the owner thereof, such tree, pole, or building may be used

in place of a post. On such boards and signs shall be inscribed,

in large and legible characters, the name of the town, village,

or place to which such streets or highways lead, and the

distance thereto computed in miles. Where any street intersects

or crosses a State highway, application for a permit shall be

made by the commissioners to the State Department of Highways

for the erecting of such signs.]

Section 99. The act is amended by adding sections to read:

Section 2080.1. Naming of Streets.--The board of

commissioners may provide for and regulate the naming of streets

and highways. When the naming of a street or highway will affect

signing maintained by the Department of Transportation, the

board of commissioners shall notify the department.

Section 2080.2. Street Lighting, Ornamental Lighting and

Traffic Control Signals and Devices.--The board of commissioners

may provide street lights and ornamental lighting and make

regulations for the protection of lighting. The board may assess

the costs of street lighting and ornamental lighting in

accordance with Article XXV-A. The board may provide for the

erection, maintenance and operation of traffic control signals

and devices in accordance with 75 Pa.C.S. (relating to

20190HB2073PN2927 - 327 -

vehicles).

Section 100. Section 2081 of the act is amended to read:

Section 2081. [Penalty for Destroying.--It shall be unlawful

for any person to wilfully destroy, remove, injure, or deface

any guidepost or sign or index board legally erected upon or

near any street, highway or bridge by the authorities of any

township, or legally erected with the consent of the authorities

having jurisdiction over such street, highway or bridge, by any

club, association, or other organized body, for the direction,

guidance or safety of travelers. It shall also be unlawful for

any person to wilfully destroy, remove, injure or deface any

temporary traffic-control device legally erected for the purpose

of enhancing traffic or worker safety in a construction or

maintenance work zone, including, but not limited to, cones,

batons, barrels, barricades, signs, sign trucks, arrow boards or

other devices specified in a traffic safety plan approved by the

township or the Department of Transportation. Any person

violating any of the provisions of this section shall, upon

conviction in a summary proceeding, be sentenced to pay a fine

of not less than two hundred dollars nor more than five hundred

dollars for the first offense, and a mandatory fine of five

hundred dollars for the second or any subsequent offense, with

all costs of prosecution, together with the value of such sign

so destroyed, removed, or defaced, and in default of such

payment shall be sentenced to imprisonment of not more than ten

days. Fines and moneys so collected shall be paid to the

township treasurer.] Penalty for Destroying Signs.--(a) It

shall be unlawful for any person to wilfully destroy, remove,

injure, or deface any sign legally erected upon or near any

public street, highway or bridge by the board of commissioners,

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or legally erected with the consent of the board of

commissioners over any public street, highway or bridge, by any

club, association, or other organized body, for the direction,

guidance or safety of travelers. It shall also be unlawful for

any person to wilfully destroy, remove, injure or deface any

temporary traffic-control device legally erected to enhance

traffic or worker safety in a construction or maintenance work

zone, including, but not limited to, cones, batons, barrels,

barricades, signs, sign trucks, arrow boards or other devices

specified in a traffic safety plan approved by the township or

the Department of Transportation.

(b) Any person who violates this section commits a summary

offense punishable upon conviction in accordance with section

3321-A, which may include the costs of labor, materials and

prosecution. Money collected shall be paid to the township

treasurer.

Section 101. Subdivision (n) heading of Article XX of the

act is repealed:

[(n) Streets Crossing Railroad; Special Uses of Streets]

Section 102. Sections 2083 and 2084 of the act are amended

to read:

Section 2083. Railroad Crossings.--[Every township

constructing a street across a railroad shall construct the same

above or below the grade thereof, unless permitted by the Public

Utility Commission to construct the same at grade.

Any such crossing of a railroad by a street, or any vacation

of any street crossing a railroad, shall be constructed only in

the manner prescribed by and under the jurisdiction of the

Public Utility Commission. In such cases compensation for

damages to the owners of adjacent property, taken, injured or

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destroyed, shall be ascertained, fixed, and paid in the manner

prescribed in the Public Utility Law.] (a) Every township

constructing a street across a railroad shall construct the same

above or below the grade of the railroad, unless permitted by

the Pennsylvania Public Utility Commission to construct the

street at grade.

(b) Any new construction of a street crossing a railroad or

any vacation of any street crossing a railroad shall be

constructed or vacated only in the manner consistent with the

rules and regulations and under the jurisdiction of the

Pennsylvania Public Utility Commission.

property taken, injured or destroyed by the construction of a

street crossing a railroad or any vacation of any street

crossing a railroad shall be ascertained, fixed and paid under

66 Pa.C.S. Pt. I (relating to public utility code).

Section 2084. Street Permits.--No railroad or street railway

shall [hereafter] be constructed upon any township street, nor

shall any railroad or street railway crossings, [nor any],

driveway connections, gas pipe, water pipe, electric conduits,

or other piping be laid upon or in, nor shall any telephone,

telegraph or electric light or power poles, or any coal tipples

or any other obstructions or facilities of non-public utility

communication providers be erected upon or in, any portion of a

township street, except under [such] conditions, restrictions

and regulations, and subject to the payment of [such] fees for

permits as may be prescribed and required by the board of

[township] commissioners, not exceeding the reasonable cost of

issuing the permit and expense of inspecting the work authorized

by [such] the permit upon completion thereof. All fees [so]

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collected for permits shall be paid into the township treasury.

Section 103. Subdivision (o) heading of Article XX of the

act is repealed:

[(o) County-aid in the Improvement of Township Streets]

Section 104. Section 2086 of the act is amended to read:

Section 2086. County Aid in the Improvement of Township

Streets.--(a) Whenever the owners of the majority of the

assessed valuation of real property within any township desire

any principal street within the township to be improved and

maintained at the joint expense of the county and township, they

may petition the board of commissioners of the township for

[said] the improvement and require [them] the board of

commissioners to make application to the county commissioners

for [such] the improvement and maintenance in accordance with

the provisions of existing law.

[In all cases where the township] (b) If the board of

commissioners refuse to act upon, or unduly delay action on, any

petition for the improvement and maintenance of any street, any

citizen taxpayer of the township or county may, by petition,

present the facts of the matter to the court of [quarter

sessions] common pleas, requesting the court to order such

action thereon as the case may require. If after due hearing had

before [said] the court it shall appear that the truth of the

matters alleged in the petition are sustained, the court shall

make an order directing the [township] board of commissioners to

forthwith act upon [said] the application or applications, and

that the [said] application or petition for the improvement be

forthwith forwarded to the county commissioners.

Section 105. Subdivisions (p) and (q) of Article XX of the

act are repealed:

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[(p) Penal Provisions

Section 2088. If any person working upon any street in any

township, or if any one in company with such person, shall ask

money or reward, or by any means whatever shall extort or

endeavor to extort any money, intoxicating drink, or other

thing, from any person traveling upon or near such street, the

person so offending shall for every such offense forfeit and pay

a sum not exceeding five dollars.

If any township commissioner shall connive with any person so

asking, demanding, or contriving to extort money, intoxicating

drink, or any other thing from any person traveling as

aforesaid, such commissioner shall, for every such offense,

forfeit and pay a sum not exceeding ten dollars.

If any person shall stop or obstruct any street or highway in

any township, or shall commit any nuisance thereon by felling

trees, making fences, turning the road, or in any other way, and

shall not, on notice given by the township commissioners,

forthwith remove the obstruction or nuisance and repair the

damage done to such street or highway, such person shall, for

every such offense, forfeit and pay a sum not more than twenty-

five dollars. Nothing in this section shall debar an indictment

for any such nuisance, as in case of misdemeanor at common law.

All penalties provided for in this section shall be recovered

by summary proceeding for the use of the township.

(q) Opening, Making, Amending, and Repairing Streets

and Bridges by Contracts with Taxpayers

Section 2090. Taxpayers' Rights.--Any taxpayers of any

township may acquire the right to furnish all the materials and

labor necessary for opening, making and repairing the streets

and bridges of such township, in the manner and under the

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conditions set forth in this subdivision of this act.

Section 2091. Petition to Court.--To acquire such right, any

such taxpayer shall, before the beginning of the township fiscal

year, present to the court of quarter sessions a petition

setting forth that he is the owner of property assessed and

taxed in such township, the approximate number of miles of

streets in such township, and the ability of the petitioner to

lay out, open, make, and repair the streets and bridges of such

township wholly at his own expense, for the ensuing township

fiscal year or fiscal period, and to pay the other expenses of

such township as hereinafter provided, without any right against

or claim upon such township for or by reason of the materials,

labor, or money so furnished.

Section 2092. Bond of Petitioner.--The petitioner shall,

with the petition, present a bond to the township, in the sum of

ten thousand dollars or in a sum equal to five hundred dollars

for each mile of public street in the township, whichever shall

be greater, with one or more sufficient sureties to be approved

by the court, conditioned for the faithful performance by said

petitioner of his duty, and to save the township harmless from

any loss or claim by reason of failure so to perform said duty.

Section 2093. Notice to Commissioners and Auditors.--Notice

of the intention of presenting the petition and bond, and of the

time when said petition and bond will be presented to the court,

shall be given to the commissioners and auditor or controller of

the township at least ten days before the same are presented.

Section 2094. Contracts; Stipulations.--When the petition,

bond, and proof of the notice required in the preceding section

are presented to the court, the same shall be ordered filed; and

the court being satisfied of the good faith of the petitioner,

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and the sufficiency of the petition, bond, and notice, shall

order and direct the commissioners, on behalf of the township,

to enter into a contract with the petitioner. In such contract,

the petitioner shall bind himself:

First. To open, make, and repair the streets and bridges of

the township for the ensuing fiscal year or fiscal period in a

lawful and workmanlike manner, wholly at the expense of the

petitioner, and without creating thereby any claim upon or right

against the township for or by reason of the materials, labor,

or money for persons employed.

Second. To indemnify and save harmless the township from all

claim, damage, cost, or expense of whatever kind, for or by

reason of any act or omission of said petitioner whereby any

claim, suit, or other demand may be set up or recovered against

the township.

Third. To pay, within sixty days from the beginning of the

fiscal year to the following officers of such township, the

following sums, to be received by said officers in full for all

demands against such township for their respective services as

such officers of the township for the fiscal years for which the

said contract is made, which shall be in lieu of the

compensation otherwise in this act provided for such officers,

namely: To each township secretary, the sum of fifty dollars; to

the auditor or controller of such township, the sum of twenty-

five dollars; to an attorney, to be elected by such

commissioners as counsel for the township, the sum of fifty

dollars; to each commissioner, the sum of one hundred dollars.

Section 2095. No Street Tax to Be Levied.--In consideration

of the obligations set out in the preceding section to be

assumed and performed by the petitioner, the commissioners, on

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behalf of such township, shall stipulate that the township will

not assess, levy, or collect any tax for street purposes during

the fiscal year for which such contract is made.

Section 2096. Inspection.--The commissioners shall view and

inspect the making and repairing of the streets in such

townships, at least once during every month, and satisfy

themselves that the petitioner has fully complied with his

contract, before final settlement and expiration of contract.

If, at any time, the commissioners shall see that any portion of

the streets need repair, they shall notify the petitioner to

repair the same. In case said petitioner fails to repair said

street within five days after notice, the commissioners are

empowered to purchase such materials and employ such men as may

be necessary to repair such street, and charge the same to the

petitioner.]

Section 106. The act is amended by adding sections to read:

Section 2097. Boundary Streets.--(a) When any street, other

than a State or county road, is created or located along, on or

over boundaries between a township and any other municipal

corporation, the creation, location, construction, maintenance

and repair of the street shall be the joint responsibility of

the township and the municipal corporation with which the common

boundary is shared.

(b) The board of commissioners may make agreements with the

governing body of the municipal corporation with which the

common boundary is shared to provide for the apportionment of

the cost of construction, maintenance and repair of boundary

streets.

costs of construction, maintenance and repair of boundary

20190HB2073PN2927 - 335 -

streets cannot be executed, the board of commissioners or the

governing body of the other municipal corporation involved may

petition the court of common pleas of the county for a

determination of the rights and responsibilities of the

respective municipal corporations involved.

(d) The court, after hearing of which notice shall be given

to all parties interested as the court may direct, shall make an

order directing the manner of the opening and maintenance and

the division of the costs between the township and the other

municipal corporation.

Section 2098. Streets, the Center Line of Which is the

Boundary Between a Township and Another Municipal Corporation.--

(a) A township may enter into a contract with a municipal

corporation to provide for the grading, curbing, draining, and

paving of any street that constitutes the dividing line between

the township and the municipal corporation.

(b) The alterations and improvements shall be made under the

supervision of the township or municipal corporation, or by

contract let by the township or the municipal corporation, as

may be provided for in the contract between the township and the

municipal corporation.

Section 2099. Streets Having More Than Half of Their Width

Within Township.--(a) If any street, more than one-half the

width of which is within the limits of the township, shall

divide the township from any other municipal corporation, the

street may be improved by the township in the same manner as if

the street were entirely located within the limits of the

township.

(b) The property, within or outside the township, that abuts

the street and benefits from the improvements may, for a depth

20190HB2073PN2927 - 336 -

of one hundred fifty feet plus one-half the width of the street

measured from its center line, be assessed for any and all

municipal improvements to or on the street in the same manner as

the property would be assessed under the provisions of this

article if it were entirely located within the limits of the

township.

Section 2099.1. Assessment for Improvements on Property

Outside Limits Where Street Entirely Within Township.--Whenever

any street, entirely within the limits of any township, shall

divide the township from any other municipal corporation, the

property on the side of the street, within or outside the

township, that abuts the street and benefits from the

improvement may, for a depth of one hundred fifty feet from its

center line, be assessed for any and all municipal improvements

to or on the streets on which the property abuts in the same

manner as the property would be assessed under the provisions of

this act if it were entirely located within the limits of the

township.

Section 107. Article XXI of the act is repealed:

[ARTICLE XXI

BOUNDARY ROADS AND STREETS

(a) Opening, Repairing and Improving Streets

on Division Line of Townships

Section 2101. Roads or streets laid out on a line which

divides a township of the first class and another township shall

be opened, made, kept clear and in repair at the joint and equal

charge of such townships. Any township necessarily incurring

more than its due proportion of such charge may recover the

excess so incurred from the other township.

When any public road or street is laid out on the line of two

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townships, if the commissioners or supervisors of either

township neglect or refuse to join with the commissioners or

supervisors of the other township in opening or repairing such

road or street, the commissioners or supervisors of the other

township shall open, and repair the road or street, and are

authorized to collect a just portion of the cost of the opening

and repairing of such road or street from the township so

neglecting or refusing to join such opening or repairing. The

commissioners or supervisors so neglecting or refusing shall be

liable to a penalty of not exceeding fifty dollars, to be

recovered in a summary proceeding. All such penalties when

recovered shall be paid into the township road fund.

(b) Maintenance of Streets between Township

and Cities or Boroughs

Section 2105. Whenever any street is on the boundary line

between any township and any city or borough, such street shall

be maintained jointly by the city or borough and the township.

For the purpose of maintaining any such street, the authorities

of any such township are hereby directed to enter into

agreements, with such city or borough, providing the manner in

which the same shall be maintained, and providing for the

division of the cost of maintenance between the city or borough

and township. If any such city or borough and township shall

fail or refuse to enter into any such contract, or if the city

or borough and township cannot agree, any taxpayer or the

township commissioners of the township may present a petition to

the court of quarter sessions of the county, setting forth the

facts, and the court, after hearing, of which such notice shall

be given to all parties interested as the court may direct,

shall make an order directing the manner of such maintenance and

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the division of the cost of maintenance between the city or

borough and the township. The action of the court shall be

final.

Line between Townships and Boroughs or

Cities in the Same County

Section 2110. Whenever the centre line of any street

constitutes the dividing line between a township and any city or

borough located in the same county, the commissioners of the

township may, jointly with the county, enter into a contract

with the city or borough providing for the grading, curbing, and

macadamizing or paving of such street.

Such alteration or improvement shall be constructed, and

subsequent repairs shall be made, under the supervision of the

proper authorities of the city or borough, in compliance with

the laws governing the construction of such alterations or

improvements in such city or borough, and with plans and

specifications to be agreed upon in writing between the

commissioners of the township and the city or borough and the

commissioners of the county.

The cost of any alteration or improvement shall be borne one-

half by the city or borough and one-half by the county and

township in equal portions.

The cost of repairs shall be borne one-half by the city or

borough and one-half by the township, or by the county and

township in equal portions, or such other proportions as are

agreed upon in the joint contract of the township with the

county.

(d) Street, the Centre Line of which is the

Dividing Line between Townships and Cities

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in an Adjacent County

Section 2115. Whenever the centre line of any street

constitutes a dividing line between a township and a city

located in an adjacent county, it shall be lawful for the

township commissioners to enter into a contract, with the county

in which it is located and with the city, providing for the

grading, curbing, macadamizing, or paving of the roadway of said

street, the cost thereof to be borne one-half by the city, and

one-half by the township and the county in which such township

shall be situated in equal portions.

The said alteration or improvement shall be constructed, and

subsequent repairs shall be made, under the supervision of the

proper authorities of the said city, in compliance with existing

laws governing such construction or improvement of such city,

and in further compliance with plans and specifications to be

agreed upon in writing between such city and the commissioners

of the county and the township commissioners of the said

township. The cost of repairs shall be borne one-half by the

city and one-half by the township, or by the county and township

in equal portions, or such other proportions as may be agreed

upon by the county and township.

In all cases in which it shall be found impossible to enter

into such contract or agreement as is provided for in this

section, or where either the city or the township or the county

in which such township is situated shall refuse to enter into

such contract or agreement, it shall be lawful for the township

to present its petition to the court of common pleas of either

county, setting forth the facts and circumstances, including the

condition of the street from which the necessity or desirability

for the grading, curbing, macadamizing, or paving of the roadway

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appears, and the estimated cost thereof, and that the terms of

the said contract as provided for in this section cannot be

agreed upon by the said city and the county or township, or

either or any of them, or that either such city or the county or

township, or any or either of them, refuses to enter into such

contract. Such petition may pray that such court may, after

hearing all the parties concerned, make its order or decree

defining the nature and character of the improvement reasonably

necessary or desirable to be made to the roadway, and requiring

the parties hereinabove specified to enter into a contract or

contracts for the making and constructing of the same as herein

provided for. A copy of the said petition, duly certified, shall

be served upon the city or the county and township concerned,

other than the petitioner, with notice of such day as may be

fixed by the court for the hearing. Thereupon either or both of

the parties served with such notice shall be entitled, on or

before such date, to file in the said court its answer to the

said petition, setting forth its version of the facts or such

other matters in relation thereto as may be deemed necessary or

proper by it. The said court, upon the date so fixed or at such

other time as it may appoint, shall hear the evidence of the

parties, or it may refer the matter to a master, who shall hear

the testimony of the parties and report his findings, in the

same manner and under the same procedure as provided by the

rules in equity in similar cases, to the said court, which may

reject, confirm, or modify the same, and may make its decree or

order directing the making of such alterations or improvements

to the roadway as may be deemed reasonably necessary or

desirable and providing for the sharing of the cost of such

improvements, one-half by the city, and one-half by the county

20190HB2073PN2927 - 341 -

and township in equal portions. The said order or decree may

further provide that the repairs to such alterations and

improvements subsequently required shall be borne one-half by

the city and one-half by the county or township in equal

portions, or such other proportions as between the county and

the township as such court may find to be legal and proper; and

thereupon the said grading, curbing, macadamizing, or paving of

the roadway of such street shall proceed in accordance with the

decree or order of the said court in the same manner as if the

contract or agreement provided for in this section had been

entered into and duly executed.

(e) Improvement of Street where more than

One-Half of Width is in Township; Assessment of

Property outside Limits

Section 2120. Whenever any street or road, more than one-

half the width of which is within the limits of any township,

shall divide the said township from any other municipality or

township located within the same county, such street or road may

be improved by the township within which the greater width is

located in the same manner as if the said street or road were

entirely located within the limits of said township.

The property abutting on the side of said street or road

which is located outside the limits of the township making such

improvements shall, for a depth of one hundred and fifty feet,

plus one-half the width of said street or road from its centre

line, be assessed for any and all municipal improvements to or

on the said street or road in the same manner as such property

would be assessed under this act if it were entirely located

within the limits of such township.

(f) Assessment of Property outside Limits of

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Township for Street Improvements

Section 2125. Whenever any street shall divide such township

from any other municipality or township located in the same

county, the property on the side of the street outside the line

of such township shall, for a depth of one hundred and fifty

feet, be assessed for municipal improvements on such street on

which property shall abut. Such assessment shall be made in the

same manner and in the same proceeding as is used for the

assessment of property within such township for such

improvement.

(g) Grading, Curbing, Paving, Macadamizing

Boundary Street or Highway, Et Cetera

Section 2130. Townships may enter into agreements with

adjoining boroughs for the grading, paving and curbing, or

macadamizing of streets or highways which may be boundaries

between such townships and boroughs; and may provide in such

contract that the damages, costs, and expenses of such

improvement shall be divided between such townships and boroughs

in proportions agreed upon.

In grading, paving and curbing, or macadamizing any such

street or highway, townships shall exercise such power only upon

petition of a majority of the property owners in interest and

number abutting the line of the proposed improvement within the

township limits, to be verified by the affidavit of one of the

petitioners; a majority in interest of owners of undivided

interest in any piece of property to be treated as one person

asking that such improvement be made.

The portion of the damages, costs, and expenses agreed to be

paid by any township shall be ascertained, and the benefits

incident thereto shall be assessed and collected, in the manner

20190HB2073PN2927 - 343 -

provided in this act for the assessment of damages and benefits

by viewers.]

Section 108. Article XXII heading of the act is amended to

read:

ARTICLE XXII

BRIDGES [AND VIADUCTS]

Section 109. Subdivision (a) heading of Article XXII of the

act is repealed:

[(a) As Part of Street]

Section 110. Section 2201 of the act is amended to read:

Section 2201. [Whenever, in the opening, grading, or

improving of any street in any township, it is necessary to

erect or construct any bridge and the piers, abutments and

approaches therefor, the same may be erected and constructed by

the township as part of such street. In any such erection or

construction, the township may take, use, and occupy private

property. All damages shall be awarded and benefits assessed as

part of the proceeding to open, grade, or improve the street of

which the bridge is a part.] Construction and Acquisition of

Bridges.--(a) Any township may erect and construct, or acquire

by purchase, condemnation or otherwise, any bridge and the

piers, abutments and approaches for the bridge, to be used and

thereafter improved and maintained as a street whether the

bridge is wholly or partly within the township limits.

(b) The proceedings for laying out and opening a bridge

shall be the same as provided by this act for the laying out and

opening of streets, and the bridge or portion of the bridge may

thereafter be vacated under the same procedure as provided in

this act for the relocation or vacation of streets or portions

of streets.

20190HB2073PN2927 - 344 -

duties of the Pennsylvania Public Utility Commission to the

extent otherwise provided by law.

(d) Bridges over railroads shall not obstruct the railroad

over which it is built. Nothing in this section shall release

railroad or other companies or the Commonwealth from the

requirements of existing laws.

(e) As used in this article, the term "bridge" shall mean a

structure built to span and provide passage over a valley,

street, railroad track, private property, gully, river, creek,

stream or any other body of water or physical obstacle and shall

include viaducts constructed from a series of spans or arches.

Section 111. Subdivision (b) heading of Article XXII and

section 2205 of the act are repealed:

[(b) Over Railroads

Section 2205. Power to Construct.--Townships may build or

purchase existing bridges or viaducts over railroads, rivers,

creeks, streams and private property, or over railroads and any

of them, or over railroads only, whether the bridges or viaducts

are wholly or partly within the township limits, for the purpose

of uniting two or more streets or a street and a road or a

highway or separate portions of the same street. Such bridges

and viaducts must in all cases cross railroads. Such bridges and

viaducts and the approaches thereto shall be constructed, and

the damages in connection therewith paid, as provided by the

Pennsylvania Public Utility Law.]

Section 112. Section 2206 of the act is amended to read:

Section 2206. Maintenance.--[Such viaduct or bridge shall be

maintained as a township structure, and the township is

authorized to contract with any party interested, except the

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county, for the maintenance of the same.] (a) A bridge shall be

maintained as a township structure, and the township may

contract with any party interested, except the county, for the

maintenance of the bridge.

(b) Whenever a bridge, or part thereof, has been built by

the county, or the whole or part of the money necessary to build

it has been furnished by the county, and the bridge has not been

entered on record as a county bridge, the bridge shall be

maintained, kept in repair, and rebuilt, when necessary, by the

township or municipal corporation in which, or on the boundary

line of which it is located, without rendering the county liable

for the same.

Section 113. Subdivision (c) and Subdivision (d) heading of

Article XXII of the act are repealed:

[(c) Over Marshy or Swampy Grounds, Creeks,

Rivulets, Gullies, Canals and Railroads

Section 2210. Power to Make and Maintain.--The commissioners

of townships, in making and repairing the streets, shall make

and maintain within their township sufficient bridges over all

small creeks, rivulets, deep gullies, canals, and railroads,

where the same is necessary for the ease and safety of

travelers.

Such bridges over canals or railroads shall not obstruct the

railroad or canal over which it is built. Nothing in this

section shall release railroad or other companies or the

Commonwealth from the requirements of existing laws.

Section 2211. Damages.--In the construction and maintenance

of such bridges, all damages shall be awarded and benefits

assessed as part of the proceeding to lay out, open, make, or

repair the road of which the bridge is a part.

20190HB2073PN2927 - 346 -

(d) Over Streams, Railroads and Canals

on Township Boundaries]

Section 114. Section 2220 of the act is amended to read:

Section 2220. [Bridges on Division Line of Townships.--Where

a small creek or a railroad or canal, over which a bridge is

necessary, is on the boundary line of two townships, the bridge

shall be built and maintained at the joint and equal expense of

the townships, by their respective commissioners or supervisors,

in the manner directed by this act in the case of streets or

roads which may be the division line of townships.] Boundary

Bridges.--(a) If a bridge crosses the boundary line of a

township and another municipal corporation, the township may

enter into an intergovernmental cooperation agreement in

accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to

intergovernmental cooperation) with the municipal corporation

for the construction and maintenance of the bridge and for

apportionment of the costs.

(b) If an amicable agreement on the proportionate share of

costs of construction, maintenance and repair of boundary

bridges cannot be executed, the board of commissioners or the

governing body of the other municipal corporation involved may

petition the court of common pleas of the county or counties for

a determination of the rights and responsibilities of the

respective municipal corporations involved.

Section 115. Sections 2221 and 2222 and Subdivision (e) of

Article XXII of the act are repealed:

[Section 2221. Bridges between Townships and

Municipalities.--Whenever a creek, railroad, or canal, over

which a bridge is necessary, is on the division line of a

township and a municipality, the township shall unite with such

20190HB2073PN2927 - 347 -

municipality in the construction and maintenance of such bridge

and pay an equal share of the expenses incident thereto.

Section 2222. Bridges over Railroad or Canal.--If a bridge

is built over such boundary railroad or canal by virtue of the

provisions of the preceding section of this act, such bridge

shall not obstruct the railroad or canal over which it is built.

Nothing in said section shall release railroad or other

companies or the Commonwealth from the requirements of existing

laws.

(e) Maintenance, Repair, and Rebuilding

of Bridges Built by County

Section 2225. Whenever a bridge, or part thereof, has been

built by the county, or the whole or part of the money necessary

to build it has been furnished by the county, and the bridge has

not been entered on record as a county bridge, such bridge shall

be maintained, kept in repair, and rebuilt, when necessary, by

the township or townships in which, or on the boundary line of

which, it is located, without rendering the county liable for

the same.]

Section 116. Sections 2301, 2302, 2303 and 2304 of the act

are amended to read:

Section 2301. Power to Lay Out[, Ordain and Establish

Grades.--Townships may lay out, ordain and establish sidewalks

along any street, including State highways and county roads, and

may establish grades for such sidewalks, which grades may be

separate and apart from the grade established for the street or

highway, and, for this purpose, any township may acquire land by

purchase, gift, or by the right of eminent domain.] and

Establish Grades.--Townships may, by ordinance, lay out and

establish sidewalks, curbs, gutters and surface water drains

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along any street and, with the consent of the Secretary of

Transportation, along any State highway, and with the consent of

the county commissioners, along any county road. Townships may

establish grades for the sidewalks, which grades may be separate

and apart from the grade established for the street or highway.

For the purposes of this section, any township may acquire land

by purchase, gift, or by the right of eminent domain.

Section 2302. Width.--The width of any sidewalk shall be

fixed by the [township] board of commissioners either by

ordinance or resolution.

Section 2303. Paving and Curbing Sidewalks.--[Townships may,

upon such notice as may be provided by ordinance, require owners

of property abutting on any street, including State highways and

county roads, to construct, pave, curb, repave and recurb the

sidewalks along such property with such materials, at such

grades and under such regulations as may be prescribed by

ordinance, and upon failure of such owners to comply with such

notice, or without notice to the property owners as above

provided, the townships shall in either case have power to cause

the same to be done by the township, and to levy and collect the

cost thereof from such owners of property abutting such

sidewalk. All reconstruction, repaving and recurbing may be

provided for in the ordinance providing for the original

construction, paving and curbing, without the necessity for

adopting a new ordinance providing for such reconstruction,

repaving and recurbing.

The cost of any such grading, paving, curbing, repaving and

recurbing shall be a lien upon the premises from the time of the

commencement of the work, which date shall be fixed by the

township engineer and shall be filed with the township

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secretary. Any such lien may be collected by action in assumpsit

or by lien filed in the manner provided by law for the filing

and collection of municipal claims.

The cost of any such paving, curbing, repaving and recurbing

may, in any case, be borne in whole or in part by the township.

No sidewalks shall be established and constructed upon any

State highway without the consent of the State Department of

Highways, or upon any county road without the consent of the

county commissioners.] (a) Townships may, upon notice as

provided by ordinance, require owners of property abutting on

any street, including State highways and county roads, to

construct, grade, pave, curb, repave and recurb the sidewalks

along the property under regulations and specifications

prescribed by ordinance. All reconstruction, repaving and

recurbing may be provided for in the ordinance providing for the

original construction, paving and curbing, without the necessity

for adopting a new ordinance providing for the reconstruction,

repaving and recurbing.

(b) Upon the failure of any property owner to comply with

the notice under subsection (a), a township may cause the

construction, grading, paving, curbing, repaving and recurbing

to be done by the township itself, or by contract, and to levy

and collect the cost of the work from the property owner

abutting the sidewalk.

to subsection (b) may be levied against and collected from the

owner who failed to complete the work pursuant to notice to do

so, together with a penalty of ten percent of the costs and all

charges and expenses. The costs, penalties, charges and expenses

provided for shall be a lien upon the property for which the

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notice to do the work was given. The lien shall exist from the

time of the commencement of the work, which date shall be fixed

by the township engineer and certified to the township secretary

in accordance with section 1305. Any lien may be collected by

action in assumpsit or by lien filed in the manner provided by

law for the filing and collection of municipal claims or the

cost of any construction, grading, paving, curbing, repaving and

recurbing may be borne in whole or in part by the township. If

the township pays in part, the remaining cost shall be collected

as provided by this section.

(d) The following shall apply:

(1) Each notice shall be served upon the owner of the

premises to which the notice refers, if the owner is a resident

of the township. If the owner is not a resident, the notice may

be served upon the agent or tenant of the owner or upon the

occupant of the premises. If the owner has no agent or tenant or

there is no occupier of the premises, service shall be by notice

posted upon the premises.

(2) The notice required by this section shall specify a

period of time of not less than sixty days for the owner to

complete the specified work. If the work has not been completed

after the specified time has elapsed, the owner shall be deemed

to have failed to comply.

Section 2304. Repair of Sidewalks.--[The owner of the

abutting property shall keep the sidewalk, together with any

portion of his property paved and used as a sidewalk or public

walk, immediately in front of his property, in good order and

repair, and, at all times, free and clear of all obstruction to

safe and convenient passage, and free of any merchandise placed

there for display, if the removal thereof is ordered by the

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township commissioners. If the owner of any property neglects to

perform the duty so required of him, the township commissioners

may serve written notice upon him requiring him to do what is

necessary. If such property owner fails to comply with the

requirements of such notice within thirty days from the date of

its service, the township commissioners may make the necessary

repairs or remove any obstruction. The cost of the same,

together with a penalty of ten per centum, shall be paid by the

delinquent property owner, and may be collected by action of

assumpsit, or the township commissioners may file a municipal

lien against the property. The notice provided for in this

section may be served on the property owner by leaving the same

at his place of residence, or if he has no residence in the

township, then by posting the same on the premises and mailing a

copy thereof to the owner at his last known address.] (a) An

abutting property owner shall keep the sidewalk, together with

any portion of the property paved and used as a sidewalk or

public walk immediately in front of the property, in good order

and repair, and, at all times, free and clear of all obstruction

to safe and convenient passage.

(b) If the property owner neglects to perform the duty

imposed in subsection (a), the board of commissioners may serve

written notice upon the property owner pursuant to section

2303(d)(1) to do what is necessary. If the property owner fails

to comply with the requirements of the notice within thirty days

from the date of its service, the township may make the

necessary repairs or remove any obstruction. The cost of the

same, together with a penalty of ten percent, shall be paid by

the delinquent property owner, and may be collected by action of

assumpsit, or the township may file a municipal lien against the

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property.

Section 117. The act is amended by adding a section to read:

Section 2305. Emergency Repairs.--(a) A township may make

emergency repairs to sidewalks, within its corporate limits, if

an officer or designated individual representing the department

or committee in charge of repairs to sidewalks upon inspection

determines that a substantial and immediate danger exists to

public health, safety and welfare.

(b) The officer or individual shall prepare a written report

of those conditions which shall be conclusive evidence of the

existence of the emergency justifying the repair.

for townships in connection with emergency repairs of sidewalks.

(d) The following shall apply:

(1) A copy of the written report shall be served upon the

abutting property owner, along with a notice to make emergency

repairs to the sidewalk within forty-eight hours of service of

the notice and report.

(2) The notice and copy of the report shall be served

pursuant to section 2303(d)(1).

(3) The report shall expressly state that emergency repairs

are required.

(4) If the owner fails to make the emergency repairs within

the prescribed time, the township may make the emergency repairs

to the sidewalk.

(e) Upon the completion of any emergency repairs, the cost

of the repairs shall be a charge against the owner of the

abutting property and shall be a lien, until paid, upon the

abutting property, provided that a claim is filed for the lien

in accordance with the law providing for the filing and

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collection of municipal claims.

(f) The amount of the claim against the owner of the

abutting property may also be collected from the owner by an

action in assumpsit.

Section 118. Article XXIV heading of the act is amended to

read:

ARTICLE XXIV

SANITARY SEWERS AND DRAINS

Section 119. Sections 2401 and 2401.1 of the act are amended

to read:

Section 2401. Power to Establish and Construct Sewers and

Drains; Require Connections; Sewer Rentals.--[Townships may

establish and construct a system of sanitary sewers and

drainage, locating the same, as far as practicable, in the

center of the street or on either side of the cartway or of the

curb lines thereof in any street and may be for the service and

use of properties on both sides of the street or on only one

side of the street in which they are laid, as seems advisable to

the commissioners. The township commissioners may permit, and,

where necessary for the public health by ordinance, require any

owner of property benefited, improved or accommodated by

sanitary sewers, to make connections with such sewer or drainage

in such manner as the commissioners may order for the purpose of

discharge of such drainage or waste matter as the commissioners

may specify. The township commissioners may by penalties enforce

any regulation they may ordain with reference to any sanitary

sewer or drainage connections. All connections required shall be

uniform. All persons so connecting may be required to pay, in

addition to the cost of making such connections, a monthly or

annual rate prescribed by ordinance. Such monthly or annual rate

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shall constitute a lien, until paid, against the property so

connecting with such system, and the amount thereof may be

recovered by due process of law. All water utilities supplying

water to users within the boundaries of any township shall, at

the request of the township commissioners, furnish to the

township, on or before the fifteenth day of the month following

the month during which bills are issued, a list of all water

meter readings and flat-rate water bills and the basis for each

flat-rate water charge, so that the data may be used in

calculating a monthly or annual rate. The township is authorized

and empowered to pay to such utilities, reasonable amounts for

necessary clerical and other expenses incurred in the

preparation of such lists.] (a) Townships may establish and

construct a system of sanitary sewers and drainage, locating the

system, as far as practicable, in the right-of-way of the street

in any street and may be for the service and use of properties

on both sides of the street or on only one side of the street in

which they are laid, as seems advisable to the township

commissioners.

(b) The board of commissioners may, in accordance with

2401.1(a), permit, and, if necessary for the public health by

ordinance, require any owner of property benefited, improved or

accommodated by sanitary sewers, to make connections with the

sanitary sewer system in the manner specified by the board of

commissioners. All connections required shall be uniform.

regulations relating to the use and maintenance of the sanitary

sewer system and treatment works. Violations of the ordinance

may be enforced by penalties. The regulations may do all of the

following:

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(1) Specify materials and substances which may or may not

enter the public sewer or sewer system.

(2) Require that certain types or classes of waste be

subjected to treatment or to grinding or other reduction in size

before entering into the sewer.

(3) Restrict the quantity of waste material that may enter a

sanitary sewer from any premises within any time interval.

(d) (1) Each person whose property is connected to a

sanitary sewer system shall pay a monthly, quarterly, semiannual

or annual rate to the township, in addition to the cost of

making connections to the sanitary sewer system.

(2) The initial imposition of the rate under paragraph (1)

shall be established by ordinance. Any subsequent rate

adjustments may be by resolution provided that the ordinance

establishing the rate allows for future rate adjustments by

resolution adopted at a public meeting. This paragraph shall not

be construed to invalidate or void any rate imposed or adjusted

prior to the effective date of this paragraph.

(3) The rate under this subsection shall constitute a lien,

until paid, against the property connected to the sanitary sewer

system, and the amount thereof may be recovered by due process

of law through an action in assumpsit in the name of the

township against the owner of the property charged or by a lien

filed in the nature of a municipal lien.

(e) All water utilities supplying water to users within the

boundaries of any township shall, at the request of the board of

commissioners, furnish to the township, on or before the

fifteenth day of the month following the month during which

bills are issued, a list of all water meter readings and flat-

rate water bills and the basis for each flat-rate water charge,

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so that the data may be used in calculating sewer rates. The

township may reimburse utilities reasonable amounts for

necessary clerical and other expenses incurred in the

preparation of the lists.

(f) The term "sanitary sewer," as used in this article,

shall mean and include a sewer used for receiving and collecting

sewage matter and liquid waste from the inside of buildings and

structures, and, in those townships where there shall be what is

known as "combined sewers," receiving, in addition to such

sewage and liquid waste from the inside of buildings and

structures, storm, roof or surface drainage or any of them, the

term "sanitary sewer," as used in this article, shall include

such combined sewers.

(g) Nothing in this section shall be construed to repeal or

modify any of the provisions of [the Public Utility Law.] 66

Pa.C.S. (relating to public utilities).

(h) If required by other law, a township shall obtain the

consent and permit of the Department of Environmental Protection

or other Federal, State or county entity, including the

Pennsylvania Turnpike Commission, for the laying out and

construction of a sanitary sewer and treatment works.

Section 2401.1. [Sewer and Drainage Systems; Constructed by

any Municipality Authority; Connection by Owners; Enforcement.--

Whenever a sewer or drainage system is established or

constructed by any municipality authority within a township, the

township commissioners shall be empowered by ordinance to compel

all owners of property abutting on, or adjoining any street or

highway, in which such sewer or drainage system is located, to

make connection with such sewer or drainage system in such

manner as they may order for the purpose of discharge of such

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drainage or waste as they may specify. The township

commissioners may by ordinance impose penalties to enforce any

regulation or order they may ordain with reference to any sewer

or drainage connections.] Required Connection and Fees.--(a) A

township may, by ordinance, require a property owner to connect

with and use a sanitary sewer system established or constructed

by the township, joint sanitary sewer board or a municipal

authority serving the township if the property abuts on or

adjoins any street or highway along which the sewer system is

located or whose principal building is within one hundred fifty

feet from the sanitary sewer.

(b) (1) If an owner of property abutting on or adjoining or

whose principal building is within one hundred fifty feet from

the sanitary sewer fails to connect with and use the sanitary

sewer under subsection (a) for a period of sixty days after

notice to do so has been served by the board of commissioners,

either by personal service or by registered mail, the board of

commissioners or their agents may enter the property and

construct the connection.

(2) The board of commissioners shall send an itemized bill

of the cost of construction under paragraph (1) to the owner of

the property to which connection has been made, which shall be

payable immediately.

(3) If the owner fails to pay the bill under paragraph (2),

the board of commissioners shall file a municipal lien for the

cost of the construction. The township may also by ordinance

impose penalties to enforce regulations or orders in regards to

sewer connections.

collection, treatment or disposal facility, owned or operated by

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a township, a township may impose and charge the following to

property owners who desire or are required to connect to the

sanitary sewer system or who desire to increase their usages of

the system:

(1) A connection fee.

(2) A customer facilities fee.

(3) A tapping fee.

(4) Similar fees, as enumerated and defined by 53 Pa.C.S. §

5607(d)(24) (relating to purposes and powers).

Section 120. The act is amended by adding a section to read:

Section 2401.2. Notice of Contemplated Construction.--No

sanitary sewer system shall be constructed under this article

unless an ordinance of the board of commissioners authorizing

the construction is published once in a newspaper of general

circulation pursuant to section 110.

Section 121. Sections 2402 and 2403 of the act are amended

to read:

Section 2402. Location of Sanitary Sewers on Private

Property.--Where it is reasonably impracticable, in the judgment

of the [commissioners, in any part of such system, to carry such

sewers or drains along the lines of public streets or highways,

the commissioners may locate and construct so much of the same

as is necessary through private lands and may acquire the

necessary land or right of way for such purpose by gift,

purchase, or by the exercise of the right of eminent domain.]

board of commissioners, in any part of the sanitary sewer

system, to carry sanitary sewers along the lines of public

streets or highways, the board of commissioners may locate and

construct so much of the sanitary sewers as is necessary through

private lands and may acquire the necessary land or right of way

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for this purpose by gift, purchase or by the exercise of the

right of eminent domain.

Section 2403. Treatment Works and Facilities [Therefor].--

[The commissioners shall make the necessary provisions for the

disposition of the sewage and drainage within, or for carrying

the same beyond, the limits of the township; and, to this end,

they are hereby authorized to enter into contracts with other

municipalities, and other corporations or persons, to purchase,

acquire, enter upon, take, appropriate, occupy, and use such

lands, rights, and interests therein, within the corporate

limits of other townships or boroughs, as shall be necessary for

the proper location, construction, maintenance, use and

operation of sewer mains, drains, or treatment works, including

such lands, rights, and interests therein as shall be necessary

for future additions to and enlargements of such sewage or

drainage facilities, and as may be necessary to carry out the

plans and specifications upon which a permit has been issued by

the Secretary of Health, in accordance with law.] The board of

commissioners may acquire by eminent domain or enter into

contracts with other municipal corporations, corporations or

persons for the acquisition of lands or facilities for the

location, construction, maintenance, use and operation of

sanitary sewer systems and treatment facilities. Acquisitions

may be made for the purpose of future additions to and

enlargements of existing systems. The acquired land may be

located either inside or outside the boundaries of the township.

Any extension shall be in conformity with 26 Pa.C.S. § 206

(relating to extraterritorial takings) and any other applicable

requirement of 26 Pa.C.S. (relating to eminent domain).

Section 122. Sections 2404 and 2405 of the act are repealed:

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[Section 2404. Entry on Lands to Mark Sewer Routes;

Damages.--In the event of inability to agree with the owners,

either for the land necessary for so much of the line of sewers

and drains as are not located upon public roads, streets or

highways, or for so much land as is required for the disposition

of the sewage or drainage, the commissioners may enter upon said

land and mark thereon the route and width necessary for the

construction of the line of sewers or drains, or the boundaries

of so much land as is necessary for the disposition of such

sewage or drainage, and occupy the said land for such purposes.

For all damage done or suffered, or which accrues to the owner

or owners of such land, by reason of the taking of the same, the

funds of the township raised by taxation shall be pledged and

deemed as security. Such damages shall be determined by viewers

in the manner provided in this act for eminent domain

proceedings.

Section 2405. Enforcement of Judgment for Damages.--The

damages as awarded when the report of viewers is finally

confirmed shall be entered as a judgment, and, if the same is

not paid within thirty days after the entry thereof, execution

to enforce the collection thereof may be issued, as in other

cases of judgment against townships.]

Section 123. Sections 2406, 2407 and 2408 of the act are

amended to read:

Section 2406. Cost of Construction[; How Paid.--] and

Payment.--The cost of construction of any system of sanitary

sewers or drains, constructed by the authority of this

subdivision of this [act] article, may be charged upon the

properties benefited, improved or accommodated thereby to the

extent of [such] the benefits, or may be paid for wholly or

20190HB2073PN2927 - 361 -

partially by general taxation. Any amount not legally chargeable

upon properties benefited, improved or accommodated shall be

paid out of the general township fund.

Section 2407. Sewer Districts.--[Whenever a sewer system is

constructed by a township for the accommodation of a certain

portion only of the township, the commissioners of such township

may constitute the territory accommodated into a sewer district

or divide it into several sewer districts. In every such case of

division into several districts, the commissioners shall make an

estimate of the proportion of the cost of the sewer system which

should equitably be charged on each of said districts, and

declare and establish such apportionment by ordinance. No

district shall be charged with more than its due proportion of

the cost of the main sewers, pumping stations, treatment works,

et cetera, used jointly by more than one district. The aggregate

amount charged on property in any such district shall not exceed

the amount of such estimate. Where the whole of the township is

accommodated by the system, it may also be treated as a single

district or divided into districts, and be subject to the

foregoing provisions.] (a) When a sanitary sewer system is

constructed by a township for the accommodation of a certain

portion of the township, the board of commissioners may

designate the territory accommodated into a sewer district or

divide the portion into several sewer districts.

(b) The board of commissioners shall estimate the proportion

of the cost of the sanitary sewer system to be charged on each

of the districts and declare and establish the apportionment by

resolution and the following shall apply:

(1) No district shall be charged more than the district's

due proportion of the cost of a sanitary sewer system, or any

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part of the system, used jointly by more than one district.

(2) The aggregate amount charged on a property in any

district shall not exceed the amount of the estimate.

(3) Where the whole of the township is accommodated by the

sanitary sewer system, the township may be treated as a single

district or divided into districts, and be subject to the

provisions of this section.

Section 2408. [Manner of Assessment.--The charge for any

such sewer system construction in any township shall be assessed

upon the properties benefited, improved or accommodated in

either of the following methods:

(a) By an assessment, pursuant to township ordinance,

against each lot or piece of land benefited, improved or

accommodated by the sewer system according to the foot-front

rule, allowing such reduction in the case of corner properties

and unusually shaped properties or those properties benefited,

improved or accommodated by more than one sanitary sewer as the

ordinance may specify; the ordinance may provide for equitable

assessments or adjustments when special conditions exist where

an assessment for the full frontage would be unjust. The

secretary of the township shall cause thirty days' notice of the

assessment to be given to each party assessed, either by service

on the owner or his agent, or left on the assessed premises.

However, when the lot or piece of land is on a corner it shall

be assessed for its entire frontage abutting on any sewer except

when such property is a vacant lot or contains only a single

family dwelling in which case it shall be assessed along the

shorter frontage and assessed along the longer frontage abutting

on a sewer, commencing at a point no closer to the corner than

one hundred twenty-five feet. When a township shall have

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determined to assess properties in proportion to frontage, any

property benefited, improved or accommodated by the sanitary

sewer which shall not be lawfully subject to such manner of

assessment or as to which such manner of assessment shall not

reasonably measure the benefit to such property, shall be

assessed by the township in accordance with the method herein

provided in subsection (b) of this section 2408, but each such

benefited, improved or accommodated property shall be assessed

with not less than the whole amount of the benefit accruing to

it and legally assessable.

(b) By an assessment against the several properties

benefited, improved or accommodated by the sanitary sewer to the

extent of such benefits. The amount of the charge on each

property shall be ascertained as provided in this act for the

assessment of benefits.

When a township is divided into sewer districts, the

assessment in each district may be by different methods.]

Assessments.--Assessments, whether based according to benefits

conferred or by the front foot basis, and assessment awards, if

any, shall be calculated pursuant to Article XXV-A (relating to

assessments and charges for public improvements).

Section 124. Sections 2409, 2410 and 2411 of the act are

repealed:

[Section 2409. Procedure for Assessment of Benefits.--In all

cases where the township commissioners shall select the method

provided by subdivision (b) of the foregoing section, they shall

petition the court of common pleas for appointment of viewers to

assess benefits. In all cases where they shall neglect for a

period of three months after the completion of the sewer system

to either ordain assessments by frontage or present a petition

20190HB2073PN2927 - 364 -

for appointment of viewers, taxpayers of the township, whose

property valuation as assessed for taxable purposes within the

township shall amount to fifty per centum of the total property

valuation as assessed for taxable purposes within the township,

may present a petition to the court of common pleas of the

proper county for the appointment of viewers to assess benefits;

and in all cases where such taxpayers shall, within three months

of the adoption of any ordinance levying an assessment under the

method provided by subsection (a) of said section, by petition

state to said court that such assessment insufficiently

represents the benefits accruing to abutting properties, they

may include in such petition a prayer for the appointment of

viewers to assess benefits. In either case the said court shall

thereupon appoint three disinterested persons from the county

board of viewers, neither of whom shall be a resident of that

portion of the township which is accommodated by the sewer in

question, and the viewers so appointed shall proceed as provided

in this act for proceedings for the assessment of damages and

benefits by viewers. The aggregate of the assessments in any

sewer district shall not exceed the amount charged in such

district for its share of the cost of the sewer system

construction, unless the same shall, by petition of taxpayers,

whose property valuation as aforesaid shall amount to fifty per

centum of the total property valuation as assessed for taxable

purposes within the township, presented within three months

after the adoption of an ordinance providing for an assessment

by frontage, be stated to insufficiently represent the amount of

benefits to such properties, in which case the proceedings by

taxpayers authorized above shall be applicable. Upon the filing

of such a petition, by taxpayers as aforesaid, for appointment

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of viewers, any assessment made by the commissioners and any

proceedings thereunder shall be null and void.

Section 2410. Lien for Assessments; Costs of Proceedings.--

After the amount of the assessment charged upon the several

properties has been established, either by ordinance making

assessments according to frontage or by confirmation of any

report of viewers in whole or in part, it shall be the duty of

the township commissioners to file municipal liens for the

assessments covered by such ordinance or confirmation within the

time and in the manner provided by law; the same to be subject

in all respects to the general law providing for the filing and

recovery of municipal liens. The amounts of all assessments

shall be payable to the township treasurer for the use of the

township. The commissioners shall also make out bills for the

amounts charged against each property, which shall be forthwith

sent to all property owners residing in the township, and mailed

to all such owners residing elsewhere whose address is known.

The costs of publication of notices in proceedings before

viewers shall be paid by the township, upon presentation of

bills approved by the court.

Section 2411. Assessment of Property Outside Limits of

Townships for Sewers.--Whenever any sewer is located in any

street or highway dividing such township from any other

municipality or township located in the same county, the

property on the side of the street or highway outside the line

of such township, for a depth of one hundred fifty feet, shall

be assessed for sewers on such street or highway on which

property shall abut. Such assessment shall be made in the same

manner and in the same proceeding as is used for the assessment

of property within the township for such sewers.]

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Section 125. Sections 2415, 2420, 2425 and 2430 of the act

are amended to read:

Section 2415. [(a) Any township in which any person, firm,

or corporation, or other township or municipal corporation is

maintaining sewers and culverts with the necessary inlet and

appliances for surface and under surface and sewage drainage, or

in which any person or persons are maintaining a community

sewage collection or disposal system as herein defined, may

become the owner of such sewers, culverts, inlet, and

appliances, or the owner of such community sewage collection or

disposal system, by paying therefor not more than the actual

value of the same at the time of the taking by the township, or

by gift from the owner or owners thereof.

(b) In case the commissioners of the township cannot agree

with the owners of such sewers or sewage collection or disposal

system as to the price to be paid therefor, the commissioners

may enter upon and take possession of such sewers, culverts,

inlets and appliances or of such sewage collection or disposal

system. For all damage done or suffered, or which accrues to the

owner or owners of the sewer or sewage collection or disposal

system by reason of the taking of the same, the funds of the

township, raised by taxation, shall be pledged and deemed as

security, such damages to be determined by viewers in the manner

provided by this act for eminent domain proceedings. If any

sewer, sewer system or sewage collection or disposal system is

acquired by purchase under the provisions of this section, the

cost of such acquisition may be distributed or assessed in the

same manner as provided by this act in cases where a sewer or

drainage system is constructed by the township.

20190HB2073PN2927 - 367 -

collection or disposal system is all or part of a device or

devices, installed on any privately or publicly owned parcel of

land, intended to treat or dispose of the sewage or equivalent

volume of domestic sewage from two or more residences, buildings

or occupied parcels of land, or any system of piping used in

collection and conveyance of sewage or private or public

property.

(d) After a community sewage collection or disposal system

has been acquired under the provisions of this section by the

township, the commissioners shall have the power to enlarge such

system, if they deem it advisable. In such cases, the cost and

expenses of such enlargement may be distributed or assessed in

the same manner as if the enlargement was a regular sewer

constructed by the township under other provisions of this act.

(e) Whenever a community sewage collection or disposal

system is or shall have been established or constructed within a

township by a private owner or owners, and the township

commissioners are thereafter empowered, by ordinance, to acquire

the ownership of the sewage disposal system so established, or

when any such system has been enlarged by the township, such

acquisition and ownership shall be subject to the following

provisions of this subsection:

(1) When the person or persons having established or

constructed a community sewage collection or disposal system, or

when more than one-half the number of the owners of properties

which are connected with, have a right to use and are using a

community collection or disposal system, enter into an agreement

with the township for the acquisition of the system by the

township, such agreement shall be considered a valid agreement

by the owners of the sewage collection or disposal system and a

20190HB2073PN2927 - 368 -

transfer of ownership to the township.

(2) The township shall operate and maintain any sewage

collection or disposal system acquired and any enlargement or

addition thereto for the use of persons having acquired from the

township or from the former owner or owners the right to use the

system, and for the use of other owners of property accessible

thereto up to the capacity of the sewage collection or disposal

system.] Power to Acquire Community Sewage Collection or

Disposal Systems.--(a) A township may, by ordinance, acquire

ownership of a community sewage collection or disposal system by

purchase, the exercise of eminent domain pursuant to 26 Pa.C.S.

(relating to eminent domain) or by gift from the owner or

owners.

(b) In eminent domain proceedings, the viewers shall assess

the costs and expenses of the community sewage collection or

disposal system acquired by the township upon the property or

properties benefited according to benefits. Any deficiency that

is not assessed upon the benefited property or properties shall

be paid by the township.

has been acquired under this section by the township, the board

of commissioners shall have the power to enlarge the system if

they deem it advisable. The cost and expenses of the enlargement

may be distributed or assessed in the same manner as if the

enlargement was a regular sewer constructed by the township

under other provisions of this act.

(d) If a community sewage collection or disposal system is

established or constructed within a township by a private owner

or owners, and the board of commissioners are empowered by

ordinance to acquire the ownership of the sewage disposal

20190HB2073PN2927 - 369 -

system, or when the system has been enlarged by the township,

the acquisition and ownership shall be subject to the following

provisions:

(1) An agreement shall be considered a valid agreement by

the owners of the sewage collection or disposal system and shall

be a transfer of ownership to the township when any of the

following enter into an agreement with the township for the

acquisition of the system by the township:

(i) The person or persons having established or constructed

a community sewage collection or disposal system.

(ii) More than one-half of the number of owners of

properties which are connected with, have a right to use and are

using a community sewage collection or disposal system.

(2) The township shall operate and maintain any community

sewage collection or disposal system acquired or enlargement or

addition to a system for the use of the following:

(i) Persons having acquired from the township or from the

former owner or owners the right to use the system.

(ii) Other owners of property accessible to the system up to

the capacity of the community sewage collection or disposal

system.

(3) All persons whose property connects with the community

sewage collection or disposal system acquired or constructed by

the township shall pay to the township treasurer, a monthly,

quarterly, [semi-annual] semiannual or annual charge prescribed

by a resolution of the board of commissioners. The amount of the

charges shall not be in excess of the estimated amount necessary

to maintain and operate the system and to establish a reserve

fund sufficient for its future replacement.

(4) All sewer rentals or charges imposed by the board of

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commissioners against properties connected with a community

sewage collection or disposal system under [the provisions of]

this section shall constitute liens against the properties and

may be collected in the same manner as other sewer charges.

(5) All [moneys] money received from the sewer charges shall

be deposited as a special reserve fund[,] and shall be used only

for the payment of the cost of operating and maintaining the

community sewage collection or disposal system and the

replacement [thereof], if necessary and economically desirable.

If, at any time after the acquisition or enlargement of the

community sewage system, a regular sewer system is made

available by the township for connection with the properties

using the community sewage collection or disposal system, the

owners of [such] the properties shall be subject to the other

provisions of this act relating to sewers, and all money at that

time in the reserve fund which was received from charges for the

use of that particular community sewage collection or disposal

system[,] and which is over and above the amount expended for

the operation and maintenance of that particular sewage

collection or disposal system[,] shall be used towards the

payment of any sewer assessments charged against [such] the

properties under other sections of this act.

(e) The following words and phrases when used in this

section shall have the meanings given to them in this subsection

unless the context clearly indicates otherwise:

"Community sewage collection or disposal system." All or

part of a device or devices installed on any privately or

publicly owned parcel of land intended to treat or dispose of

the sewage or equivalent volume of domestic sewage from two or

more residences, buildings or occupied parcels of land, or any

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system of piping used in collection and conveyance of sewage on

private or public property.

(f) Nothing in this section may be construed to supersede

the requirements of the act of January 24, 1966 (1965 P.L.1535,

No.537), known as the "Pennsylvania Sewage Facilities Act."

Section 2420. [In any case where, under the authority of

section two thousand four hundred and one of this act, a system

of sewage and drainage covering any township in whole or in part

shall have been approved and authorized by ordinance, the

commissioners may enter into a contract with any responsible

individual or individuals or corporation for the construction of

such system of sewage or drainage at the expense of such

individual or individuals or corporation. He, they, or it shall

be entitled, under such contract, to exercise all the powers of

the township in the construction, maintenance, and operation of

such system of sewage or drainage, with the right to collect

such charges in connection therewith as the commissioners

prescribe, in as full manner as the same might have been

collected by the township or the commissioners. In such contract

the commissioners shall reserve to the township the right at any

time, after a prescribed time, to itself take possession of such

system of sewage and drainage, and its appurtenances, at a price

and upon terms to be fixed in the contract.] Contracts for Sewer

and Drainage Systems.--(a) In a case where, under the authority

of section 2401, a system of sewage and drainage covering a

township in whole or in part shall have been approved and

authorized by ordinance, the board of commissioners may enter

into a contract with any responsible individual or corporation

for the construction of a system of sewage or drainage at the

expense of the individual or corporation and the following shall

20190HB2073PN2927 - 372 -

apply:

(1) The individual or corporation shall be entitled under

the contract to exercise all the powers of the township in the

construction, maintenance and operation of the system of sewage

or drainage, with the right to collect fees connected to the

construction, maintenance and operation as the board of

commissioners prescribes, in as full manner as the fees might

have been collected by the township or the commissioners.

(2) In the contract the board of commissioners shall reserve

to the township the right at any time, after a prescribed time,

to take possession of the system of sewage and drainage, and the

system's appurtenances, at a price and upon terms to be fixed in

the contract.

(b) Nothing in this section shall be construed to repeal or

modify any of [the provisions of the Pennsylvania Public Utility

Law] 66 Pa.C.S. (relating to public utilities).

Section 2425. Cost of Construction.--Townships may construct

sanitary sewers and drains in any street or highway, or through

or on or over private property. The costs, damages, and expenses

of the construction of any [such] sanitary sewers or drains may

be paid for wholly or partially by general taxation, or may be

assessed upon the properties accommodated or benefited [in

either of the following methods:

(a) By an assessment, pursuant to township ordinance, of

each lot or piece of land in proportion to its frontage abutting

on the sewer, allowing such reduction in the case of properties

abutting on more than one sewer as the ordinance may specify. No

assessment by frontage shall be made on properties of such a

character as not to be lawfully subject to such manner of

assessment, and each abutting property shall be assessed with

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not less than its proportion, aforesaid, of the entire cost and

expense of such construction.

(b) By an assessment upon the several properties abutting on

the sewer in proportion to benefits. The amount of the charge on

which property shall be ascertained and the rights of taxpayers

conferred in connection therewith as provided in this act for

the assessment of damages and benefits by viewers.] pursuant to

Article XXV-A.

Section 2430. [Consent Necessary.--Townships may construct

sewers and drains in and under any county or State highway

within the township boundaries. In case of the construction of

sewers upon county highways, the consent of the county

commissioners of the county shall first be obtained; and in case

of the construction of sewers upon any State highway, the

consent of the State Department of Highways shall first be

obtained.] State and County Highways and Consent Required.--(a)

A township may construct a sanitary sewer and drain in or under

any State or county highway within the township boundaries.

(b) (1) For the construction of a sanitary sewer in or

under a county highway, the consent of the county commissioners

of the county shall be obtained.

(2) For the construction of a sanitary sewer in or under a

State highway, the consent of the Department of Transportation

shall be obtained.

Section 126. Section 2431 of the act is repealed:

[Section 2431. Assessment of Cost.--Whenever sewers have

been or shall be laid or constructed by any township in and

under such highways, such township may ascertain, levy, and

collect the costs and expenses of the construction thereof from

the abutting property holders by viewers, in accordance with

20190HB2073PN2927 - 374 -

provisions of this act relating to the assessment of damages and

benefits by viewers.]

Section 127. Subdivision (f) heading of Article XXIV and

section 2435 of the act are amended to read:

(f) Connecting with [Sewer of Adjoining

Municipality] Adjoining Sewer

Section 2435. [Connection by Agreement or Petition;

Appointment of Viewers.--Whenever any township shall desire to

connect with the existing sewer of any adjacent municipality,

the two municipalities so joining may enter into an agreement

for such purposes, or if no agreement has been reached between

such township and the adjacent municipality, then such township

shall proceed in the following manner:

An application shall be made by the board of commissioners to

the court of quarter sessions, setting forth the desire of the

township to connect with the sewer of the municipality. If the

court shall be of the opinion that such connection can be made

without impairing the usefulness of the existing sewer, it shall

appoint three viewers, who shall view the premises, and

investigate the facts of the case, and shall, in the manner

provided by this act for such proceedings, assess the

proportionate part of the expense of building the original sewer

upon the petitioning township, and shall fix the proportion of

the expense for repairs which the municipality and such township

shall thereafter bear and determine all other questions which

are likely to arise in connection therewith.] Connection by

Agreement or Petition and Appointment of Viewers.--(a) If a

township desires to connect with the existing sanitary sewer of

an adjacent municipal corporation or municipal authority for

either sewage collection or treatment purposes, the entities may

20190HB2073PN2927 - 375 -

enter into an agreement for this purpose. If no agreement has

been reached between the township and the adjacent municipal

corporation or municipal authority, the township shall proceed

as provided under subsection (b).

(b) An application shall be made by the board of

commissioners to the court of common pleas of the county where

the proposed connection is to be located, setting forth the

desire of the township to connect with the existing sanitary

sewer of the municipal corporation or municipal authority. If

the court determines that the connection can be made without

impairing the usefulness of the existing sanitary sewer, it

shall appoint three viewers who shall:

(1) View the premises and investigate the facts of the case.

(2) Assess the proportionate part of the expense of building

the original sanitary sewer upon the petitioning township.

(3) Fix the proportion of the expense for repairs which the

municipal corporation or municipal authority and the township

shall thereafter bear.

(4) Determine all other questions which are likely to arise

in connection with the sanitary sewer.

investigation under subsection (b) to the court, and the court

shall confirm the report within thirty days of the report's

submission unless exceptions are filed. Any interested party may

appeal the disposition of filed exceptions.

Section 128. Section 2436 of the act is repealed:

[Section 2436. Notice of Contemplated Construction; Protests

by Property Owners.--No sewer, system of sewers, or drains shall

be constructed under the provisions of this subdivision, unless

a resolution of the board of commissioners authorizing the same

20190HB2073PN2927 - 376 -

shall be published in a newspaper of general circulation

published in the county in which the township is situated once a

week for three successive weeks. If within twenty days after the

last publication, or at any time during the period of

publication sixty per centum of the total property owners within

the township, or the affected sewer district, if such district

has been constituted, shall sign, and file in the office of the

prothonotary of the court of common pleas of the county in which

the township is located, a written protest against the

construction of such sewer, sewer system, or drain, then the

construction authorized by such resolution shall not be

undertaken or proceeded with.]

Section 129. Subdivision (g) heading of Article XXIV and

section 2440 of the act are amended to read:

(g) Joint Sanitary Sewers and Drains

Section 2440. Building Joint Sewers.--[(a) Townships may

jointly with cities, boroughs or other townships build and

construct sewers, including trunk-line sewers or drains and

sewage treatment works, and may connect into such system

existing sewers, and may assess their respective portions of the

cost thereof, or so much thereof as may be legally assessable,

upon property benefited by the improvement as is provided in the

case of townships by sections two thousand four hundred eight,

two thousand four hundred nine, and two thousand four hundred

ten of this act. Any portion of the cost of such an improvement

not assessed or not assessable shall be paid by the respective

townships, cities, and boroughs joining as may be agreed upon.

(b) The townships, cities, and boroughs joining or

contemplating joining in any such improvement, in order to

facilitate the building of the same and securing preliminary

20190HB2073PN2927 - 377 -

surveys and estimates, may by ordinance provide for the

appointment of a joint sewer board composed of one

representative from each of the townships, cities, and boroughs

joining which shall act generally as the advisory and

administrative agency in the construction of such improvement,

and its subsequent operation and maintenance. The members of

such board shall serve for terms of six years each from the

dates of their respective appointments, and until their

successors are appointed. The board shall organize by the

election of a chairman, secretary, and treasurer. The several

townships, cities, and boroughs, may in the ordinances creating

the board, authorize the board to appoint an engineer, a

solicitor, and such other assistants as are deemed necessary;

and agree to the share of the compensation of such persons each

township, city, and borough is to pay. The members of the board

shall receive such compensation for attending meetings of the

board as shall be fixed in the budget, prepared by the board for

submission to, and adoption by, the several townships, cities,

and boroughs, as hereinafter provided, and the budget item

providing for the compensation to members for attending meetings

shall not exceed a total of two hundred and fifty dollars ($250)

per year, and no member shall be paid unless he actually

attends, and the fee for each such attendance shall be

stipulated, and the members, in addition thereto, shall be

entitled to actual expenses to be paid by the respective

townships, cities, and boroughs which such members represent.

regulations to govern its proceedings, and shall prepare and

suggest any practical measures and plans by means of which the

joint improvement may be carried to successful completion; and

20190HB2073PN2927 - 378 -

plan the future development of the system, so as to conform to a

general plan. It shall have power to prepare a joint agreement

or agreements for submission to and adoption by the several

townships, cities, and boroughs defining the advisory and

administrative powers of the board; setting forth the consents

of the several townships, cities, and boroughs to the proposed

improvement; the manner in which preliminary and final plans,

specifications, and estimates for the proposed improvement shall

be prepared and adopted; how proposals for bids shall be

advertised, and contracts let; the manner in which the costs of

the improvement and other incidental and preliminary expenses in

connection therewith, and the future cost of operation and

maintenance shall be equitably shared, apportioned, and paid;

and all such other matters including the preparation and

submission of annual and other budgets, as may be deemed

necessary or required by law, to carry the proposed improvement

to completion and to assure future maintenance and operation

thereof. But nothing herein contained shall authorize the board

to make any improvement or expend any public moneys which has

not first been authorized by all of the townships, cities, and

boroughs proceeding with the improvement.

(d) In any case where it shall be necessary to acquire,

appropriate, injure, or destroy private property, lands,

property, or material to build any such joint sewer improvement,

and the same cannot be acquired by purchase or gift, the right

of eminent domain shall vest in the township, city, or borough

where such property is located. In any case where it shall be

necessary to acquire, injure, or destroy property in any

territory not within the limits of any of the townships, cities,

or boroughs joining in the improvement; then the right of

20190HB2073PN2927 - 379 -

eminent domain shall be vested in any township, city, or borough

adjacent to such territory where such property is located.

Damages for any property taken, injured, or destroyed shall be

assessed as provided by the general laws relating to the

townships, cities, and boroughs exercising the right of eminent

domain; and shall be paid by the several townships, cities, and

boroughs joining in the same proportion as other costs of the

improvement.

(e) Each of the townships joining in any such improvement

shall have power to incur or increase its indebtedness, not

exceeding the constitutional limits, for the purpose of paying

its share or portion of the cost of such improvement in the

manner now provided by law for the incurring of indebtedness.]

(a) Pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to

intergovernmental cooperation), a township may contract with

another municipal corporation providing for the joint

construction or maintenance of sanitary sewer systems and for

joint construction onto existing sanitary sewer systems, and the

following shall apply:

(1) The agreement shall provide for the apportionment of

costs among the municipal corporations.

(2) The board of commissioners may assess the township's

respective portion of the costs, as may be legally assessable,

upon property benefited by the facilities pursuant to Article

XXV-A.

(3) Any portion of the cost not assessed or assessable shall

be paid by the respective municipal corporations under the

agreement.

(4) In addition to or in lieu of contracting with other

municipal corporations, townships may contract with municipal

20190HB2073PN2927 - 380 -

authorities for the purposes of this section.

(b) (1) The municipal corporations joining or contemplating

joining in any improvement, in order to facilitate the building

of the sanitary sewer system and in securing preliminary surveys

and estimates, may by ordinance provide for the appointment of a

joint sanitary sewer board composed of one representative from

each of the municipal corporations joining. The board shall act

as the advisory and administrative agency in the construction of

the improvement and its subsequent operation and maintenance.

(2) Members of the joint sanitary sewer board established

under paragraph (1) shall serve for terms of six years each,

from the date of the member's appointment until the member's

successor is appointed. The joint sanitary sewer board shall

organize by the election of a chairperson, secretary, and

treasurer.

(3) The municipal corporations may, in the ordinances

creating the joint sanitary sewer board, authorize the board to

appoint an engineer, a solicitor and other assistants as deemed

necessary and agree to the share of the compensation of those

persons each municipal corporation is to pay.

(4) The members of the joint sanitary sewer board shall

receive compensation for attending board meetings as established

in the budget that is prepared by the joint sanitary sewer board

and submitted to and adopted by the municipal corporations. The

members shall be entitled to actual expenses to be paid by the

respective municipal corporations the members represent.

regulations consistent with the requirements of this article to

govern its proceedings and shall prepare and suggest any

practical measures and plans by means of which the joint

20190HB2073PN2927 - 381 -

improvement may be carried to successful completion and plan the

future development of the system, so as to conform to a general

plan.

(2) The joint sanitary sewer board may prepare a joint

agreement or agreements for submission to and adoption by the

municipal corporations defining the advisory and administrative

powers of the joint sanitary sewer board and setting forth the

following:

(i) consent of the municipal corporations to the proposed

improvement;

(ii) the manner in which preliminary and final plans,

specifications and estimates for the proposed improvement shall

be prepared and adopted;

(iii) how proposals for bids shall be advertised and

contracts awarded;

(iv) the manner in which the costs of the improvement and

other incidental and preliminary expenses in connection with the

improvement and the future cost of operation and maintenance

shall be equitably shared, apportioned and paid; and

(v) all other matters, including the preparation and

submission of annual and other budgets, as may be deemed

necessary or required by law to complete the proposed

improvement and to assure future maintenance and operation

thereof.

(3) The joint sanitary sewer board may not make any

improvement or expend any public money which has not first been

authorized by all of the municipal corporations proceeding with

the improvement.

(d) (1) When it is necessary to acquire, appropriate,

injure or destroy private property to build a joint sanitary

20190HB2073PN2927 - 382 -

sewer system or improvement and the property cannot be acquired

by purchase or gift, the right of eminent domain shall vest in

the municipal corporation where the property is located.

(2) When it is necessary to acquire, injure or destroy

property in any territory not within the limits of any of the

municipal corporations joining in the improvement, the right of

eminent domain shall be vested in a municipal corporation

adjacent to the territory where the property is located subject

to 26 Pa.C.S. § 206 (relating to extraterritorial takings).

(3) Damages for any property taken, injured or destroyed

shall be assessed as provided by the laws relating to the

municipal corporation exercising the right of eminent domain and

shall be paid by the municipal corporations joining in the same

proportion as other costs of the improvement.

(e) Each township joining in an improvement shall have power

to incur or increase the township's indebtedness, not exceeding

constitutional limits, for the purpose of paying the township's

share or portion of the cost of the improvement in the manner

now provided by law for the incurring of indebtedness.

Section 130. Section 2441 and Subdivision (h) heading of

Article XXIV of the act are repealed:

[Section 2441. State Permit.--No such sewer or sewage

treatment plant shall be constructed until plans and

specifications have been submitted to the Sanitary Water Board

and approved in accordance with existing laws.

(h) Non-debt Revenue Sewer Bonds]

Section 131. (Reserved).

Section 132. Article XXV of the act is repealed:

[ARTICLE XXV

COLLECTION BY INSTALMENT OF THE COST OF

20190HB2073PN2927 - 383 -

STREET, CURB, SIDEWALK AND SEWER IMPROVEMENTS

Section 2501. Ordinances for Instalment Payments.--When any

township shall authorize the grading, sub-grading, or the

permanent paving and improvement of any streets, or parts

thereof, or the construction of curbs, sidewalks, or sewers, and

the entire cost, or any part thereof, shall be assessed against

the properties abutting on such improvement, whether by the foot

front rule or according to benefits, the board of commissioners

may provide in the ordinance that the assessment or any of them

may be paid in semiannual or annual instalments, and it may also

provide that sewer assessments may be paid in twelve monthly or

in quarterly instalments. Such instalments shall bear interests,

at a rate not exceeding six per centum, to be fixed by the board

of commissioners in the ordinance, commencing at such time as

may be fixed by ordinance.

Section 2502. Issue of Bonds.--In order to provide for the

payment of the cost and expenses of such improvement, the board

of commissioners may, from time to time, issue bonds, in sums

equal to the amount of assessments. The bonds shall bear the

name of the street to be improved, or the curbs, sidewalks, or

sewer to be constructed.

Section 2503. Sale of Bonds; Interest.--The bonds shall bear

interest at a rate not exceeding six per centum per annum,

payable semiannually or annually, as the ordinance shall direct;

and shall be negotiated at not less than par, and the proceeds

thereof applied solely to the payment of such improvement.

Section 2504. Entry of Liens.--Liens to secure the

assessments, or any part thereof, remaining due shall be entered

in the prothonotary's office of the county, in the same form and

collected in the same manner as municipal claims are filed and

20190HB2073PN2927 - 384 -

collected: Provided, however, That when any person has accepted

the monthly or quarterly payment plan for any sewer assessment,

as herein provided, no lien shall be filed for such assessment,

except upon a default in payment, as provided in section two

thousand five hundred six, as herein amended.

Section 2505. Assessments, Where Payable.--Such assessments

shall be payable at the office of the township treasurer, or

such other place as the ordinance shall provide, in semiannual

or annual instalments, and in the case of sewer assessments in

monthly or quarterly instalments, with interest at the rate

provided from the date from which interest is computed on the

amount of the assessments. The moneys so received by the

township shall be applied to the payment of such bonds and

interest thereon exclusively.

Section 2506. Default in Payment of Instalment.--In case of

default in the payment of any semiannual or annual instalment

and interest for a period of sixty days after the same shall

become due, the entire assessment and accrued interest shall

become due, and the township solicitor shall proceed to collect

the same under the general laws relating to the collection of

municipal claims.

In case of default in the payment of any monthly or quarterly

instalment, and interest of a sewer assessment for a period of

thirty days after the same shall become due, a lien shall be

filed for the balance due on such assessment and interest

accrued thereon. In no case shall a township lose its right to

file a lien for any sewer assessment by reason of its failure to

file the same within the time fixed by general law relating to

the filing of municipal liens for any sewer assessment which is

being paid under the instalment plan herein provided, and if any

20190HB2073PN2927 - 385 -

lien is filed after the time fixed by said general law for the

filing thereof because of default in the payment of any

instalment, such delayed filing is hereby validated, and the

lien of such assessment claim so filed shall be in full force

and effect from the time of such filing.

Section 2507. Payments in Full; Subdivisions of Property.--

Any owner of property against whom any such assessment has been

made may pay the same in full, at any time, with interest

thereon to the next semiannual or annual payment, and such

payment shall discharge the lien. If any owner shall subdivide

any property after the lien attaches, he may, in like manner,

discharge the same upon any subdivided portion thereof by paying

the amount for which such part would be liable.]

Section 133. The act is amended by adding an article to

read:

ARTICLE XXV-A

ASSESSMENTS FOR PUBLIC IMPROVEMENTS

Section 2501-A. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Front foot." The term includes, but is not limited to,

front linear foot, lot, parcel, dwelling unit or square foot.

"Public improvement." The term includes, but is not limited

to, the following:

(1) The building, paving, grading, rebuilding, repaving

and regrading of streets, sidewalks, curbs and gutters.

(2) The creation, extension and renovation of water

treatment, transmission, distribution and disposal systems.

(3) The creation, extension and renovation of sewage

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collection, transmission, distribution, treatment and

disposal systems.

(4) The creation, extension and renovation of storm,

surface and subsurface drainage systems.

(5) The construction, reconstruction and repair of

wharves and docks.

(6) The installation, maintenance or operation of

lighting that services the streets, sidewalks and other

public places within the township.

(7) The planting, transplanting, removal and protection

of shade trees.

Section 2502-A. Authority to assess.

(a) Authority.--Unless otherwise provided for in this

article, a township is authorized to assess all or any portion

of the costs of a public improvement against any properties that

are benefited by the public improvement.

(b) Payment of costs.--Unless otherwise provided in this

article, in addition to the authority to assess the cost of

public improvements against properties benefited either on the

front foot method or benefit conferred method of assessment, a

township may pay for the cost of public improvements, in whole

or in part, from the township general fund or from a special

township fund dedicated to that purpose.

pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating to

indebtedness and borrowing) for the purposes of funding the cost

and expense of making public improvements for which assessments

are made in accordance with this article, payments made on the

assessments must be applied to pay the debt service for the

indebtedness incurred for funding the cost and expense of making

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the public improvements.

(d) Assessment outside of township.--Property benefited,

improved or accommodated that is located outside the limits of

the township that constructed the public improvement may, if

located no more than 150 feet from the public improvement, be

assessed for the cost of the public improvement in the same

manner as the property would be assessed under the laws of this

Commonwealth if it were entirely located within the limits of

the township.

Section 2503-A. Method of assessment.

(a) Ordinance.--If the board of commissioners elect to

exercise the power to make assessments for a given public

improvement as authorized in section 2502-A, the board of

commissioners shall, by ordinance and in conformity with this

article, establish the method and procedure pursuant to which

assessments shall be made.

(b) Allocation of costs and expenses.--The following shall

apply:

(1) The board of commissioners may, by ordinance, make

the assessment by any means that results in fairly allocating

all or a portion of the costs and expenses of the public

improvement among all properties benefited by the improvement

in reasonable proportion to the benefits conferred upon each

property. The methods that may be used to make assessments in

accordance with this subsection may include, but are not

limited to:

(i) An equal assessment per front foot.

(ii) An assessment made by benefits conferred.

(2) Only one assessment method may be used in allocating

the costs for a particular public improvement unless a

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township is divided into districts for sanitary sewer or

water, in which case the assessment in each district may be

by different methods so long as the same assessment method is

used within a particular district.

(1) The cost to be collected shall be divided by the

total number of linear feet of street frontage of all

properties benefited.

(2) The assessment against each property shall be that

portion of the cost which is determined by multiplying the

dividend under paragraph (1) by the number of linear feet for

street frontage of that property.

(3) In the case of corner or irregularly shaped lots or

where special conditions exist, the board of commissioners

shall have the power and its duty shall be to provide for an

equitable adjustment, as necessary, to prevent an unjust or

excessive assessment.

(4) If the front foot method is used but is comprised of

other than linear feet, such as lots, parcels, dwelling units

or square feet, the formula in paragraphs (1) and (2) shall

be adapted to comport with the unit of lots, parcels,

dwelling units or square feet as applicable.

(d) Assessment of benefits conferred method.--In lieu of the

front foot method, the board of commissioners may elect to have

the benefits of public improvements assessed, in whole or in

part, upon property benefited, improved or accommodated by

assessing an equal assessment on the properties benefited,

improved or accommodated in proportion to the total cost of

construction of the improvement. The amount of the charge on

each property shall be determined by the board of commissioners.

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(e) Certificate of assessment.--The board of commissioners

shall issue a certificate of assessment when either assessing on

the front foot method or on the basis of benefits conferred upon

property benefited, improved or accommodated, duly certified

under the seal of the township and attested by the president of

the board of commissioners and secretary. The certificate of

assessment shall state the method of assessment used. The

certificate of assessment shall be prima facie evidence in any

suit for recovery of the same of the correctness and validity of

the assessment.

Section 2504-A. Petition for viewers by board of commissioners.

The board of commissioners may petition the court of common

pleas for the appointment of viewers to assess the total cost of

an improvement as set forth in this article. The viewers shall

assess the total cost of the improvement, or so much of the cost

as may be just and reasonable, upon the lands or properties

peculiarly benefited.

Section 2505-A. Petition for viewers by taxpayers.

(a) Petition.--Taxpayers of the township whose property is

being assessed for benefits for a public improvement may present

a petition to the court of common pleas stating that the

assessment insufficiently represents the benefits accruing to

abutting, benefited or accommodated properties. The petition may

include a request for the appointment of viewers to assess

benefits if at least 50% of the taxpayers whose parcels are

abutting, benefited or accommodated by the public improvement in

question join the petition or if taxpayers whose property

valuation as assessed for taxable purposes within the township

amounts to at least 50% of the total property valuation of the

properties being assessed for the public improvement join the

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petition. The petition must be presented within 90 days of the

issuance of the certificate of assessment.

(b) Viewers.--The court shall appoint three disinterested

viewers, none of whom shall be a resident of that portion of the

township that is benefited or accommodated by the public

improvement in question. The viewers shall proceed under this

part and 26 Pa.C.S. (relating to eminent domain) for the

assessment of damages and benefits by viewers. Upon the filing

of the petition by taxpayers for the appointment of viewers, any

assessment made by the board of commissioners and any

proceedings shall be stayed pending the disposition of the

petition by the court.

Section 2506-A. Notice of assessment.

(a) Personal notice.--After the amounts to be assessed

against the properties to be benefited by the public improvement

have been calculated pursuant to the method and procedures as

prescribed by ordinance, the township shall give personal notice

of the assessment to the owner of each property that is being

assessed. The notice shall also state that the owner has 30 days

from receipt of the notice to appeal the assessment. If a

certificate is required to be filed with the board of

commissioners relating to the public improvement as otherwise

provided in this act, a copy of the certificate shall accompany

the notice.

(b) Assessment effective.--An assessment made pursuant to

this article shall become effective 30 days after personal

notice is given by any of the following means:

(1) Personal service on the owner or the owner's agent.

(2) Certified mail, addressee only, return receipt

requested, to the owner at the owner's last known address.

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(3) Posting notice at or upon the property after

reasonable attempts to give personal notice pursuant to

paragraphs (1) and (2) have failed.

Section 2507-A. Benefits and damages.

In any proceeding in which damages to property are being

sought as a result of a public improvement for which an

assessment of benefits has been made, the excess of damages over

benefits, the excess of benefits over damages or nothing in case

the benefits and damages are equal, shall be awarded to or

assessed against the owner of land and property affected by the

public improvement. Damages shall be calculated pursuant to 26

Pa.C.S. (relating to eminent domain).

Section 2508-A. Payment of assessments in installments.

(a) Authorization.--An ordinance providing for a public

improvement, the expense of which is to be defrayed by an

assessment against properties benefited by the public

improvement, may authorize payment of the assessment in

installments. The ordinance shall:

(1) Set a time when the installment payments shall

commence.

(2) Specify the length of time over which the

installments may be extended. The period during which

installments may be paid shall not exceed the lesser of 10

years or the number of years equal to the period of maturity

of the bonds issued to fund the public improvement.

(3) Specify whether payments are to be made by equal

annual or more frequent installments.

(b) Interest rate.--The ordinance shall set forth the rate

of interest for the installments, which shall not be more than

6% per year unless a bond is issued for the improvement, in

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which case the maximum interest rate on the installment payments

shall be in accordance with section 9 of the act of May 16, 1923

(P.L.207, No.153), referred to as the Municipal Claim and Tax

Lien Law.

written installment agreement with each property owner that will

pay the assessment in installments, subject to the requirements

of the ordinance pertaining to the agreements and this article.

(d) Installments not paid.--If any of the installments

remain unpaid for 60 days after the installments have become due

and payable:

(1) The entire unpaid assessment, plus unpaid accrued

interest and any costs, shall be due and payable.

(2) The township may proceed to collect the installments

by filing a lien in the same manner as municipal claims are

filed under the Municipal Claim and Tax Lien Law or by

instituting a civil action.

(e) Advance payments.--A property owner upon whom an

assessment has been made may pay all or as many of the

installments before they are due, with interest and costs to the

due date of the next installment.

Section 2509-A. Collection of assessments.

(a) Authority.--The board of commissioners shall have the

power to authorize the township treasurer or other township

official to collect assessments.

(b) Procedure.--The following shall apply to the collection

of assessments:

(1) A township may collect an assessment that remains

unpaid for 60 days after personal notice was given pursuant

to section 2506-A unless an installment agreement has been

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entered into pursuant to section 2508-A.

(2) An assessment made under this article may be

collected in the same manner as municipal claims under the

Municipal Claim and Tax Lien Law or by instituting a civil

action against the owner of the benefited property.

(3) Interest on an unpaid assessment shall begin to

accrue from the time of completion of the improvement at a

rate not to exceed 6% per year unless a bond is issued for

the improvement, in which case the maximum interest rate

shall be pursuant to section 9 of the Municipal Claim and Tax

Lien Law.

(4) If a property owner has two or more lots against

which there is an assessment for the same improvement, all of

the lots may be embraced in one claim.

(5) Assessments, whether paid one time or by

installments, shall be payable at the office of the township

treasurer or any other place designated by ordinance.

Section 134. Article XXVI of the act is repealed:

[ARTICLE XXVI

REVOLVING FUND FOR STREET AND

SEWER IMPROVEMENTS

Section 2601. Special Tax; Bond Issue.--The several

townships are hereby empowered to levy and collect annually a

tax upon all property, taxable for township purposes, not to

exceed five mills on the dollar in any one year, for the purpose

of creating and maintaining a revolving fund, to be used by such

township in making permanent street, sidewalk, water lines, or

sewer improvements, and to pay contract prices for permanent

street, sidewalk, water lines, or sewer improvements, prior to

the collection of the cost and expense, or any part thereof,

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from the property owners adjoining or abutting thereon by such

townships under existing laws. Any such revolving fund may also

be begun by funds raised by the issuance of bonds of the

township, in the manner provided by law, for the making of

permanent street, sidewalk, water lines, and sewer improvements.

Section 2602. Repayments into Revolving Fund.--When the cost

and expense, or any part thereof, of the construction of any

permanent street, sidewalk, or sewer improvement, which has been

made under existing laws, and which has been aided in its

construction from the said revolving fund hereby provided for,

shall have been assessed and collected from the owners of the

property adjoining or abutting upon such improvement, it shall

be applied to the credit of the said revolving fund, to the

extent of the withdrawal therefrom for such purpose.]

Section 135. Article XXVII heading and section 2701 of the

act are amended to read:

ARTICLE XXVII

WATER SUPPLY [AND WATERWORKS]

Section 2701. [Contract with Water Companies and

Municipality; Development of Own Water Supply.--Townships may

contract with any adjoining municipality, owning a waterworks

system, or with a private company, for a supply of water for

public and private uses to be delivered into the lines of the

township at or near or within the boundaries thereof.

This section does not prohibit a contract between a township

and a municipality, or a private company, for the supply of

water in territory being supplied by any other private company.

A township shall have full power by contract to develop an

independent supply of water at any time, and it is not required

to purchase such water supply as the township shall need from

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either an adjoining municipality or private company.] Contracts

for Water Supply; Development of Own Water Supply.--(a)

Townships may contract with any adjoining municipal corporation

owning a water system, or with a municipal authority or a

private company, for a supply of water for public and private

uses to be delivered into the lines of the township at or near

or within the boundaries of the township.

(b) This section does not prohibit a contract between a

township and a municipal corporation, or a private company, for

the supply of water in territory being supplied by any other

private company.

water system and shall have full power by contract to develop an

independent supply of water at any time, and it is not required

to purchase a water supply needed by the township from either an

adjoining municipal corporation or from a private company.

Section 136. The act is amended by adding sections to read:

Section 2701.1. Public Utility Law Saved.--Nothing contained

in this article shall be construed to repeal or to supersede any

of the provisions of 66 Pa.C.S. (relating to public utilities).

Section 2701.2. Rates.--(a) For water supplied by the

township, the board of commissioners shall fix the rates charged

to users of water or to owners whose properties are connected to

the water system. The board of commissioners shall provide for

the collection of the water rates. The rates shall be in

addition to the cost of making any connections under section

2707. In the case of users outside the township, the fixing of

rates shall be subject to, and in accordance with, applicable

law and the rules and regulations of the Pennsylvania Public

Utility Commission.

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(b) The initial imposition of the rate imposed under

subsection (a) shall be established by ordinance. Any subsequent

rate adjustments may be by resolution provided that the

ordinance establishing the rate allows for future rate

adjustments by resolution adopted at a public meeting. This

subsection shall not be construed to invalidate or void any rate

imposed or adjusted prior to the effective date of this section.

Section 137. Sections 2702, 2703 and 2704 of the act are

amended to read:

Section 2702. [State Permit.--A township making such

contract may, by ordinance, provide and regulate and protect a

system of distribution of the water, after a certified copy of

the plans and surveys for such system, with a description of the

sources from which it is proposed to derive the supply, are

filed with the Department of Health and Water Power Resources

Board, and written permits for the construction of such system

obtained in accordance with existing law.] Distribution System;

State Permit.--A township entering into a contract for the

supply of water may, by ordinance, provide, regulate and protect

a system of water distribution after filing a certified copy of

the plans and surveys for the system, with a description of the

sources from which it is proposed to derive the supply, with the

Department of Environmental Protection and, if required by law,

other Federal or State entities, and written permits for the

construction of the system are issued in accordance with

existing law.

Section 2703. Occupation of Highways.--(a) In providing

for, regulating, [and] protecting and extending its system of

distribution of water, [the] a township may occupy streets,

roads or highways, and may take, injure or destroy private

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property as provided in this article. No highway under the

jurisdiction of the [State Department of Highways] Department of

Transportation shall be occupied until a permit [therefor] has

been obtained from the [State Department of Highways.]

department.

(b) Property belonging to or used as a cemetery [or], a

place of public worship, or any public or parochial school, or

other educational or charitable institution or seminary, shall

not be taken, injured or destroyed by virtue of this section.

Section 2704. Property Damages[, Bond by Township].--If the

compensation and damages arising from [such] the taking, injury

or destruction of private property cannot be agreed upon, the

township [may tender its bond as security to the party claiming

or entitled to any damages, or to the attorney or agent of any

absent person, or to the agent or other officer of a

corporation, or to the guardian or committee of any person under

legal incapacity. The condition of the bond shall be that the

township shall pay or cause to be paid such amount of damages as

the party shall be entitled to receive after the same shall have

been agreed upon or assessed in the manner provided in the

following sections of this article.

In case the party or parties claiming damages refuse or do

not accept the security so tendered, the township shall give the

party, his or their agent, attorney, guardian, or committee, at

least ten days' written notice of the time when the same will be

presented to the court of common pleas for approval.

Thereafter the township may present its bond to the court,

and when approved, the bond shall be filed in court for the

benefit of those interested. Recovery may be had thereon for the

amount of damages finally determined, if the same is not paid or

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cannot be collected by execution on the judgment in the issue

formed to try the question. Upon the approval of such security,

the township may enter into possession.] shall proceed pursuant

to 26 Pa.C.S. (relating to eminent domain).

Section 138. Section 2705 of the act is repealed:

[Section 2705. Appointment of Viewers.--In case the

compensation for damages accruing from such taking, injury or

destruction has not been agreed upon by parties in interest, the

court of common pleas, or any law judge thereof in vacation, on

application thereto by the township or any person interested in

the property, shall appoint three members of the board of

viewers of the county who shall assess the damages, as provided

in this act for eminent domain proceedings.]

Section 139. Sections 2706 and 2707 of the act are amended

to read:

Section 2706. [Water Districts; Application of Taxpayers.--

Whenever the taxpayers of any section of a township whose

property valuation, as assessed for taxable purposes within such

section, shall amount to fifty percent of the total property

valuation, as assessed for taxable purposes within such section,

shall, by petition, so request, the commissioners of such

township shall constitute such section into a water district or

divide it into several water districts. In every such case of

division into several districts, the commissioners shall

determine the proportion of the cost of the water system which

should equitably be charged on each of said districts and

declare and establish such apportionment by resolution. No

district shall be charged with more than its due proportion of

the cost of the main pipe lines used jointly by more than one

district.] Water Districts.--The board of commissioners may

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designate, define and create one or more water districts within

the township, and the board of commissioners shall determine the

proportion of the cost of the water system which shall be

equitably charged on each district and declare and establish the

apportionment by resolution. No district shall be charged with

more than its due proportion of the cost of the main pipe lines,

pumping stations or other parts of the water system used jointly

by more than one district.

Section 2707. [Connection to Water Supply System.--The

commissioners may require that abutting property owners of a

water supply system connect with and use the same except those

industries and farms who have their own supply of water for uses

other than human consumption. In case any owner of property

except those previously excepted abutting such water system

shall neglect or refuse to connect with and use said system for

a period of ninety days after notice to do so has been served

upon him by the commissioners, either by personal service or

registered mail, said commissioners or their agents, may enter

upon such property and construct such connection. In such case

the commissioners shall forthwith, upon completion of the work,

send an itemized bill of the cost of construction of such

connection to the owner of the property to which connection has

been made, which bill shall be payable forthwith, or the

commissioners may authorize the payment of the cost of

construction of connections in equal monthly installments; said

installments shall bear interest at a rate not to exceed seven

per centum per annum.] Connection to Water System.--(a) The

board of commissioners may, by ordinance, require that a

property owner connect with and use a water system of the

township or municipal authority or a joint water system in

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either of the following cases:

(1) Except as provided in subsection (b), if the nearest

property line is located within one hundred fifty feet of a

water system or any part or extension of the system.

(2) If the property has no supply of water which is safe for

human consumption.

(b) With respect for water supplied for human consumption, a

property owner who, after the effective date of this subsection,

is subject to mandatory connection pursuant to subsection (a)

(1), shall not be required to connect to the water system

pursuant to that subsection if all of the following conditions

exist:

(1) The water system or part or extension of the system that

is within one hundred fifty feet of the nearest property line

was in existence on the effective date of this subsection.

(2) The property has its own supply of water which is safe

for human consumption.

(3) Prior to the effective date of this subsection, the

property owner was not required to connect to the existing

system.

of water for uses other than human consumption through installed

and operating wells existing prior to the effective date of this

subsection may continue to use their preexisting wells for that

purpose but are required to use the water system of the township

or municipal authority to provide water for human consumption.

(d) A township may require any owner of property to install

and maintain a backflow prevention device based on the degree of

potential hazard of the connected property in accordance with

other applicable law.

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(e) A township may assess penalties for the violation of

ordinances pertaining to water connections or backflow

prevention devices.

(f) (1) A township may, by ordinance, impose and charge

certain fees to property owners who desire or are required to

connect to the water system owned or operated by the township, a

municipal authority or a joint water board or who desire to

increase their usage of the water system.

(2) The fees in paragraph (1) may be a connection fee, a

customer facilities fee, a tapping fee and other similar fees as

enumerated and calculated under 53 Pa.C.S. § 5607(d)(24)

(relating to purposes and powers).

(3) The tapping fee may include a reimbursement part as

provided in 53 Pa.C.S. § 5607(d)(24)(IV) to be refunded to the

private person or corporation who paid for the construction of

the water system or any part or extension thereof.

(g) (1) If any property owner required under subsection (a)

to connect with and use the system fails to do so within ninety

days after notice to do so has been served by the board of

commissioners, either by personal service or registered mail,

the board of commissioners or their agents may enter the

property and construct the connection.

(2) The board of commissioners shall send an itemized bill

of the cost of construction of the connection to the owner of

the property to which connection has been made, which bill is

payable immediately, or the board of commissioners may authorize

the payment of the cost of construction of connections in equal

monthly installments and the installments shall bear interest at

a rate not to exceed six per cent.

Section 140. Section 2708 of the act is repealed:

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[Section 2708. Connection to Water Supply System of

Municipality Authorities.--Whenever a water supply system is or

shall have been established or constructed by a municipality

authority within a township of the first class, the township

commissioners shall be empowered by ordinance, to compel all

owners of property abutting thereto to make connection

therewith. The commissioners may, by ordinance, impose penalties

to enforce any regulation or order they may ordain with

reference to any water connections. In case any owner, other

than those excepted in section 2707 of this act, of property

shall neglect or refuse to connect with said water system for a

period of ninety days after notice to do so has been served upon

him by the commissioners, either by personal service or by

registered mail, the commissioners or their agents may enter

upon such property and construct such connection. In such case,

the commissioners shall forthwith, upon completion of the work,

send an itemized bill of the cost of the construction of such

connection to the owner of the property to which connection has

been made, which bill shall be payable forthwith, or the

commissioners may authorize the payment of the cost of

construction of connections in equal monthly installments, to

bear interest at a rate not exceeding seven per centum per

annum.]

Section 141. Sections 2709 and 2709.1 of the act are amended

to read:

Section 2709. Cost of Connection; Where Payable.--The cost

of construction of connections shall be payable immediately at

the office designated by the [township] board of commissioners,

or if authorized by the board of commissioners, in monthly

installments, with interest from the date of completion of the

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construction of the connection.

Section 2709.1. Default in Payment of Installment.--In case

of default in the payment of any installment and interest for a

period of sixty days after the same [shall] has become due, the

entire cost of construction of the connection and accrued

interest shall become due[; and, the township solicitor shall

proceed to collect the same under the general laws relating to

the collection of municipal claims.] and the township may

collect the unpaid cost of construction of the connection and

accrued interest from the owner by a municipal claim or in an

action of assumpsit.

Section 142. Section 2709.2 of the act is repealed:

[Section 2709.2. Entry of Liens.--In case of neglect or

refusal by the owner of such property to pay said bill or in

case of installment payment, it shall be the duty of the

township commissioners to file municipal liens for said

construction within six months of the date of completion of the

construction of such connection, the same to be subject in all

respects to the general law providing for the filing and

recovery of municipal liens.]

Section 143. Subdivision (b) heading of Article XXVII and

sections 2710, 2711, 2712, 2701-A, 2702-A, 2703-A, 2704-A, 2705-

A, 2801, 2802, 2803, 2804, 2805, 2806, 2901, 2910, 2911, 2912,

3001, 3009, 3010, 3011, 3012, 3013, 3014, 3020, 3021, 3022,

3023, 3024, 3025, 3026, 3027 and 3027.1 of the act are amended

to read:

(b) [Construction, Acquisition and Maintenance of Waterworks

in Connection with Municipalities] Joint Water System

Section 2710. [Joint Maintenance of Works with

Municipality.--Any township may unite with a city, borough or

20190HB2073PN2927 - 404 -

township in the construction or acquisition and maintenance of

works for the supply of water.] Joint Construction, Acquisition

or Maintenance.--Any township may join with one or more

municipal corporations in the construction or acquisition and

maintenance of a water system.

Section 2711. [State Permits.--The construction of such

waterworks shall be commenced only after plans for such

waterworks have been filed with Department of Health and Water

and Power Resources Board and permits issued in accordance with

law.] Permits.--The construction of a water system shall be

commenced only after plans for the water system have been filed

with the Department of Environmental Protection and, if required

by law, other Federal or State entities and permits issued in

accordance with law.

Section 2712. [Commission of Waterworks.--Whenever any

township unites with a municipality in the construction or

acquisition and maintenance of waterworks, the commissioners of

such township, after the passage of an ordinance or resolution

to that effect, may join with the councils of such other

municipality and apply to the court of common pleas for the

appointment of a commission of waterworks. Such commission shall

be composed of citizens of each of the municipalities and

townships so uniting.] Joint Commission.--(a) The municipal

corporations joining in the construction or acquisition and

maintenance of a water system may, by ordinance, provide for the

appointment of a joint commission of a water system in order to

facilitate the construction, operation and maintenance of the

water system and to secure preliminary surveys and estimates.

(b) The joint commission shall act generally as the advisory

and administrative agency in the construction of the improvement

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and its subsequent operation and maintenance.

representative, or alternatively an equal number of

representatives, from each of the joining municipal

corporations. The members of the joint commission shall serve

for terms of six years each from the dates of their respective

appointments and until their successors are appointed.

(d) The joint commission shall organize by the election of a

chairperson, secretary and treasurer. The secretary and

treasurer may be the same person.

(e) The municipal corporations may, in the ordinances

creating the joint commission, authorize the joint commission to

appoint an engineer, a solicitor and other assistants as are

deemed necessary, and agree to share the compensation costs for

members who attend its meetings as shall be fixed in the budget

prepared by the joint commission and submitted to and adopted by

the joining municipal corporations. In addition to the agreed

upon compensation that a member receives for each attendance at

a meeting, members shall be entitled to actual expenses to be

paid by the respective municipal corporations that the members

represent.

Section 2701-A. Manufacture and Sale of Electricity.--Any

township may manufacture electricity by means of a hydroelectric

generating facility owned or operated by the township for the

use of the inhabitants of [such] the township. Any township

owning or operating a hydroelectric generating facility may make

contracts for the sale of electricity to persons engaged in the

business of the manufacture or sale of electricity.

Section 2702-A. [May Regulate] Regulation of Use and

Prices.--Any township furnishing electricity pursuant to this

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article may regulate the use of [said] electricity in dwellings,

business places and other places in [such] the township and the

rate to be charged for the [same] electricity.

Section 2703-A. Sale of Hydroelectric Generating

Facilities.--[By ordinance, a township may sell all or part of

its hydroelectric generating facilities to a purchaser for such

sale price as the parties may agree upon, and thereafter for all

purposes that price shall be deemed to be the purchaser's

original cost less accrued depreciation of the plant at the date

of purchase.] A township may sell, by ordinance, all or part of

its hydroelectric generating facilities to a purchaser for the

sale price as the parties may agree upon.

Section 2704-A. Construction or Purchase of Hydroelectric

Generating Facilities.--Any township may construct or purchase

facilities [for the purpose of manufacturing electricity by

hydroelectric generation. Any township may purchase a

hydroelectric generating facility at such price as may be agreed

upon by the township and the person, copartnership or a majority

of the stockholders of a corporation that owns such facilities.]

to manufacture electricity by hydroelectric generation. Any

township may purchase a hydroelectric generating facility at the

price agreed upon by the township and the person, partnership or

a majority of the stockholders of a corporation that owns the

facilities.

Section 2705-A. Submission to Electors.--Before any township

[shall construct or purchase] constructs or purchases a

hydroelectric generating facility, the question of the increase

of the debt of the township shall first be submitted to the

qualified voters of the township in the manner provided by law

for the increase of indebtedness of municipal corporations.

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Section 2801. [Town Hall.--The commissioners of townships

may procure a suitable lot of ground, and erect a suitable

building thereon for a townhouse in which to hold elections,

store road machinery, hold meetings of township officers, and

for other township uses. For the purpose of procuring a lot of

ground and erecting a town hall, the commissioners may borrow

money at a rate of interest not exceeding six per centum and

issue bonds therefor.] Township Buildings.--The board of

commissioners may procure by purchase, gift, exchange or the

exercise of eminent domain a lot or lots of ground located

within the township, and erect or use buildings thereon for

township purposes.

Section 2802. [Unloading and Warehouses.--The commissioners

may purchase or lease land adjacent to the tracks or right of

way of any railroad or street railway, within or without the

limits of such township, and erect thereon suitable unloaders,

warehouses, or other buildings as may be necessary for

unloading, handling, and storing road materials and supplies.]

Garages and Warehouses.--The board of commissioners may purchase

or lease land inside or outside the limits of the township, and

erect garages, warehouses or other buildings as may be necessary

for handling and storing equipment, materials and supplies.

Section 2803. Appropriation of Property.--[Townships may

enter upon and appropriate private property and also land

heretofore granted or dedicated to public or other use within

the limits of such township, and which is no longer used for the

purpose for which the same was granted or dedicated, for the

erection thereon of a town hall, fire house, lockup, and such

other public buildings as are necessary for public purposes.

No land or property used for any cemetery, burying ground,

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public or parochial school, educational or charitable

institution, seminary, or place of public worship shall be taken

or appropriated by virtue of any power contained in the

preceding paragraph.] (a) Townships may enter upon and

appropriate private property and also land previously granted or

dedicated to public or other use within the limits of the

township, and which is no longer used for the purpose for which

the same was granted or dedicated, for the erection thereon of a

municipal building, fire house, lockup, and other public

buildings as are necessary for public purposes.

(b) Notwithstanding subsection (a), no land or property used

for any cemetery, burying ground, public or parochial school,

educational or charitable institution, seminary, or place of

public worship shall be taken or appropriated.

Section 2804. Ordinance of Commissioners.--Whenever the

[commissioners desire to acquire, enter upon, take, use, and

appropriate private property or lands for public buildings, they

shall declare such intention by an ordinance duly enacted.]

board of commissioners desire to acquire, enter upon, take, use,

and appropriate private property or lands for public buildings,

they shall declare their intention by ordinance.

Section 2805. Assessment of Damages.--The compensation and

damages arising from [such taking, using, and appropriating of

private property for such purposes shall be considered,

ascertained, determined, awarded, and paid in the manner

provided in this act for eminent domain proceedings.] taking,

using and appropriating of private or public property for

township purposes shall be pursuant to 26 Pa.C.S. (relating to

eminent domain).

Section 2806. Use of Public Lands Acquired for other

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Purposes.--Whenever the [commissioners desire to take any lands

heretofore granted or dedicated to a use or purpose for which

they are no longer used, they shall pass an ordinance declaring

such intention, and shall thereupon petition the court of common

pleas for leave to file the bond of such township for the

purpose of securing any person or persons who may be injured by

the taking of such lands. The court shall thereupon direct

notice to be given by publication in at least two newspapers of

the county. If no exceptions are filed to the bond on or before

the day fixed in the notice, the court shall approve the same.

The court may increase the amount of the bond, and hear and

determine all exceptions that are filed against the approval

thereof. Upon the approval of such bond, the commissioners may

enter upon and take such lands for the purposes of erecting

public buildings. The bond, which shall be in the name of the

Commonwealth, for the use of any person or persons who are

entitled to damages by reason of the taking of the lands, shall

remain on file for their use and benefit. In case the

compensation for damages accruing from any such appropriation

has not been agreed upon by the parties in interest, the same

may be assessed by viewers in accordance with the provisions of

this act for the assessment of damages in eminent domain

proceedings.] board of commissioners desire to take any public

lands previously granted or dedicated to a use or purpose for

which they are no longer used, the board of commissioners shall

pass an ordinance declaring its intention, and shall petition

the court of common pleas for leave to file the bond of the

township to secure any person or persons who may be entitled to

compensation for the taking. The court shall direct notice to be

given by publication in at least one newspaper of general

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circulation pursuant to section 110. If no exceptions are filed

to the bond on or before the day fixed in the notice, the court

shall approve the same. The court may increase the amount of the

bond, shall hear and determine all exceptions that are filed

against the petition and the sufficiency of the bond and may

grant or deny the request of the petition. Upon the granting of

the petition and the approval of the bond, the board of

commissioners may enter upon and take the lands for the purposes

of erecting public buildings. The bond, which shall be in the

name of the Commonwealth for the use of any person or persons

who are entitled to damages by reason of the taking of the

lands, shall remain on file for their use and benefit.

Section 2901. [Every township shall have power, by

ordinance, to regulate and license each and every transient

retail business, within such township, for the sale of goods,

wares or merchandise, and to prohibit the commencement or doing

of any such business until or unless the license required by

such ordinance has been procured from the proper authorities by

the person, firm, or corporation desiring to commence such

transient retail business; and to enforce such ordinances by

penalties, not exceeding three hundred dollars or by other

appropriate means. The amount of any such license shall not

exceed two hundred dollars for each month or fractional part

thereof, during which any such sale is continued.

Nothing contained in this section shall be construed to apply

to (1) farmers selling their own produce, or (2) to the sale of

goods, wares, and merchandise, donated by the owners thereof,

the proceeds whereof are to be applied to any charitable or

philanthropic purpose, or (3) to any manufacturer or producer in

the sale of bread and bakery products, meat and meat products,

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or milk and milk products.] Licensing Transient Retail

Business.--(a) A township may, by ordinance, regulate and

license transient retail merchants engaged in any transient

retail business within the township. The ordinance may prohibit

the commencement or doing of any transient retail business until

or unless the license required by the ordinance has been

obtained from the township by the person, firm or corporation

desiring to commence the transient retail business. The

ordinance may be enforced by penalties, not exceeding three

hundred dollars for a violation of its provisions and may

provide for other means of enforcement.

(b) The board of commissioners may establish license fees

for businesses regulated under this section. The license fees

shall bear a reasonable relationship to the cost of

administering the ordinance and regulating, inspecting and

supervising each business.

apply to any of the following:

(1) farmers selling their own produce;

(2) any person selling personal property, donated by the

owners, if the proceeds of the sale are to be applied to a

charitable or philanthropic purpose; or

(3) any manufacturer or producer in the sale of bread and

bakery products, meat and meat products, or milk and milk

products.

Section 2910. [Agents for Licensed Dealers not to be

Licensed.--It shall be unlawful for any township to levy any

license fee or mercantile tax upon any persons taking orders for

merchandise, by sample, from dealers or merchants for

individuals or companies who pay a license or mercantile tax at

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their chief places of business. Nothing in this section shall

authorize any person to sell by retail to other than dealers or

merchants.] Persons Taking Orders by Samples.--A township may

not impose, levy or collect a license fee or mercantile tax upon

a person that takes, by sample, from a dealer or merchant an

order for merchandise on behalf of an individual or company that

pays a license fee or mercantile tax at the individual's or

company's chief place of business. Nothing in this section shall

authorize a person to sell by retail to a person other than a

dealer or merchant without payment of a license or permit fee.

Section 2911. [Insurance Agents and Brokers not to be

Licensed.--It shall be unlawful for any township to impose or

collect any license fee upon insurance companies, or their

agents, or insurance brokers, authorized to transact business

under the Insurance Laws of this Commonwealth.] Insurance

Business.--A township may not impose or collect a license fee

upon an insurance company, including an agent, or an insurance

broker, authorized to transact business under the act of May 17,

1921 (P.L.682, No.284), known as "The Insurance Company Law of

1921."

Section 2912. License Fees on Residents not to Exceed those

on Nonresidents.--[It shall be unlawful for any township to

impose by ordinance, or exact or collect under the provisions of

any ordinance heretofore or hereafter enacted, any license tax

or fee upon or from any manufacturer, or the agent,

representative, or employe of any manufacturer, who is a

resident of the Commonwealth, for soliciting orders for or for

selling any goods, merchandise, or wares manufactured within

this Commonwealth that is not or cannot legally be imposed upon

or enacted or collected from any manufacturer or dealer, or the

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agent, representative, or employe of any manufacturer, who is a

nonresident of the Commonwealth, for soliciting orders for or

for selling any goods, merchandise, or wares manufactured

without the Commonwealth.] A township may not enact an ordinance

imposing a license fee upon a manufacturer, including an agent,

representative, or employe of any manufacturer, who is a

resident of the Commonwealth and solicits orders for or sells

personal property manufactured within this Commonwealth if the

township could not legally impose the same license fee upon a

manufacturer, including an agent, representative or employee,

that is a nonresident of the Commonwealth and solicits orders

for or sells personal property manufactured outside this

Commonwealth.

Section 3001. Acquisition of Lands and Buildings.--(a)

Townships may, separately or jointly, by ordinance dedicate and

set apart lands not dedicated to other public uses or purposes,

and may enter upon, appropriate, and acquire[,] by gift, devise,

purchase, lease or otherwise, private property[,] for the

purpose of making, enlarging, and maintaining public parks,

recreation areas and facilities.

[Townships may construct and equip new facilities upon such

lands and may levy and collect such taxes or special taxes as

may be necessary to pay for the same and make appropriations for

the construction, improvement, maintenance, care, regulation and

government of the same. All the costs and expenses relative to

any such property required by two or more townships jointly

shall be paid by the respective townships in such proportions as

may be agreed upon by the commissioners thereof.

Townships may likewise acquire private property within the

limits of another township, borough or city for the purpose

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designated in this section, if the other township, borough or

city shall by ordinance signify its consent thereto.]

(b) Townships may construct and equip new facilities upon

such lands and may levy and collect general taxes, or special

taxes pursuant to section 1709(a)(9), as necessary to pay for

the same and may make appropriations for the construction,

improvement, maintenance, care, regulation and government of the

same.

private property within the limits of another municipal

corporation for the purposes designated in this section without

the consent of the governing body of the municipal corporation

in which the property is located.

Section 3009. Creation of Recreation Board.--(a) Townships

may improve, maintain, and regulate public parks, recreation

areas, and facilities and conduct recreation programs.

[The authority to supervise, maintain and regulate parks,

recreation areas and facilities may be vested in any existing

body or board or in a park board or recreation board, as the

township commissioners may determine. The township commissioners

may equip, operate and maintain the parks, recreation areas and

facilities as authorized by this act and shall for the purpose

of carrying out the provisions of this act, employ play leaders,

recreation directors, supervisors, superintendents, or any other

officers or employes as they deem proper.

If the township commissioners shall determine that the power

to equip, operate and maintain parks, recreation areas and

facilities shall be placed in a recreation board, such board

shall possess all the powers and be subject to all the

responsibilities of the commissioners under this article. In

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such case, the recreation board shall exercise its powers and

duties in establishing standards, qualifications and salary

schedules, to be approved by the commissioners, for all

classifications of recreation employes. Whenever boroughs,

cities, counties, townships, school districts, or any of them,

wish to develop a cooperative plan of recreation service with a

township, the recreation board shall have the power to adjust

the personnel, standards, qualifications and salary schedules as

established, to be approved by the commissioners, to meet the

terms of a joint operation agreed upon.]

(b) The authority to supervise, maintain and regulate parks,

recreation areas and facilities may be vested in any existing

body or board or in a park board or recreation board, as the

board of commissioners may determine. The board of commissioners

may equip, operate and maintain the parks, recreation areas and

facilities as authorized by this act and shall for the purpose

of carrying out the provisions of this act, employ any officers

or employees as they deem proper.

to equip, operate and maintain parks, recreation areas and

facilities shall be exercised by a recreation board, the board

of commissioners may, by ordinance, establish in the township a

recreation board which shall possess those powers and duties as

may be delegated to it by ordinance.

Section 3010. Composition of Park or Recreation Boards.--

[Park or recreation boards, when established, shall consist of

five or seven persons, and when established in a township having

a school board, two of the members shall be members or

appointees of the school board. The other members of such boards

shall be appointed by the commissioners of such township. The

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members of the board shall serve for terms of five years or

until their successors are appointed, except that the members of

such board first appointed shall be appointed for such terms

that the terms of not more than two members shall expire

annually thereafter. Members of such board shall serve without

pay. All persons so appointed shall serve their full terms

unless they shall voluntarily resign or be removed by the

township commissioners for malfeasance or nonfeasance of duty.

Vacancies in such board, occurring otherwise than by expiration

of term, shall be filled for the unexpired term, in the same

manner as original appointments.] (a) Park or recreation

boards, when established, shall consist of five or seven persons

who are residents of or property owners in the township and

shall be appointed by the board of commissioners.

(b) The members of the park or recreation board shall serve

for terms of five years or until their successors are appointed,

except that the members of the board first appointed shall be

appointed for staggered terms so that the terms of no more than

two members shall expire annually thereafter.

(d) All persons appointed to the board shall serve their

full terms unless they shall voluntarily resign or be removed by

the board of commissioners for malfeasance or nonfeasance of

duty. Vacancies in the board, occurring other than by expiration

of term, shall be filled for the unexpired term, in the same

manner as original appointments.

Section 3011. Organization of Park or Recreation Boards;

[Powers and Duties Delegated to the Board by the

Commissioners.-- The members of a park board or recreation

board, established pursuant to this article, shall elect their

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own chairman and secretary and select all other necessary

officers, to serve for a period of one year, and may employ such

persons as may be needed as authorized by this article. Such

board shall have power to adopt rules and regulations for the

conduct of all business within their jurisdiction. Its

jurisdiction shall include the right to select, employ and

discharge all recreation personnel used to carry out the

provisions of this article. It shall be the duty of the

recreation board and its executive to submit an annual report to

the township commissioners, including an analysis of the

community recreation areas, facilities and leadership, with

particular reference to the extent and adequacy of the program

and its effectiveness in view of the public expenditure involved

and the public needs to be met.] Delegated Powers and Duties.--

The members of a park board or recreation board established

pursuant to this article shall elect their own chairperson and

secretary and select all other necessary officers to serve for a

period of one year. The park or recreation board may, if

delegated, select, employ or discharge persons as may be needed

as authorized by this article. The board shall have power to

adopt rules and regulations for the conduct of all business

within its jurisdiction unless otherwise provided by the

ordinance establishing the board. The board shall submit an

annual report to the board of commissioners, including an

analysis of the community recreation areas, facilities and

leadership, with particular reference to the extent and adequacy

of the program and its effectiveness in view of the public

expenditure involved and the public needs to be met.

Section 3012. Maintenance and Tax Levy.--[All expenses

incurred in the maintenance and operation of such parks,

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recreation areas and facilities, established as herein provided,

shall be payable from the treasury of such township or borough,

city, county or school district, as may be provided for by the

agreement of the corporate authorities. The township

commissioners of such township may annually appropriate and

cause to be raised by taxation an amount necessary for the

purpose of maintaining and operating the parks, recreation areas

and facilities and programs. The township commissioners may

cause to be raised by special taxation such tax, for the purpose

of maintaining and operating the parks, recreation areas and

facilities and the programs thereon.] (a) All expenses incurred

in the maintenance and operation of parks, recreation areas and

facilities established under this article shall be payable from

the treasury of the township or from the treasury of the

applicable political subdivisions pursuant to an

intergovernmental cooperation agreement.

(b) The board of commissioners may annually appropriate and

raise by general or special taxation an amount necessary for the

purpose of maintaining and operating the parks, recreation areas

and facilities and programs.

Section 3013. Joint Ownership and Maintenance.--[Townships

may, jointly with cities, counties, boroughs, other townships of

either class, or any combination or number of such units,

acquire property for, operate and maintain, any parks, public

recreation areas and facilities. Any school district may join

with the township in equipping, operating and maintaining parks,

public recreation areas and facilities and may appropriate money

therefor.] (a) Any township may join or create, with one or

more municipalities, a joint recreation board in accordance with

53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

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cooperation). The joint recreation board may acquire property

for and operate and maintain, any parks, public recreation areas

and facilities. Any school district may join with the township

in equipping, operating and maintaining parks, public recreation

areas and facilities and may appropriate money therefor.

(b) All the costs and expenses of the joint recreation

board, including those relative to property jointly acquired,

shall be paid for by the respective municipalities as specified

in the intergovernmental cooperation agreement.

Section 3014. Issue of Bonds.--The township may incur

indebtedness and may issue general obligation bonds for the

purpose of acquiring lands or buildings for parks and recreation

areas and the equipment thereof in accordance with 53 Pa.C.S.

Pt. VII Subpt. B (relating to indebtedness and borrowing).

Section 3020. Right of Establishment.--Townships may [by

ordinance establish a commission to be known as the Shade Tree

Commission but in townships where the township commissioners

shall not elect to create by ordinance a Shade Tree Commission,

the township commissioners may exercise all the rights and

perform the duties and obligations imposed by this article upon

the Shade Tree Commission.], by ordinance, establish a shade

tree commission. In townships where the township commissioners

shall not elect to create by ordinance a shade tree commission,

the board of commissioners may exercise all the rights and

perform the duties and obligations imposed by this article upon

the shade tree commission.

Section 3021. [Personnel of Commission; Appointment; Terms;

Vacancies.--Except as otherwise provided in this section, the

commission shall be composed of three residents of the township

who shall be appointed by the township commissioners and shall

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serve without compensation.

The township commissioners may, by ordinance, provide that

the commission be composed of five members who shall be

residents of the township, shall be appointed by the township

commissioners and shall serve without compensation.

Whenever a shade tree commission of three members is

established by any township, the township commissioners shall

appoint--one member for a term of three years, one for a term of

four years, and one for a term of five years.

Whenever a shade tree commission of five members is

established by any township, the township commissioners shall

appoint members to staggered terms so that one term expires

every year.

On the expiration of the term of any shade tree commissioner,

a successor shall be appointed by the township commissioners, to

serve for a term of five years.

Vacancies in the office of shade tree commissioner shall be

filled by the township commissioners for the unexpired term.]

Appointment; Terms; Vacancies.--(a) A shade tree commission

shall be composed of three or five residents of the township who

shall be appointed by the board of commissioners and shall serve

without compensation.

(b) If a shade tree commission of three members is

established by any township, the board of commissioners shall

appoint one member for a term of three years, one for a term of

four years, and one for a term of five years. If a shade tree

commission of five members is established by any township, the

board of commissioners shall appoint members to staggered terms

so that one term expires every year. On the expiration of the

term of any shade tree commissioner, a successor shall be

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appointed by the board of commissioners to serve for a term of

five years.

be filled by the board of commissioners for the unexpired term.

Section 3022. Powers may be Vested in Park Commission.--

[Whenever, in any township, there exists a commission for the

care of public parks, the township commissioners may, by

ordinance, confer on the park commission all the powers and all

the duties prescribed by this article for the shade tree

commission.] If in any township there exists a commission for

the care of public parks, the board of commissioners may, by

ordinance, confer on the park commission all the powers and all

the duties prescribed by this article for the shade tree

commission.

Section 3023. General Powers of [Commission.--The commission

shall have exclusive custody and control of the shade trees in

the township, and is authorized to plant, remove, maintain, and

protect shade trees on the public streets and highways in the

township.] Shade Tree Commission.--Except as provided in section

2070, the shade tree commission shall have exclusive custody and

control of the shade trees in the township, and is authorized to

plant, remove, maintain and protect shade trees on the public

streets and highways in the township.

Section 3024. Hiring of Employes; [Legislative Power of

Commission.--The commission may, with the approval of the

township commissioners, employ and pay such superintendents,

engineers, foresters, tree wardens, or other assistants, as the

proper performance of the duties devolving upon it shall

require, and may make, publish and enforce regulations for the

care and protection of the shade trees of the township. No such

20190HB2073PN2927 - 422 -

regulation shall be in force until it has been approved by the

township commissioners, and until it has been published at least

twice in not more than two newspapers of general circulation in

the township, and if no newspapers are published in the

township, then in such newspapers circulating in the township.]

Regulations.--The shade tree commission may, with the approval

of the board of commissioners, select, employ and discharge and

pay persons to perform the duties and directions of the shade

tree commission and make, publish and enforce regulations for

the care and protection of the shade trees of the township. No

regulations shall be in force until approved by the board of

commissioners and until published at least once in a newspaper

of general circulation in accordance with the provisions of

section 110.

Section 3025. Report of [Commission.--The shade tree

commission shall annually report in full, to the township

commissioners, its transactions and expenses for the last fiscal

year of the township. The park commission may incorporate such

transactions and expenses in its regular report to the township

commissioners.] Shade Tree Commission.--The shade tree

commission shall annually report in full to the board of

commissioners its transactions and expenses for the preceding

fiscal year of the township. The park commission may incorporate

the transactions and expenses in its regular report to the board

of commissioners.

Section 3026. Notice of [Commission's Activities; Planting

or Removal of Shade Trees.--Whenever any shade tree commission

or park commission proposes to plant, transplant, or remove

shade trees on any street or highway, notice of the time and

place of meeting, at which such work is to be considered, shall

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be given in not more than two newspapers of general circulation

in the township, and if no newspapers are published in the

township, then in such newspapers circulating in the township,

once a week for two weeks, immediately preceding the time of the

meeting. The notice shall specify in detail the streets or

highways, or portions thereof, upon which trees are proposed to

be so planted, replanted, or removed.] Work.--If a shade tree

commission proposes to plant, transplant or remove shade trees

on any street or highway, notice of the time and place of the

meeting at which the work is to be considered shall be given

once in one newspaper of general circulation immediately

preceding the time of the meeting. The notice shall specify in

detail the streets or highways, or portions thereof, upon which

trees are proposed to be planted, transplanted or removed.

Section 3027. [Landholders Liability for Costs.--The cost of

planting, transplanting, or removing any shade trees in the

streets or highways of the township, of the necessary and

suitable guards, curbing, or grading for the protection thereof,

and of the replacing of any pavement or sidewalk necessarily

disturbed in the execution of such work, shall be paid by the

owner of the real estate in front of whose property the work is

done.

The amount each owner is to pay shall be ascertained and

certified by the commission to the township commissioners and to

the township treasurer.] Payment by Owners; Assessment.--(a)

The cost of planting, transplanting or removing any shade trees

in the streets or highways of the township, of the necessary and

suitable guards, curbing or grading for protection of the shade

trees and of the replacing of any pavement or sidewalk

necessarily disturbed in the execution of the work shall be paid

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by the owner of the real estate abutting the location of the

work.

(b) In the event that the township undertakes the work

described in this section, costs shall be assessed in accordance

with Article XXV-A and if the benefit conferred method of

assessment is used, the benefit conferred shall be no greater

than actual costs.

Section 3027.1. Removal of Diseased [Trees.--The commission

may, upon such notice as may be provided by ordinance, require

owners of property to cut and remove trees afflicted with the

Dutch elm or other disease which threatens to injure or destroy

shade trees in the township, under regulations prescribed by

ordinance. Upon failure of any such owner to comply with such

notice, the township may cause the work to be done by the

township and levy and collect the cost thereof from the owner of

the property. The cost of such work shall be a lien upon the

premises from the time of the commencement of the work, which

date shall be fixed by the township engineer and shall be filed

with the township secretary. Any such lien may be collected by

action in assumpsit or by lien filed in the manner provided by

law for the filing and collection of municipal claims.] or

Dangerous Trees.--The shade tree commission may, by regulation

and upon notice provided by ordinance, require owners of

property to cut and remove trees afflicted with any disease

which threatens to injure or destroy shade trees in the

township. Upon failure of any owner to comply with the notice,

the township may cause the work to be done by the township and

assess and collect the cost against the owner of the property in

accordance with section 3027.

Section 144. Section 3028 of the act is repealed:

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[Section 3028. Assessments Liens.--Upon the filing of the

certificate with the township commissioners, the township

secretary shall cause thirty days' written notice to be given to

the persons against whose property an assessment has been made.

The notice shall state the amount of the assessment and the time

and place of payment, and shall be accompanied by a copy of the

certificate.

The amount assessed against the real estate shall be a lien

from the time of the filing of the certificate with the township

commissioners, and, if not paid within the time designated in

the notice, a claim may be filed and collected by the township

in the same manner as municipal claims are filed and collected.]

Section 145. Sections 3029 and 3030 of the act are amended

to read:

Section 3029. Maintenance by Township; Funds For.--[The cost

and expenses of caring for such trees after having been planted,

and the expense of publishing the notice hereuntofore provided,

shall be paid by the township.

The needed amount shall each year be certified by the shade

tree commissioners to the township commissioners, and shall be

drawn against as required by the commission, in the same manner

as money appropriated for township purposes.

The township commissioners, instead of levying the tax

authorized under the general tax levying powers of this act, may

provide for the expense of caring for trees already planted and

of publishing the notice, by appropriations equal to the amount

certified to be required by the shade tree commission.] (a) The

cost and expenses of caring for shade trees after planting, and

the expense of publishing the notice required by this article

shall be paid by the township.

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(b) The shade tree commission shall annually certify the

amount needed under this article to the board of commissioners.

tax levying powers of this act, the board of commissioners may

provide for the expenses of caring for trees previously planted

and publishing the notice, by appropriations equal to the amount

certified to be required by the shade tree commission.

Section 3030. Penalties.--[The commission, to the extent as

may be provided by ordinance of the township, may assess

penalties for the violation of its regulations, and of this

article so far as it relates to shade trees. Any penalty so

assessed shall be a lien upon the real estate of the offender,

and may be collected as municipal claims are collected.] (a) As

provided by ordinance of the township, the shade tree commission

may assess penalties for the violation of its regulations and

this article relating to shade trees. Any penalty assessed shall

be a lien upon the real estate of the offender and may be

collected as a municipal claim.

(b) All penalties or assessments imposed under this article

shall be paid to the township treasurer to be kept in a separate

fund and utilized only for the purposes authorized by this

article.

Section 146. Section 3031 of the act is repealed:

[Section 3031. Disposition of Penalties.--All penalties or

assessments imposed under this article shall be paid to the

township treasurer, to be placed to the credit of the shade tree

commission, subject to be drawn upon by the commission for the

purposes of the preceding sections.]

Section 147. Section 3040 of the act is amended to read:

Section 3040. Right of Acquisition of Forest Lands.--

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[Townships may acquire, by purchase, gift, or lease, and hold

tracts of land covered with forest or tree growth, or suitable

for the growth of trees, and administer the same under the

direction of the Department of Forests and Waters, in accordance

with the practices and principles of scientific forestry, for

the benefit of the township. Such tracts may be of any size

suitable for the purpose, and may be located within or without

the township limits.] A township may acquire by purchase, gift

or lease tracts of land covered with forest or tree growth or

suitable for the growth of trees for the benefit of the

township, and administer the tracts in accordance with the

practices and principles of scientific forestry. The tracts may

be of any size suitable for the purpose and may be located

within or without the township limits.

Section 148. Section 3041 of the act is repealed:

[Section 3041. Approval of Department of Forests and

Waters.--Before the passage of any ordinance for the acquisition

of land to be used as township forests, the township

commissioners shall submit to the Department of Forests and

Waters, and secure its approval of, the area and location of

such land.]

Section 149. Sections 3042, 3043, 3044, 3045, 3046, 3047 and

3048 of the act are amended to read:

Section 3042. Ordinance and Notice.--[Whenever the township

commissioners deem it expedient to acquire any lands for

forests, they shall so declare in an ordinance, wherein shall be

set forth all facts and conditions relating to the proposed

action.] If the board of commissioners deems it expedient to

acquire land for forests, it shall enact an ordinance setting

forth the facts and conditions relating to the proposed action.

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Section 3043. Appropriation for Acquisition.--[All money

necessary for the purchase of such tracts shall be appropriated

in the same manner as appropriations for township purposes, and

such funds may be provided from the current revenue or by the

proceeds of a sale of general obligation bonds in accordance

with existing law.] Money necessary for the purchase of the

tracts shall be appropriated in the same manner as

appropriations for township purposes. Money may be provided from

the current revenue or by the proceeds of a sale of general

obligation bonds.

Section 3044. [Rules and Regulations.--Upon the acquisition

of any forests or lands suitable for forests, the township

commissioners shall notify the Department of Forests and Waters,

which shall make such rules for the government and proper

administration of the same as may be deemed necessary; and the

commissioners shall publish such rules, declare the uses of the

forest in accordance with the intent of this subdivision, and

make such provision for its administration, maintenance,

protection, and development as shall be necessary or expedient.

The rules governing the administration of such forests shall

have for their main purpose the producing of a continuing

township revenue by the sale of forest products.] Regulations.--

Upon the acquisition of any forests or lands suitable for

forests, the board of commissioners may promulgate regulations

governing the proper administration of the acquired forestry as

necessary to produce continuing township revenue by the sale of

forest products. The regulations may provide for the

administration, maintenance, protection and development of the

forests or lands suitable for forests as necessary or expedient.

Section 3045. Appropriation for [Maintenance.--All moneys

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necessary to be expended for the administration, maintenance,

protection, and development of such forests shall be

appropriated and applied as is now done for township purposes.

All revenue and emoluments arising from such forests shall be

paid into the township treasury, to be used for general township

purposes.] Maintenance; Revenue.--Money necessary for the

administration, maintenance, protection and development of

forests shall be appropriated and applied for township purposes.

The revenue and the return on the revenue arising from the

forests shall be paid into the township treasury to be used for

general township purposes.

Section 3046. Use of Township Forests.--Township forests may

be used by the public as general outing or recreation grounds[,

subject to the rules of the Department of Forests and Waters

governing their administration as municipal forests, and rules

adopted by the township commissioners not inconsistent with law

or regulations of the department.] subject to the regulations

under section 3044.

Section 3047. Ordinance of Sale.--[Whenever the township

commissioners deem it expedient to sell or lease any forest, or

part thereof, or products therefrom, they shall so declare in an

ordinance, wherein shall be set forth all the facts and

conditions relating to the proposed action. No ordinance for the

sale or lease of a municipal forest, or part thereof, shall be

effective in legalizing such sale or lease until it has been

approved by a majority vote of the people at the next ensuing

general, municipal or primary election.] (a) If the board of

commissioners deem it expedient to sell or lease a township

forest, a part of a township forest or a product from a township

forest, the board shall enact an ordinance setting forth the

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facts and conditions relating to the proposed action.

(b) To enact an ordinance under this section, the board

shall comply with the advertising and bidding requirements of

section 1501.1.

Section 3048. Appropriation of [Moneys to Forestry

Organizations.--The commissioners of any township may

appropriate moneys from their respective treasuries to any

forest protection association, cooperating in forest work with

the State Department of Forests and Waters, or to be expended in

direct cooperation with said Department of Forests and Waters in

forest work.] Money to Forestry Organizations.--The board of

commissioners may appropriate money from the township treasury

to a forest protection association cooperating in forest work

with the Department of Conservation and Natural Resources or to

be expended in direct cooperation with the Department in forest

work.

Section 150. Article XXX-A heading and Article XXXI heading

of the act are repealed:

[ARTICLE XXX-A

LAND SUBDIVISION

ARTICLE XXXI

ZONING]

Section 151. Sections 3103-A, 3105-A and 3106-A of the act

is amended to read:

Section 3103-A. Changes in Uniform Construction Code.

The [township] board of commissioners may propose and enact

an ordinance to equal or exceed the minimum requirements of the

Uniform Construction Code in accordance with and subject to the

requirements of section 503 of the Pennsylvania Construction

Code Act. An ordinance exceeding the provisions of the Uniform

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Construction Code shall be required to meet the standards

provided in section 503(j)(2) of the Pennsylvania Construction

Code Act.

Section 3105-A. Property maintenance code.

(a) Property maintenance code.--Notwithstanding the primacy

of the Uniform Construction Code, the [township] board of

commissioners may enact a property maintenance ordinance, and

they may incorporate a standard or nationally recognized

property maintenance code, or a variation or change or part of

the code, published and printed in book form, without

incorporating the text of the code in the ordinance, or the

board of commissioners may enact a standard or nationally

recognized property maintenance code or a change or variation or

part, as the ordinance. In either event, the ordinance, or a

change or variation or part, need not be advertised after

passage, but notice of its consideration, in reasonable detail,

shall be published as will give adequate notice of its contents

and a reference to the place or places within the township where

copies of the proposed property maintenance code may be examined

or obtained. The notice required by this subsection shall be

published once in one newspaper of general circulation at least

one week and not more than three weeks prior to the presentation

of the proposed property maintenance code to the board of

commissioners. No fewer than three copies of the ordinance

adopted by the board of commissioners shall be made available

for public inspection and use during business hours or be made

available to an interested party at the cost of the copies or

may be furnished or lent without charge. A property maintenance

code adopted by reference need not be recorded in or attached to

the ordinance book but shall be deemed to have been legally

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recorded if the ordinance by which the code was adopted by

reference shall have been recorded, with an accompanying

notation stating where the full text of the code shall have been

filed. The ordinance may provide for reasonable property fines

and penalties for violations of the ordinance. The procedure

under this section relating to the adoption of the ordinance may

likewise be utilized in amending, supplementing or repealing a

provision of the ordinance.

(b) Property maintenance inspectors.--The [township] board

of commissioners may appoint property maintenance inspectors who

shall have the right to enter upon and inspect any premises,

subject to constitutional standards, at reasonable hours and in

a reasonable manner for the administration and enforcement of

the township's property maintenance code or ordinance

incorporating a standard or nationally recognized property

maintenance code. A fee payable to property maintenance

inspectors under the ordinance shall be promptly paid by them to

the township treasurer for the use of the township.

the property maintenance ordinance, the township may institute

appropriate actions or proceedings at law or in equity to

prevent or restrain property maintenance violations.

(d) Construction.--The powers of a township as provided in

this section shall be in addition to, but not limited to, the

powers provided in the act of November 26, 2008 (P.L.1672,

No.135), known as the Abandoned and Blighted Property

Conservatorship Act, 53 Pa.C.S. Ch. 61 (relating to neighborhood

blight reclamation and revitalization) and 68 Pa.C.S. Ch. 21

(relating to land banks).

Section 3106-A. Reserved powers.

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If, as a result of legislative action or final order of court

for which the time for appeal has expired and no appeal has been

taken or from which there is no pending appeal, the Uniform

Construction Code or a replacement code is no longer applicable

in townships, the [township] board of commissioners may:

(1) Enact and enforce ordinances to govern and regulate

the construction, reconstruction, alteration, extension,

repair, conversion, maintenance, occupation, sanitation,

ventilation, heating, egress, lighting, electrical wiring,

water supply, toilet facilities, drainage, plumbing, fire

prevention, fireproofing, including prescribing limitations

wherein only buildings of noncombustible material and

fireproofed roofs are used in construction, erection or

substantial reconstruction, use and inspection of all

buildings and housing or parts of buildings and housing and

the roofs, walls and foundations of buildings and housing,

and all facilities and services in or about the buildings or

housing constructed, erected, altered, designed or used, in

whole or in part, for use or occupancy, and the sanitation

and inspection of land appurtenant to the buildings or

housing. The codes may be combined or separately enacted or

combined with the property maintenance code. The [township]

board of commissioners may adopt, amend or incorporate by

reference a standard or nationally recognized code or a

variation or change or part of the code as its ordinance in

the manner provided in section 3105-A. The ordinance may

provide for reasonable fines and penalties for violations of

the ordinance.

(2) Require that, before work of construction,

reconstruction, alteration, extension, repair or conversion

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of a building has begun, approval of the plans and

specifications be secured.

(3) Appoint building inspectors, housing inspectors,

property maintenance inspectors, fire prevention inspectors,

electrical inspectors and plumbing inspectors and fix their

compensation. The inspectors shall have the right to enter

upon, subject to constitutional standards, and inspect a

premises at reasonable hours and in a reasonable manner, for

the administration and enforcement of the township's adopted

codes or ordinances incorporating standard or nationally

recognized codes. A fee payable to inspectors under the

ordinances shall be paid by them to the township treasurer

for the use of the township as promptly as may be.

(4) In addition to the penalties provided by ordinances,

institute appropriate actions or proceedings at law or in

equity to prevent or restrain the unlawful construction,

reconstruction, alteration, extension, repair, conversion,

maintenance, use or occupation of property located within the

township, to restrain, correct or abate the violation and to

prevent the use or occupancy of the building, housing or

structure.

Section 152. Article XXXII heading and Article XXXIII of the

act are repealed:

[ARTICLE XXXII

TOWNSHIP PLANNING COMMISSION

ARTICLE XXXIII

ENFORCEMENT OF ORDINANCES

Section 3301. Proceedings for Violation of Township

Ordinances.--All proceedings for the violation of township

ordinances, and for the collection of fines and penalties, may

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be commenced by warrant or by summons, at the discretion of the

justice of the peace before whom the proceeding is begun. No

warrant shall be issued except upon complaint, on oath or

affirmation, specifying the ordinance for the violation is

issued. All proceedings shall be served and executed within the

State by any policeman or constable of the township. Persons

arrested for violation of a township ordinance shall be entitled

to give bail for their appearance as provided for summary

proceedings. Except where otherwise provided by law, warrants

shall be returnable with the right of appeal from any final

judgment as provided for summary proceedings,

Section 3302. Arrests on View; Complaints.--When any person

is arrested on view, a complaint on oath or affirmation shall be

immediately made, and proceedings as if a warrant is issued.

Section 3304. Incarceration of Violators of Township

Ordinances; Collection of Fines and Penalties.--Any person

arrested for the violation of a township ordinance may be

detained by the township pending a hearing or trial. In case

there is no suitable detention facility or place to detain

prisoners, the person arrested may be committed to the county

jail or workhouse. Except where Sunday intervenes, no person

shall be committed for a longer period than twenty-four hours

without a hearing.

On default of the payment by a person of a fine, penalty or

costs imposed by judgment or conviction in a summary proceeding

or by proceedings by summons, the defendant may be sentenced and

detained for a period not exceeding five days, or to the county

jail or workhouse for a period not exceeding thirty days. No

fine or penalty shall exceed three hundred dollars for any

single violation of an ordinance. In case the defendant has

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goods or property of any kind whatsoever, out of which said

judgment and costs can be collected by execution, capias, or

other process, the plaintiff in the action may elect to proceed

to collect the said judgment by the proceedings.

Section 3305. Township's Liability for Costs of Prisoners to

County.--When a prisoner is committed to any county jail or

workhouse, either for the nonpayment of a fine or penalty

imposed for the violation of any ordinance of a township, or

while awaiting a hearing upon any charge for the violation of

any ordinance of a township, the costs of proceedings and the

expenses of maintaining such prisoner during his confinement,

shall be paid by the township whose ordinances were alleged to

have been violated or to which any such fines or penalties are

payable. The county shall not be liable for any maintenance or

to any officer or persons for any costs.]

Section 153. The act is amended by adding an article to

read:

ARTICLE XXXIII-A

ORDINANCES

(a) General Provisions

Section 3301-A. Ordinances and resolutions.

(a) General rule.--The board of commissioners shall enact

ordinances in accordance with this article and the laws of this

Commonwealth in which the powers of the township shall be

exercised as deemed beneficial to the township and to provide

for the enforcement of the powers of the township. The board of

commissioners may amend, repeal or revise existing ordinances by

the enactment of subsequent ordinances.

(b) Ordinances.--Every legislative act of the board of

commissioners shall be by ordinance. Legislative acts shall

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include, but not be limited to:

(1) Legislation doing any of the following:

(i) Exercising the police power of the township.

(ii) Regulating land use, development and

subdivision.

(iii) Imposing building, plumbing, electrical,

property maintenance, housing and similar standards.

(iv) Regulating the conduct of a person or entity

within the township and imposing penalties for violation

of the regulated conduct.

(2) Imposing assessments on benefited property for

public improvements in accordance with Article XXV-A.

(3) Increasing the rate of taxation from the previous

fiscal year.

resolutions in accordance with this article and the laws of this

Commonwealth. Resolutions may be adopted for any purpose,

including, but not limited to, the following:

(1) Ceremonial or congratulatory expressions of the good

will of the board of commissioners.

(2) Statements of public policy of the board of

commissioners.

(3) Approval of formal agreements of the township,

except for agreements arising under an established purchasing

system of the township.

(4) Approval, if required, of administrative rules,

regulations and bylaws arising under State statutes or

township ordinances.

(5) Levying taxes at the same rate as or a rate lower

than the previous fiscal year.

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Section 3302-A. Publication.

(a) Requirements.--Except as provided under this article or

other law, the board of commissioners shall publish every

proposed ordinance once in one newspaper of general circulation

at least seven days and not more than 60 days prior to

enactment. Publication of any proposed ordinance shall include

all of the following:

(1) The full text or the subject matter and a brief

summary prepared by the township solicitor setting forth all

the provisions in reasonable detail.

(2) A reference to the township office or other place

where township records are kept where copies of the proposed

ordinance may be examined.

(b) Summary.--If the full text is not included in the

publication of the proposed ordinance, the following shall

apply:

(1) The newspaper in which the proposed ordinance is

published shall, upon request, be furnished a copy of the

full text without charge.

(2) The following shall apply:

(i) In addition to copies of the full text of the

proposed ordinance retained where township records are

kept in accordance with subsection (a), an attested copy

of the full text shall be filed within 30 days after

enactment in the county law library or other county

office designated by the county commissioners.

(ii) The county commissioners may impose a fee not

greater than the actual costs of storing the proposed

ordinance.

(iii) Filing with the county may be completed by the

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submission of an electronic copy of the ordinance through

a method available, in the sole discretion of the county,

to permit receipt by the office storing municipal

ordinances. No fee pursuant to clause (ii) shall be

imposed for storing an electronic copy of an ordinance.

(iv) Upon request by the township, the county shall

notify the township of the method by which electronic

copies may be submitted.

(v) The county may store the ordinance

electronically if the public is able to access the

electronically stored township ordinances during regular

business hours at the office or at a remote location.

(vi) The township shall retain a printed copy of the

email and ordinance as transmitted.

(3) The date of the filing with the county under paragraph

(2) shall not affect the effective date of the ordinance and

shall not be deemed a defect in the process of the enactment of

the ordinance.

made in the proposed ordinance, before voting upon enactment,

the board of commissioners shall within at least ten days before

enactment readvertise in one newspaper of general circulation

the subject matter and a brief summary setting forth all the

provisions in reasonable detail together with a summary of the

amendments. A copy of the full text of the amended proposed

ordinance shall be retained where township records are kept.

(d) Maps.--When maps, plans or drawings of any kind are

adopted as part of an ordinance, instead of publishing them as

part of the proposed ordinance, the board of commissioners may

refer in publishing the proposed ordinance to the place where

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the maps, plans or drawings are on file and may be examined.

Section 3303-A. Recording and proof.

(a) Recording.--All township ordinances and all township

resolutions pertaining to tax levies shall, within thirty days

after enactment, be recorded by the township secretary in an

ordinance book. A failure to record within the time provided

shall not be deemed a defect in the process of enactment of the

ordinance or resolution pertaining to a tax levy. The ordinance

book shall be open to the inspection of citizens during normal

business hours.

(b) Proof.--All ordinances may be proved by the certificate

of the township secretary under the corporate seal. If an

ordinance is printed or published in book or pamphlet form by

the authority of the township, the ordinance shall be accepted

as evidence without further proof. The entry of the township

ordinance in the ordinance book shall be sufficient without the

signature of the president of the board of commissioners or

other person.

portion of an ordinance which was attached to the ordinance book

before July 31, 1963, shall be considered in force as if the

ordinances or portions of ordinances had been recorded directly

upon the pages of the ordinance book if all other requirements

of this act applicable to the enactment, approval, advertising

and recording of the ordinances or portions of ordinances were

complied with within the time limits prescribed under this act.

Section 3304-A. Codification of ordinances.

(a) Consolidation, codification and revision.--The board of

commissioners may prepare or have prepared a consolidation,

codification or revision of the general body of township

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ordinances or the ordinances on a particular subject. The board

of commissioners may enact the consolidation, codification or

revision as an ordinance of the township except the required

advertised notice of the proposed enactment of the

consolidation, codification or revision shall specify its

general nature and shall include a listing of its table of

contents. The procedure for the consolidation, codification or

revision of township ordinances as a single ordinance may also

be followed in enacting a complete group or body of ordinances,

repealing or amending existing ordinances as may be necessary,

in the course of preparing a consolidation, codification or

revision of the township ordinances, except that the

advertisement giving notice of the proposed enactment shall

list, in lieu of a table of contents, the titles only of each of

the ordinances in the complete group or body of ordinances.

(b) Enactment.--For a consolidation, codification or

revision under subsection (a), the ordinance shall be introduced

by the board of commissioners at least 30 days before its final

enactment and at least 15 days before final enactment, notice of

the introduction of the ordinance shall be given by

advertisement in a newspaper of general circulation.

or revision under subsection (a) has been enacted as an

ordinance, it shall not be necessary to advertise the entire

text, but it shall be sufficient to publish a notice stating

that the consolidation, codification or revision, which had

previously been given, was finally enacted.

Section 3305-A. Appeals from ordinances.

Complaint as to the legality of any ordinance or resolution

shall be made to the court of common pleas pursuant to 42

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Pa.C.S. § 5571.1 (relating to appeals from ordinances,

resolutions, maps, etc.). In cases of ordinances laying out

streets over private lands, the court shall have jurisdiction to

review the propriety as well as the legality of the ordinance.

Section 3306-A. Standard or nationally recognized codes.

(a) Authority to enact.--In the same manner as other

ordinances, and except as otherwise provided in this article or

the Pennsylvania Construction Code Act, the board of

commissioners may enact, by reference to a standard or

nationally recognized code, all or a portion of the standard or

nationally recognized code as an ordinance of the township. No

portion of any code which limits the work to be performed to any

type of construction contractor or labor or mechanic

classification shall be enacted. Three copies of the proposed

standard or nationally recognized code, portion of the code or

amendment to the code shall be filed with the secretary of the

township at least 10 days before the board of commissioners

considers the proposed ordinance. Upon enactment, a copy shall

be kept with the ordinance book and available for public use,

inspection, examination and copying.

(b) Time frame.--

(1) Except as otherwise provided by the Pennsylvania

Construction Code Act and regulations adopted pursuant to the

act, an ordinance adopting, by reference, a standard or

nationally recognized code shall be enacted within 60 days

after it is filed with the secretary of the township and

shall encompass the provisions of the code effective as of

the code date stated in the ordinance.

(2) A township that has adopted any standard or

nationally recognized code by reference may adopt subsequent

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ordinances which incorporate by reference any subsequent

changes thereof, properly identified as to date and source,

as may be adopted by the agency or association which

promulgated the code.

(3) An ordinance which incorporates standard or

nationally recognized code amendments by reference shall

become effective after the same procedure and in the same

manner as is specified in this section for original adoption

of the code.

incorporates, by reference, standard technical regulations or

code shall be subject to the provisions of the Pennsylvania

Construction Code Act, if applicable.

(b) Enforcement

Section 3321-A. Fines and penalties.

(a) Prescription.--

(1) A township ordinance shall prescribe fines and

penalties for violation.

(i) A civil penalty may not exceed $600 per

violation.

(ii) The board of commissioners may prescribe a

criminal fine not to exceed $1,000 per violation and may

prescribe imprisonment to the extent allowed by law for

the punishment of a summary offense.

(2) An ordinance under this subsection may provide that

a separate violation under paragraph (1), clauses (i) or (ii)

shall arise for:

(i) each day of violation; and

(ii) each applicable section of the ordinance.

(3) An ordinance may provide for assessment of court

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costs and reasonable attorney fees incurred by the township

in the enforcement proceedings.

(4) The board of commissioners may delegate the initial

determination of ordinance violation and the service of

notice of violation to a qualified officer or agent.

(b) Enforcement at law.--Unless otherwise provided by

statute, a township ordinance shall set forth the method of its

enforcement in accordance with the following:

(1) Except as provided in paragraph (2), if the penalty

is not paid, the township shall initiate a civil action for

collection in accordance with the Pennsylvania Rules of Civil

Procedure. A township shall be exempt from the payment of

costs in an action under this paragraph.

(2) For an ordinance regulating building, housing,

property maintenance, health, fire, public safety, parking,

solicitation, curfew, water or air or noise pollution,

enforcement shall be by a criminal action in the same manner

provided for the enforcement of summary offenses under the

Pennsylvania Rules of Criminal Procedure. The municipal

solicitor may assume charge of the prosecution without the

consent of the district attorney as required under

Pa.R.Crim.P. No. 454 (relating to trial in summary cases).

Violations of the property maintenance code or ordinance may

also be enforced under section 3105-A(c).

(3) Except for an ordinance subject to paragraph (2), an

ordinance enacted prior to the effective date of this section

shall be deemed automatically amended so that it shall be

enforced under paragraph (1).

(4) If a civil claim under this subsection, exclusive of

interest, costs or fees, exceeds the monetary jurisdiction of

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a magisterial district judge under 42 Pa.C.S. § 1515(a)

(relating to jurisdiction and venue), the township may:

(i) bring the action in a court of common pleas; or

(ii) make a waiver under 42 Pa.C.S. § 1515(a)(3).

enforcement under subsection (b), a township may enforce an

ordinance in equity in a court of common pleas of the county

where the township is situate.

(d) Payment.--Money collected under subsection (b) shall be

paid to the township treasurer.

Section 3322-A. Commitment pending trial.

An individual arrested for the violation of a township

ordinance may, pending hearing or trial, be committed to the

township lockup, or if there is no suitable township lockup, a

county correctional facility.

Section 3323-A. Township's liability for costs of prisoners to

county.

If a prisoner is committed to a county correctional facility

under section 3322-A, the expenses of maintaining the prisoner

during confinement shall be paid by the township and the county

shall not be liable for the maintenance.

Section 154. Sections 3406 and 3501 of the act are amended

to read:

Section 3406. [Recovery of Municipal Claims by Suit.--In

addition to the remedies provided by law for the filing of liens

for the collection of municipal claims, townships may proceed

for the recovery and collection of municipal claims by action of

assumpsit against the person or persons who were the owner or

owners of the property at the time of the completion of the

improvement, notwithstanding the fact that there was a failure

20190HB2073PN2927 - 446 -

on the part of any such township, or its agents, to enter any

such municipal claim as a lien against the property assessed for

the improvement, and for the recovery of which the action of

assumpsit was brought. Any such action in assumpsit shall be

commenced within three years after the completion of the

improvement from which said claim arises.] Collection of

Municipal Claims.--(a) In addition to the remedies provided by

law for the filing of liens for the collection of municipal

claims, including but not limited to water rates, sewer rates

and the removal of nuisances, townships may proceed for the

recovery and collection of municipal claims by action of

assumpsit against the person or persons who were the owner or

owners of the property at the time of the completion of the

improvement or at the time the water or sewer rates or the cost

of the removal of nuisances first became payable,

notwithstanding the fact that there was a failure on the part of

the township or its agents to enter the municipal claim as a

lien against the property assessed for the improvement or for

the furnishing of water or sewer services and for the removal of

nuisances, and for the recovery of which the action of assumpsit

was brought.

(b) The action in assumpsit shall be commenced either within

six years after the completion of the improvement from which the

claim arises or within six years after the applicable rates or

the cost of abating a nuisance first became payable.

Section 3501. Repeals.--(a) Nothing contained in this

amendment, revision and reenactment shall be construed to revive

any act or part of an act heretofore repealed.

(b) The following additional acts and parts of acts are

hereby repealed as respectively indicated:

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(1) The act, approved the twenty-second day of June, one

thousand nine hundred thirty-one (Pamphlet Laws 844), entitled,

as amended, "An act authorizing the Commonwealth of

Pennsylvania, or any department or division thereof, and

counties, cities, boroughs, incorporated towns, townships,

school districts, vocational school districts, and institution

districts to make contracts of life, health, hospitalization,

medical services, and accident policies for the benefit of

employes thereof, and contracts for pensions for such employes;

and providing for the payment of the cost thereof," so far as it

relates to townships of the first class.

(2) The act, approved the twenty-second day of June, one

thousand nine hundred thirty-one (Pamphlet Laws 845), entitled

"An act authorizing the publication of advertisements for bids

for public works, supplies or equipment in certain publications

and journals devoted to information about construction work," so

far as it relates to townships of the first class.

(3) The act, approved the first day of May, one thousand

nine hundred thirty-five (Pamphlet Laws 124), entitled "An act

authorizing the insurance of deposits of funds, of this

Commonwealth and of the political subdivisions thereof, with the

Federal Deposit Insurance Corporation or other similar agency;

and prohibiting requiring further security for amounts so

insured," so far as it relates to townships of the first class.

(4) The act, approved the eighteenth day of July, one

thousand nine hundred thirty-five (Pamphlet Laws 1173), entitled

"An act to prohibit discrimination on account of race, creed or

color in employment under contracts for public buildings or

public works," so far as it relates to townships of the first

class.

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(5) The act, approved the sixteenth day of March, one

thousand nine hundred thirty-seven (Pamphlet Laws 98), entitled

"An act authorizing political subdivisions to stipulate in

specifications, upon which contracts for the construction,

alteration or repairs of any public work or improvement are

entered into, the minimum wages to be paid to laborers and

mechanics, and providing for the stipulation of penalties in

such contracts where such minimum wage stipulations are

violated, and for the recovery of such penalties, and their

return in certain cases," so far as it relates to townships of

the first class.

(6) The act, approved the fifth day of June, one thousand

nine hundred forty-one (Pamphlet Laws 84), entitled "An act

providing for and regulating the appointment, promotion and

reduction in rank, suspension and removal of paid members of the

police force in boroughs, incorporated towns and townships of

the first class maintaining a police force of not less than

three members; creating a civil service commission in each

borough, incorporated town and township of the first class;

defining the duties of such civil service commission; imposing

certain duties and expense on boroughs, incorporated towns and

townships of the first class; imposing penalties, and repealing

inconsistent laws," so far as it relates to townships of the

first class.

(7) The act, approved the first day of June, one thousand

nine hundred forty-five (Pamphlet Laws 1232), entitled "An act

providing for and regulating the appointment, promotion and

reduction in rank, suspension and removal of paid operators of

fire apparatus in boroughs, incorporated towns and townships of

the first class; creating a civil service commission in each

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borough, incorporated town and township of the first class;

defining the duties of such civil service commission; imposing

certain duties and expenses on boroughs, incorporated towns and

townships of the first class; imposing penalties; and repealing

inconsistent laws," so far as it relates to townships of the

first class.

(8) The act of April 9, 1931 (P.L.22, No.20), entitled "An

act to validate and confirm tax levies made for general township

purposes, in excess of ten mills, by boards of township

commissioners of townships of the first class, when such excess

was for the purpose of the payment of interest on indebtedness

and sinking fund charges," absolutely.

(9) The act of July 2, 1937 (P.L.2803, No.588), entitled "An

act providing a method of annexation of townships of the first

class, and parts thereof, to cities and boroughs, and regulating

the proceedings pertaining thereto," absolutely.

(10) The act of July 18, 1935 (P.L.1172, No.381), entitled

"An act requiring tax collectors of townships of the first class

to secure from banks, banking institutions or trust companies a

bond to secure payment of deposits of all township tax money

deposited therein by such tax collector, secured by a surety

company authorized to transact business within the Commonwealth

of Pennsylvania, or a depository agreement secured by the

deposit of bonds or interest bearing securities of the United

States, the Commonwealth of Pennsylvania, or any city, borough,

township or school district in the Commonwealth of

Pennsylvania," absolutely.

supplied by, or appertaining to the subject matter covered by

this act are repealed. It is the intention that this act shall

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furnish a complete and exclusive system for the government and

regulation of townships of the first class, except as to the

several matters enumerated in section 103 of this act.

(d) This act shall not repeal or modify any of the

provisions of the following:

(1) 66 Pa.C.S. Pt. I (relating to Public Utility Code.

(2) A law, the enforcement of which is vested in the

Department of Health.

(3) A law, the enforcement of which is vested in the

Department of Environmental Protection.

(4) A law, the enforcement of which is vested in the

Department of Conservation and Natural Resources.

Section 155. Section 3502 of the act is repealed:

[Section 3502. All other acts and parts of acts inconsistent

with, supplied by, or appertaining to the subject matter covered

by this act are repealed. It is the intention that this act

shall furnish a complete and exclusive system for the government

and regulation of townships of the first class, except as to the

several matters enumerated in section 103 of this act. This act

shall not repeal or modify any of the provisions of the Public

Utility Law, nor any law, the enforcement of which is vested in

the Department of Health or the Sanitary Water Board, or the

provisions of any law, the enforcement of which is vested in the

Department of Forests and Waters or the Water and Power

Resources Board.]

Section 156. This act shall take effect in 60 days.

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